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Trademarks Act

Version of section 51.04 from 2017-09-21 to 2019-06-16:


Marginal note:Request for assistance

  •  (1) The owner of a protected mark may file with the Minister, in the form and manner specified by the Minister, a request for assistance in pursuing remedies under this Act with respect to goods imported or exported in contravention of section 51.03.

  • Marginal note:Information in request

    (2) The request for assistance shall include the name and address in Canada of the owner of the protected mark and any other information that is required by the Minister, including information about the trade-mark and the goods for which it is registered or, in the case of a geographical indication, the goods identified by the indication.

  • Marginal note:Validity period

    (3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the owner of the protected mark, extend the period for two years, and may do so more than once.

  • Marginal note:Security

    (4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the owner of the protected mark furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the owner of the protected mark becomes liable under section 51.09.

  • Marginal note:Update

    (5) The owner of the protected mark shall inform the Minister in writing, as soon as feasible, of any changes to

    • (a) the validity of the protected mark that is the subject of the request for assistance;

    • (b) the ownership of the protected mark; or

    • (c) the goods for which the trade-mark is registered or, in the case of a geographical indication, the goods identified by the indication.

  • 2014, c. 32, s. 43
  • 2017, c. 6, s. 72
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