Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)

Assented to 2014-06-19

 The Act is amended by adding the following after section 65:

Marginal note:Regulations  — Madrid Protocol and Singapore Treaty

65.1 The Governor in Council may make regulations for carrying into effect

  • (a) despite anything in this Act, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989, including any amendments, modifications and revisions made from time to time to which Canada is a party; and

  • (b) the Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006, including any amendments and revisions made from time to time to which Canada is a party.

Marginal note:1993, c. 15, s. 71

 Section 69 of the Act and the heading before it are replaced by the following:

TRANSITIONAL PROVISIONS

Marginal note:Application not advertised

69. An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with

  • (a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and

  • (b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force.

Marginal note:Application advertised
  • 70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with

    • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39 and 40; and

    • (b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.

  • Marginal note:Regulations

    (2) For greater certainty, a regulation made under section 65, as enacted by section 357 of the Economic Action Plan 2014 Act, No. 1, applies to an application referred to in subsection (1), unless the regulation provides otherwise.

  • Marginal note:Nice Classification

    (3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1.

  • Marginal note:Disagreement

    (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.

Marginal note:Declaration of use

71. For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration.

Marginal note:Registered trademarks  — applications filed before coming into force

72. Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.

Marginal note:Registered trademarks
  • 73. (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.

  • Marginal note:Application of paragraph 26(2)(e.1)

    (2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1.

  • Marginal note:Amending register

    (3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1.

  • Marginal note:Subsection 46(1)

    (4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed.

Marginal note:Replacement of “wares”

 The Act is amended by replacing “wares”, wherever it occurs, with “goods”.

Marginal note:Replacement of “trade-mark”

 The English version of the Act is amended by replacing “trade-mark”, “trade-marks”, “Trade-mark” and “Trade-marks” with “trademark”, “trademarks”, “Trademark” and “Trademarks”, respectively.

Marginal note:Replacement of “trade-name”

 The English version of the Act is amended by replacing “trade-name”, wherever it occurs, with “trade name”.

Marginal note:Replacement of “utiliser”, etc.

 The French version of the Act is amended by replacing “utiliser”, “utilisé”, “utilisée” and “utilisation” with “employer”, “employé”, “employée” and “emploi”, respectively, with any grammatical changes that the circumstances require, in the following provisions:

  • (a) the portion of paragraph 7(d) before subparagraph (i);

  • (b) paragraph 9(1)(f);

  • (c) section 11.1;

  • (d) the portion of subsection 11.14(2) before paragraph (a);

  • (e) the portion of subsection 11.15(2) before paragraph (a);

  • (f) subsections 11.16(1) and (2);

  • (g) the portion of subsection 11.17(1) before paragraph (a);

  • (h) subsections 11.18(1) to (4);

  • (i) subsection 11.19(1);

  • (j) the portion of section 11.2 before paragraph (a);

  • (k) subsection 17(2); and

  • (l) paragraph 20(1)(a) and subsection 20(2).

Consequential Amendments

2007, c. 25Olympic and Paralympic Marks Act

 Paragraphs 5(1)(a) and (b) of the Olympic and Paralympic Marks Act are replaced by the following:

  • (a) of any offending goods, packaging, labels and advertising material; and

  • (b) of any equipment used to apply to those goods, packaging, labels or advertising material a mark whose adoption or use is prohibited under section 3.

Marginal note:Replacement of “wares”

 The Act is amended by replacing “wares”, wherever it occurs, with “goods”.

Terminology

Marginal note:Replacement of “trade-mark” in other Acts
  •  (1) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks” are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any Act of Parliament, other than this Act and the Trademarks Act.

  • Marginal note:Bills before Parliament

    (2) Subsection (1) also applies to the provisions of any bill introduced in the 2nd session of the 41st Parliament that receives royal assent.

  • Marginal note:Replacement of “trade-mark” in regulations

    (3) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks”, are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any regulation, as defined in subsection 2(1) of the Statutory Instruments Act.

Coordinating Amendments

Marginal note:Bill C-8
  •  (1) Subsections (2) to (103) apply if Bill C-8, introduced in the 2nd session of the 41st Parliament and entitled the Combating Counterfeit Products Act (in this section referred to as the “other Act”), receives royal assent.

