Trademarks Act

Marginal note:Further information in certain cases

• 32 (1) An applicant who claims that his trade-mark is registrable under subsection 12(2) or section 13 shall furnish the Registrar with evidence by way of affidavit or statutory declaration establishing the extent to which and the time during which the trade-mark has been used in Canada and with any other evidence that the Registrar may require in support of the claim.

• Marginal note:Registration to be restricted

  (2) The Registrar shall, having regard to the evidence adduced, restrict the registration to the goods or services in association with which the trade-mark is shown to have been so used as to have become distinctive and to the defined territorial area in Canada in which the trade-mark is shown to have become distinctive.