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Trademarks Act (R.S.C., 1985, c. T-13)

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Act current to 2019-12-03 and last amended on 2019-06-18. Previous Versions

Trademarks Act

R.S.C., 1985, c. T-13

An Act relating to trademarks and unfair competition

Short Title

Marginal note:Short title

 This Act may be cited as the Trademarks Act.

  • R.S., 1985, c. T-13, s. 1
  • 2014, c. 20, s. 318(E)

Interpretation

Marginal note:Definitions

 In this Act,

certification mark

certification mark means a sign or combination of signs that is used or proposed to be used for the purpose of distinguishing or so as to distinguish goods or services that are of a defined standard from those that are not of that defined standard, with respect to

  • (a) the character or quality of the goods or services,

  • (b) the working conditions under which the goods are produced or the services performed,

  • (c) the class of persons by whom the goods are produced or the services performed, or

  • (d) the area within which the goods are produced or the services performed; (marque de certification)

confusing

confusing, when applied as an adjective to a trademark or trade name, means, except in sections 11.13 and 11.21, a trademark or trade name the use of which would cause confusion in the manner and circumstances described in section 6; (créant de la confusion)

Convention

Convention means the Convention of the Union of Paris made on March 20, 1883 and any amendments and revisions thereof made before or after July 1, 1954 to which Canada is party; (Convention)

country of origin

country of origin means

  • (a) the country of the Union in which the applicant for registration of a trademark had at the date of the application a real and effective industrial or commercial establishment, or

  • (b) if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a), the country of the Union where he on that date had his domicile, or

  • (c) if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a) or a domicile as described in paragraph (b), the country of the Union of which he was on that date a citizen or national; (pays d’origine)

country of the Union

country of the Union means

  • (a) any country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or

  • (b) any WTO Member; (pays de l’Union)

distinctive

distinctive, in relation to a trademark, describes a trademark that actually distinguishes the goods or services in association with which it is used by its owner from the goods or services of others or that is adapted so to distinguish them; (distinctive)

distinguishing guise

distinguishing guise[Repealed, 2014, c. 20, s. 319]

geographical indication

geographical indication means an indication that identifies a wine or spirit, or an agricultural product or food of a category set out in the schedule, as originating in the territory of a WTO Member, or a region or locality of that territory, if a quality, reputation or other characteristic of the wine or spirit or the agricultural product or food is essentially attributable to its geographical origin; (indication géographique)

Nice Classification

Nice Classification means the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, signed at Nice on June 15, 1957, including any amendments, modifications and revisions made from time to time to which Canada is a party; (classification de Nice)

owner

owner, in relation to a certification mark, means the person by whom the defined standard has been established; (propriétaire)

package

package[Repealed, 2014, c. 32, s. 7]

person

person includes any lawful trade union and any lawful association engaged in trade or business or the promotion thereof, and the administrative authority of any country, state, province, municipality or other organized administrative area; (personne)

person interested

person interested includes any person who is affected or reasonably apprehends that he may be affected by any entry in the register, or by any act or omission or contemplated act or omission under or contrary to this Act, and includes the Attorney General of Canada; (personne intéressée)

prescribed

prescribed means prescribed by or under the regulations; (prescrit)

proposed trade-mark

proposed trade-mark[Repealed, 2014, c. 20, s. 319]

protected geographical indication

protected geographical indication means a geographical indication that is on the list kept pursuant to subsection 11.12(1); (indication géographique protégée)

register

register means the register kept under section 26; (registre)

registered trademark

registered trademark means a trademark that is on the register; (marque de commerce déposée)

registered user

registered user[Repealed, 1993, c. 15, s. 57]

Registrar

Registrar means the Registrar of Trademarks who is described in subsection 63(1); (registraire)

related companies

related companies means companies that are members of a group of two or more companies one of which, directly or indirectly, owns or controls a majority of the issued voting stock of the others; (compagnies connexes)

release

release has the same meaning as in subsection 2(1) of the Customs Act; (dédouanement)

representative for service

representative for service[Repealed, 2014, c. 20, s. 319]

sign

sign includes a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign; (signe)

trademark

trademark means

  • (a) a sign or combination of signs that is used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others, or

  • (b) a certification mark; (marque de commerce)

trade name

trade name means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; (nom commercial)

use

use, in relation to a trademark, means any use that by section 4 is deemed to be a use in association with goods or services; (emploi ou usage)

wares

wares[Repealed, 2014, c. 32, s. 7]

WTO Agreement

WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act; (Accord sur l’OMC)

WTO Member

WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. (membre de l’OMC)

  • R.S., 1985, c. T-13, s. 2
  • 1993, c. 15, s. 57
  • 1994, c. 47, s. 190
  • 2014, c. 20, ss. 319, 361(E), 362(E), 367, 369, c. 32, ss. 7, 53
  • 2017, c. 6, s. 60

Reference to person

 Unless the context requires otherwise, a reference to person in this Act, in relation to a trademark, includes two or more persons who, by agreement, do not have the right to use the trademark in Canada except on behalf of both or all of them.

  • 2014, c. 20, s. 320

Marginal note:When deemed to be adopted

 A trademark is deemed to have been adopted by a person when that person or his predecessor in title commenced to use it in Canada or to make it known in Canada or, if that person or his predecessor had not previously so used it or made it known, when that person or his predecessor filed an application for its registration in Canada.

  • R.S., 1985, c. T-13, s. 3
  • 2014, c. 20, s. 361(E)
 
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