  • (2) If subsection 319(1) of this Act comes into force before subsection 7(2) of the other Act, then that subsection 7(2) is repealed.

  • (3) If subsection 7(2) of the other Act comes into force before subsection 319(1) of this Act, then that subsection 319(1) is repealed.

  • (4) If subsection 319(1) of this Act comes into force on the same day as subsection 7(2) of the other Act, then that subsection 319(1) is deemed to have come into force before that subsection 7(2) and subsection (2) applies as a consequence.

  • (5) If subsection 7(1) of the other Act comes into force before subsection 319(3) of this Act, then that subsection 319(3) is repealed.

  • (6) If subsection 319(3) of this Act comes into force before subsection 7(1) of the other Act, then

    • (a) that subsection 7(1) is deemed never to have come into force and is repealed; and

    • (b) the definition “package” in section 2 of the Trademarks Act is repealed.

  • (7) If subsection 7(1) of the other Act comes into force on the same day as subsection 319(3) of this Act, then that subsection 319(3) is deemed to have come into force before that subsection 7(1) and subsection (6) applies as a consequence.

  • (8) If subsection 319(4) of this Act comes into force before subsection 7(3) of the other Act, then that subsection 7(3) is replaced by the following:

    • (3) The definition “distinctive” in section 2 of the Act is replaced by the following:

      “distinctive”

      « distinctive »

      “distinctive”, in relation to a trademark, describes a trademark that actually distinguishes the goods or services in association with which it is used by its owner from the goods or services of others or that is adapted so to distinguish them;

  • (9) If subsection 319(4) of this Act comes into force on the same day as subsection 7(3) of the other Act, then that subsection 319(4) is deemed to have come into force before that subsection 7(3) and subsection (8) applies as a consequence.

  • (10) If subsection 319(4) of this Act comes into force before subsection 7(4) of the other Act, then that subsection 7(4) is deemed never to have come into force and is repealed.

  • (11) If subsection 319(4) of this Act comes into force on the same day as subsection 7(4) of the other Act, then that subsection 319(4) is deemed to have come into force before that subsection 7(4) and subsection (10) applies as a consequence.

  • (12) If subsection 319(5) of this Act comes into force before subsection 7(5) of the other Act, then that subsection 7(5) is repealed.

  • (13) If subsection 7(5) of the other Act comes into force before subsection 319(5) of this Act, then

    • (a) on the day on which that subsection 319(5) comes into force, the definition “proposed certification mark” in section 2 of the Trademarks Act is repealed; and

    • (b) that subsection 319(5) is replaced by the following:

      • (5) Section 2 of the Act is amended by adding the following in alphabetical order:

        “Nice Classification”

        « classification de Nice »

        “Nice Classification” means the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, signed at Nice on June 15, 1957, including any amendments, modifications and revisions made from time to time to which Canada is a party;

  • (14) If subsection 319(5) of this Act comes into force on the same day as subsection 7(5) of the other Act, then that subsection 319(5) is deemed to have come into force before that subsection 7(5) and subsection (12) applies as a consequence.

  • (15) If subsection 326(4) of this Act comes into force before subsection 15(4) of the other Act, then that subsection 15(4) is repealed.

  • (16) If subsection 15(4) of the other Act comes into force before subsection 326(4) of this Act, then that subsection 326(4) is repealed.

  • (17) If subsection 326(4) of this Act comes into force on the same day as subsection 15(4) of the other Act, then that subsection 326(4) is deemed to have come into force before that subsection 15(4), and subsection (15) applies as a consequence.

  • (18) If section 327 of this Act comes into force before section 16 of the other Act, then that section 16 is repealed.

  • (19) If section 16 of the other Act comes into force before section 327 of this Act, then that section 327 is repealed.

  • (20) If section 327 of this Act comes into force on the same day as section 16 of the other Act, then that section 327 is deemed to have come into force before that section 16 and subsection (18) applies as a consequence.

  • (21) If section 328 of this Act comes into force before section 17 of the other Act, then that section 17 is repealed.

  • (22) If section 328 of this Act comes into force on the same day as section 17 of the other Act, then that section 17 is deemed to have come into force before that section 328.

