Trademarks Act

Marginal note:When registration invalid

• 18 (1) The registration of a trade-mark is invalid if

  • (a) the trade-mark was not registrable at the date of registration;

  • (b) the trade-mark is not distinctive at the time proceedings bringing the validity of the registration into question are commenced;

  • (c) the trade-mark has been abandoned;

  • (d) subject to section 17, the applicant for registration was not the person entitled to secure the registration; or

  • (e) the application for registration was filed in bad faith.

• Marginal note:Exception

  (2) No registration of a trade-mark that had been so used in Canada by the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on the ground that evidence of the distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration.