Trademarks Act

Marginal note:Definitions

• 11.11 (1) The following definitions apply in this section and in sections 11.12 to 11.24.

  Minister

  Minister means the Minister designated under subsection (2). (ministre)

  responsible authority

  responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the schedule, the person, firm or other entity that, in the Minister’s opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable about that wine or spirit or that agricultural product or food to be a party to any proceedings under this Act. (autorité compétente)

• Marginal note:Designation of Minister

  (2) The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this section and sections 11.12 to 11.24.

• Marginal note:When indication confusing with trademark

  (3) For the purposes of sections 11.13 and 11.21, an indication identifying an agricultural product or food is confusing with a trademark if the use of both the indication and the trademark in the same area would be likely to lead to the inference that the agricultural product or food associated with the indication originates from the same source as the goods or services associated with the trademark.

• Marginal note:What to be considered

  (4) For the purposes of sections 11.13 and 11.21, in determining whether an indication is confusing with a trademark, the Registrar or the Federal Court, as the case may be, shall have regard to all the surrounding circumstances, including

  • (a) the length of time that the indication has been used to identify the agricultural product or food with which it is associated as originating in the territory, or the region or locality of a territory, and the extent to which it has become known;

  • (b) the degree of resemblance between the indication and the trademark, including in appearance or sound or in the ideas suggested by them; and

  • (c) with respect to the trademark,

    • (i) its inherent distinctiveness and the extent to which it has become known,

    • (ii) the length of time that it has been in use, and

    • (iii) the nature of the goods, services or business that is associated with it.