  • (23) If subsection 330(2) of this Act comes into force before section 18 of the other Act, then that section 18 is repealed.

  • (24) If subsection 330(2) of this Act comes into force on the same day as section 18 of the other Act, then that section 18 is deemed to have come into force before that subsection 330(2).

  • (25) If subsection 330(2) of this Act comes into force before paragraph 55(a) of the other Act, then that paragraph 55(a) is repealed.

  • (26) If subsection 330(2) of this Act comes into force on the same day as paragraph 55(a) of the other Act, then that paragraph 55(a) is deemed to have come into force before that subsection 330(2).

  • (27) If section 331 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

  • (28) If section 20 of the other Act comes into force before section 331 of this Act, then that section 331 is replaced by the following:

    331. The English version of section 18.1 of the Act is replaced by the following:

    Marginal note:Not to limit art or industry

    18.1 The registration of a trademark may be expunged by the Federal Court on the application of any person interested if the Court decides that the registration is likely to unreasonably limit the development of any art or industry.

  • (29) If section 331 of this Act comes into force on the same day as section 20 of the other Act, then that section 331 is deemed to have come into force before that section 20 and subsection (27) applies as a consequence.

  • (30) If section 22 of the other Act comes into force before section 332 of this Act, then that section 332 is repealed.

  • (31) If section 332 of this Act comes into force before section 22 of the other Act, then

    • (a) that section 22 is deemed never to have come into force and is repealed; and

    • (b) subsections 20(1) and (1.1) of the Trademarks Act are replaced by the following:

      Marginal note:Infringement
      • 20. (1) The right of the owner of a registered trademark to its exclusive use is deemed to be infringed by any person who is not entitled to its use under this Act and who

        • (a) sells, distributes or advertises any goods or services in association with a confusing trademark or trade name;

        • (b) manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any goods in association with a confusing trademark or trade name, for the purpose of their sale or distribution;

        • (c) sells, offers for sale or distributes any label or packaging, in any form, bearing a trademark or trade name, if

          • (i) the person knows or ought to know that the label or packaging is intended to be associated with goods or services that are not those of the owner of the registered trademark, and

          • (ii) the sale, distribution or advertisement of the goods or services in association with the label or packaging would be a sale, distribution or advertisement in association with a confusing trademark or trade name; or

        • (d) manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any label or packaging, in any form, bearing a trademark or trade name, for the purpose of its sale or distribution or for the purpose of the sale, distribution or advertisement of goods or services in association with it, if

          • (i) the person knows or ought to know that the label or packaging is intended to be associated with goods or services that are not those of the owner of the registered trademark, and

          • (ii) the sale, distribution or advertisement of the goods or services in association with the label or packaging would be a sale, distribution or advertisement in association with a confusing trademark or trade name.

      • Marginal note:Exception  — bona fide use

        (1.1) The registration of a trademark does not prevent a person from making, in a manner that is not likely to have the effect of depreciating the value of the goodwill attaching to the trademark,

        • (a) any bona fide use of his or her personal name as a trade name; or

        • (b) any bona fide use, other than as a trademark, of the geographical name of his or her place of business or of any accurate description of the character or quality of his or her goods or services.

      • Marginal note:Exception  — utilitarian feature

        (1.2) The registration of a trademark does not prevent a person from using any utilitarian feature embodied in the trademark.

  • (32) If section 332 of this Act comes into force on the same day as section 22 of the other Act, then that section 22 is deemed to have come into force before that section 332 and subsection (30) applies as a consequence.

  • (33) If section 333 of this Act comes into force before paragraph 55(b) of the other Act, then that paragraph 55(b) is repealed.

  • (34) If paragraph 55(b) of the other Act comes into force before section 333 of this Act, then that section 333 is repealed.

  • (35) If section 333 of this Act comes into force on the same day as paragraph 55(b) of the other Act, then that paragraph 55(b) is deemed to have come into force before that section 333 and subsection (34) applies as a consequence.

