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 trademark for such goods — a trademark that is identical to, or that cannot be distinguished in its essential aspects from, that registered trademark.

• Marginal note:Exception

  (2) Subsection (1) does not apply if

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

  • (b) the sale or distribution of the goods or, in the case where the trademark 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.

  • (d) [Repealed, 2020, c. 1, s. 109]

• Marginal note:Wine or spirits

  (2.1) Wine or spirits shall not be imported or exported if they, or their labels or packaging, bear a protected geographical indication and the wine or spirits

  • (a) do not originate in the territory indicated by the indication; or

  • (b) do originate in the territory indicated by the indication but were not produced or manufactured in accordance with the law applicable to that territory.

• Marginal note:Agricultural products or food

  (2.2) An agricultural product or food of a category set out in the schedule shall not be imported or exported if it, or its label or packaging, bears a protected geographical indication and the agricultural product or food

  • (a) does not originate in the territory indicated by the indication; or

  • (b) does originate in the territory indicated by the indication, but was not produced or manufactured in accordance with the law applicable to that territory.

• Marginal note:Exception

  (2.3) Subsections (2.1) and (2.2) do not apply if

  • (a) the sale or distribution of the wine or spirit or the agricultural product or food — or, if the label or packaging of that wine, spirit or agricultural product or food bears a protected geographical indication and the sale or distribution of that wine, spirit or agricultural product or food in association with that label or packaging — would not be contrary to this Act;

  • (b) the wine or spirit or the agricultural product or food is imported or exported by an individual in their possession or baggage and the circumstances, including the number of such goods, indicate that they are intended only for the individual’s personal use.

  • (c) [Repealed, 2020, c. 1, s. 109]

• Marginal note:Customs transit or transhipment control

  (2.4) For the purposes of subsections (1), (2.1) and (2.2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release.

• Marginal note:Restriction

  (3) The contravention of subsection (1), (2.1) or (2.2) does not give rise to a remedy under section 53.2.