Trademarks Act

Marginal note:No importation or exportation

• 51.03 (1) Goods shall not be imported or exported if the goods or their labels or packaging bear  —  without the consent of the owner of a registered trade-mark for such goods  —  a trade-mark that is identical to, or that cannot be distinguished in its essential aspects from, that registered trade-mark.

• Marginal note:Exception

  (2) Subsection (1) does not apply if

  • (a) the trade-mark was applied with the consent of the owner of the trade-mark in the country where it was applied;

  • (b) the sale or distribution of the goods or, in the case where the trade-mark is on the goods’ labels or packaging, of the goods in association with the labels or packaging would not be contrary to this Act;

  • (c) the goods are imported or exported by an individual in their possession or baggage and the circumstances, including the number of goods, indicate that the goods are intended only for their personal use; or

  • (d) the goods, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada.

• Marginal note:Restriction

  (3) The contravention of subsection (1) does not give rise to a remedy under section 53.2.