  • (36) If section 338 of this Act comes into force before section 28 of the other Act, then that section 28 is replaced by the following:

    28. Section 29 of the Act is replaced by the following:

    Marginal note:Available to public
    • 29. (1) The following shall be made available to the public at the times and in the manner established by the Registrar:

      • (a) the register;

      • (b) all applications for the registration of a trademark, including those abandoned;

      • (c) the list of trademark agents;

      • (d) the list of geographical indications kept under subsection 11.12(1);

      • (e) all requests made under paragraph 9(1)(n); and

      • (f) all documents filed with the Registrar relating to a registered trademark, an application for the registration of a trademark, a request under paragraph 9(1)(n) and objection proceedings under section 11.13.

    • Marginal note:Certified copies

      (2) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry in the register or lists, or of any of those applications, requests or documents.

    Marginal note:Destruction of records

    29.1 Despite subsection 29(1), the Registrar may destroy

    • (a) an application for the registration of a trademark that is refused and any document relating to the application, at any time after six years after the day on which the application is refused or, if an appeal is taken, on which final judgment in the appeal upholding the refusal is given;

    • (b) an application for the registration of a trademark that is abandoned and any document relating to the application, at any time after six years after the day on which the application is abandoned;

    • (c) a document relating to an expunged registration of a trademark, at any time after six years after the day on which the registration is expunged;

    • (d) a request under paragraph 9(1)(n) and any document relating to it, at any time after six years after

      • (i) the day on which the request is abandoned,

      • (ii) the day on which the request is refused or, if an appeal is taken, on which final judgment in the appeal upholding the refusal is given, or

      • (iii) the day on which a court declares that the badge, crest, emblem or mark in question is invalid or, if an appeal is taken, on which final judgment in the appeal upholding the declaration is given;

    • (e) a document relating to objection proceedings under section 11.13 with respect to a geographical indication that is removed from the list of geographical indications under subsection 11.12(4), at any time after six years after the day on which it is removed; and

    • (f) a document relating to objection proceedings under section 11.13 with respect to which a decision is made that the indication is not a geographical indication, at any time after six years after the day on which the decision is made or, if an appeal is taken, on which final judgment in the appeal upholding the decision is given.

  • (37) If section 338 of this Act comes into force on the same day as section 28 of the other Act, then that section 28 is deemed to have come into force before that section 338.

  • (38) If section 339 of this Act comes into force before subsection 29(1) of the other Act, then that subsection 29(1) is repealed.

  • (39) If section 339 of this Act comes into force on the same day as subsection 29(1) of the other Act, then that subsection 29(1) is deemed to have come into force before that section 339.

  • (40) If section 339 of this Act comes into force before subsection 29(2) of the other Act, then that subsection 29(2) is repealed.

  • (41) If section 339 of this Act comes into force on the same day as subsection 29(2) of the other Act, then that subsection 29(2) is deemed to have come into force before that section 339.

  • (42) If section 339 of this Act comes into force before subsection 29(3) of the other Act, then that subsection 29(3) is repealed.

  • (43) If section 339 of this Act comes into force on the same day as subsection 29(3) of the other Act, then that subsection 29(3) is deemed to have come into force before that section 339.

  • (44) If section 339 of this Act comes into force before subsection 29(4) of the other Act, then that subsection 29(4) is repealed.

  • (45) If section 339 of this Act comes into force on the same day as subsection 29(4) of the other Act, then that subsection 29(4) is deemed to have come into force before that section 339.

  • (46) If section 339 of this Act comes into force before section 30 of the other Act, then that section 30 is repealed.

  • (47) If section 339 of this Act comes into force on the same day as section 30 of the other Act, then that section 339 is deemed to have come into force before that section 30, and subsection (46) applies as a consequence.

  • (48) If section 339 of this Act comes into force before section 31 of the other Act, then that section 31 is repealed.

  • (49) If section 339 of this Act comes into force on the same day as section 31 of the other Act, then that section 31 is deemed to have come into force before that section 339.

  • (50) If subsection 340(3) of this Act comes into force before subsection 33(2) of the other Act, then that subsection 33(2) is repealed.

  • (51) If subsection 33(2) of the other Act comes into force before subsection 340(3) of this Act, then that subsection 340(3) is replaced by the following:

    • (3) Subsection 34(5) of the French version of the Act is replaced by the following:

      • Marginal note:Prolongation

        (5) Le requérant ne peut demander la prolongation, au titre de l’article 47, de la période de six mois prévue à l’alinéa (1)a) qu’après l’expiration de celle-ci. Le registraire ne peut la prolonger que d’au plus sept jours.

  • (52) If subsection 340(3) of this Act comes into force on the same day as subsection 33(2) of the other Act, than that subsection 340(3) is deemed to have come into force before that subsection 33(2), and subsection (50) applies as a consequence.

  • (53) If subsection 342(2) of this Act comes into force before section 34 of the other Act, then that section 34 is repealed.

  • (54) If section 34 of the other Act comes into force before subsection 342(2) of this Act, then that subsection 342(2) is repealed.

  • (55) If subsection 342(2) of this Act comes into force on the same day as section 34 of the other Act, then that subsection 342(2) is deemed to have come into force before that section 34, and subsection (53) applies as a consequence.

  • (56) If subsection 343(3) of this Act comes into force before section 35 of the other Act, then that section 35 is repealed.

  • (57) If section 35 of the other Act comes into force before subsection 343(3) of this Act, then that subsection 343(3) is repealed.

  • (58) If subsection 343(3) of this Act comes into force on the same day as section 35 of the other Act, then that subsection 343(3) is deemed to have come into force before that section 35 and subsection (56) applies as a consequence.

  • (59) If section 344 of this Act comes into force before section 36 of the other Act, then that section 36 is repealed.

  • (60) If section 36 of the other Act comes into force before section 344 of this Act, then that section 344 is replaced by the following:

    344. Sections 39 and 39.1 of the Act are replaced by the following:

    Marginal note:Divisional application
    • 39. (1) After having filed an application for the registration of a trademark, an applicant may limit the original application to one or more of the goods or services that were within its scope and file a divisional application for the registration of the same trademark in association with any other goods or services that were

      • (a) within the scope of the original application on its filing date; and

      • (b) within the scope of the original application as advertised, if the divisional application is filed on or after the day on which the application is advertised under subsection 37(1).

    • Marginal note:Identification

      (2) A divisional application shall indicate that it is a divisional application and shall, in the prescribed manner, identify the corresponding original application.

    • Marginal note:Separate application

      (3) A divisional application is a separate application, including with respect to the payment of any fees.

    • Marginal note:Filing date

      (4) A divisional application’s filing date is deemed to be the original application’s filing date.

    • Marginal note:Division of divisional application

      (5) A divisional application may itself be divided under subsection (1), in which case this section applies as if that divisional application were an original application.

  • (61) If section 344 of this Act comes into force on the same day as section 36 of the other Act, then that section 344 is deemed to have come into force before that section 36 and subsection (59) applies as a consequence.

  • (62) If section 345 of this Act comes into force before subsection 37(1) of the other Act, then that subsection 37(1) is repealed.

  • (63) If section 345 of this Act comes into force on the same day as subsection 37(1) of the other Act, then that subsection 37(1) is deemed to have come into force before that section 345.

  • (64) If section 345 of this Act comes into force before subsection 37(2) of the other Act, then that subsection 37(2) is deemed never to have come into force and is repealed.

  • (65) If section 345 of this Act comes into force on the same day as subsection 37(2) of the other Act, then that subsection 37(2) is deemed to have come into force before that section 345.

  • (66) If section 345 of this Act comes into force before subsection 37(3) of the other Act, then that subsection 37(3) is repealed.

  • (67) If section 345 of this Act comes into force on the same day as subsection 37(3) of the other Act, then that subsection 37(3) is deemed to have come into force before that section 345.

  • (68) If subsection 346(1) of this Act comes into force before subsection 38(1) of the other Act, then that subsection 38(1) is repealed.

  • (69) If subsection 346(1) of this Act comes into force on the same day as subsection 38(1) of the other Act, then that subsection 38(1) is deemed to have come into force before that subsection 346(1).

  • (70) If subsection 346(2) of this Act comes into force before subsection 38(2) of the other Act, then that subsection 38(2) is repealed.

  • (71) If subsection 38(2) of the other Act comes into force before subsection 346(2) of this Act, then that subsection 346(2) is replaced by the following:

    • (2) Paragraph 41(1)(f) of the Act is replaced by the following:

      • (f) subject to the regulations, merge registrations of the trademark that stem, under section 39, from the same original application.

