Trademarks Act

Marginal note:When registration invalid

• 18 (1) The registration of a trademark is invalid if

  • (a) the trademark was not registrable at the date of registration;

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

  • (c) the trademark 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 trademark 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.