Trademarks Act

Marginal note:When distinguishing guises registrable

• 13 (1) A distinguishing guise is registrable only if

  • (a) it has been so used in Canada by the applicant or his predecessor in title as to have become distinctive at the date of filing an application for its registration; and

  • (b) the exclusive use by the applicant of the distinguishing guise in association with the goods or services with which it has been used is not likely unreasonably to limit the development of any art or industry.

• Marginal note:Effect of registration

  (2) No registration of a distinguishing guise interferes with the use of any utilitarian feature embodied in the distinguishing guise.

• Marginal note:Not to limit art or industry

  (3) The registration of a distinguishing guise may be expunged by the Federal Court on the application of any interested person if the Court decides that the registration has become likely unreasonably to limit the development of any art or industry.