  • (72) If subsection 346(2) of this Act comes into force on the same day as subsection 38(2) of the other Act, then that subsection 346(2) is deemed to have come into force before that subsection 38(2) and subsection (70) applies as a consequence.

  • (73) If subsection 346(3) of this Act comes into force before subsection 38(3) of the other Act, then that subsection 38(3) is repealed.

  • (74) If subsection 38(3) of the other Act comes into force before subsection 346(3) of this Act, then that subsection 346(3) is replaced by the following:

    • (3) Section 41 of the Act is amended by adding the following after subsection (3):

      • Marginal note:Removal of registration

        (4) The Registrar may, within three months after the registration of a trademark, remove the registration from the register if the Registrar registered the trademark without considering a previously filed request for an extension of time to file a statement of opposition.

  • (75) If subsection 346(3) of this Act comes into force on the same day as subsection 38(3) of the other Act, then that subsection 346(3) is deemed to have come into force before that subsection 38(3) and subsection (73) applies as a consequence.

  • (76) If section 349 of this Act comes into force before section 39 of the other Act, then that section 39 is repealed.

  • (77) If section 349 of this Act comes into force on the same day as section 39 of the other Act, then that section 39 is deemed to have come into force before that section 349.

  • (78) If section 352 of this Act comes into force before section 40 of the other Act, then that section 40 is repealed.

  • (79) If section 40 of the other Act comes into force before section 352 of this Act, then that section 352 is replaced by the following:

    352. Subsections 48(3) and (4) of the Act are replaced by the following:

    • Marginal note:Transfer of application

      (3) The Registrar shall, subject to the regulations, record the transfer of an application for the registration of a trademark on the request of the applicant or, on receipt of evidence satisfactory to the Registrar of the transfer, on the request of a transferee of the application.

    • Marginal note:Transfer of trademark

      (4) The Registrar shall, subject to the regulations, register the transfer of any registered trademark on the request of the registered owner or, on receipt of evidence satisfactory to the Registrar of the transfer, on the request of a transferee of the trademark.

    • Marginal note:Removal of recording or registration

      (5) The Registrar shall remove the recording or the registration of the transfer referred to in subsection (3) or (4) on receipt of evidence satisfactory to the Registrar that the transfer should not have been recorded or registered.

  • (80) If section 352 of this Act comes into force on the same day as section 40 of the other Act, then that section 352 is deemed to have come into force before that section 40 and subsection (78) applies as a consequence.

  • (81) If section 357 of this Act comes into force before subsection 50(1) of the other Act, then that subsection 50(1) is repealed.

  • (82) If section 357 of this Act comes into force on the same day as subsection 50(1) of the other Act, then that subsection 50(1) is deemed to have come into force before that section 357.

  • (83) If section 357 of this Act comes into force before subsection 50(2) of the other Act, then that subsection 50(2) is repealed.

  • (84) If section 357 of this Act comes into force on the same day as subsection 50(2) of the other Act, then that subsection 50(2) is deemed to have come into force before that section 357.

  • (85) If section 357 of this Act comes into force before subsection 50(3) of the other Act, then that subsection 50(3) is repealed.

  • (86) If section 357 of this Act comes into force on the same day as subsection 50(3) of the other Act, then that subsection 50(3) is deemed to have come into force before that section 357.

  • (87) In subsections (88) to (98), “royal assent day” means the day on which this Act receives royal assent.

  • (88) If neither section 51 nor 52 of the other Act is in force on royal assent day, then

    • (a) those sections 51 and 52 are repealed;

    • (b) this Act is amended by adding the following after section 358:

      358.1 Section 69 of the Act is replaced by the following:

      Marginal note:Disclosure of documents

      69. The disclosure of documents  —  on which entries in the register to be kept under paragraph 26(1)(b), as it read immediately before the day on which subsection 27(1) of the Combating Counterfeit Products Act comes into force, are based  —  is subject to subsection 50(6), as it read on June 8, 1993.

      358.2 Section 69 of the Act is repealed.

      358.3 The heading before section 69 of the Act is replaced by the following:

      TRANSITIONAL PROVISIONS

    • (c) section 359 of this Act is replaced by the following:

      359. The Act is amended by adding the following after section 69:

      Marginal note:Application not advertised

      69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with

      • (a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and

      • (b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force.

      Marginal note:Application advertised
      • 70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with

        • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39 and 40; and

        • (b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.

      • Marginal note:Regulations

        (2) For greater certainty, a regulation made under section 65, as enacted by section 357 of the Economic Action Plan 2014 Act, No. 1, applies to an application referred to in subsection (1), unless the regulation provides otherwise.

      • Marginal note:Nice Classification

        (3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1.

      • Marginal note:Disagreement

        (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.

      Marginal note:Declaration of use

      71. For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration.

      Marginal note:Registered trademarks  — applications filed before coming into force

      72. Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.

      Marginal note:Registered trademarks
      • 73. (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.

      • Marginal note:Application of paragraph 26(2)(e.1)

        (2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1.

      • Marginal note:Amending register

        (3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1.

      • Marginal note:Subsection 46(1)

        (4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed.

    • (d) section 368 of this Act is replaced by the following:

      Marginal note:Order in council
      • 368. (1) This Division, other than sections 358.1, 358.2 and 367, comes into force on a day to be fixed by order of the Governor in Council.

      • Marginal note:Order in council

        (2) Sections 358.1 and 358.2 come into force on a day or days to be fixed by order of the Governor in Council.

  • (89) If section 51 of the other Act comes into force on royal assent day, and that day is before the day on which section 52 of the other Act comes into force, then that section 51 is deemed never to have come into force and subsection (88) applies as a consequence.

  • (90) If section 52 of the other Act comes into force on royal assent day, and that day is before the day on which section 51 of the other Act comes into force, then that section 52 is deemed never to have come into force and subsection (88) applies as a consequence.

  • (91) If section 51 of the other Act comes into force before section 52 of the other Act, and those sections are both in force before royal assent day, then section 359 of this Act is replaced by the following:

    359. Sections 70 to 72 of the Act are replaced by the following:

    Marginal note:Application not advertised

    69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with

    • (a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and

    • (b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force.

    Marginal note:Application advertised
    • 70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with

      • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39 and 40; and

      • (b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.

    • Marginal note:Regulations

      (2) For greater certainty, a regulation made under section 65, as enacted by section 357 of the Economic Action Plan 2014 Act, No. 1, applies to an application referred to in subsection (1), unless the regulation provides otherwise.

    • Marginal note:Nice Classification

      (3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1.

    • Marginal note:Disagreement

      (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.

    Marginal note:Declaration of use

    71. For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration.

    Marginal note:Registered trademarks  — applications filed before coming into force

    72. Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accord­ance with the provisions of this Act.

    Marginal note:Registered trademarks
    • 73. (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.

    • Marginal note:Application of paragraph 26(2)(e.1)

      (2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1.

    • Marginal note:Amending register

      (3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1.

    • Marginal note:Subsection 46(1)

      (4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed.

  • (92) If sections 51 and 52 of the other Act come into force on the same day and that day is before royal assent day, then that section 51 is deemed to have come into force before that section 52, and subsection (91) applies as a consequence.

  • (93) If section 52 of the other Act comes into force on royal assent day, and that day is after the day on which section 51 of the other Act has come into force, then that section 52 is deemed to have come into force before royal assent day and subsection (91) applies as a consequence.

  • (94) If section 52 of the other Act comes into force before section 51 of the other Act, and those sections are both in force before royal assent day, then

    • (a) that section 51 is deemed never to have come into force and is repealed; and

    • (b) this Act is amended by adding the following after section 358:

      358.1 The Act is amended by adding the following after the heading “TRANSITIONAL PROVISION” after section 68:

      Marginal note:Disclosure of documents

      69. The disclosure of documents  —  on which entries in the register to be kept under paragraph 26(1)(b), as it read immediately before the day on which subsection 27(1) of the Combating Counterfeit Products Act comes into force, are based  —  is subject to subsection 50(6), as it read on June 8, 1993.

      358.2 Section 69 of the Act is repealed.

      358.3 The heading after section 68 of the Act is replaced by the following:

      TRANSITIONAL PROVISIONS

    • (c) section 359 of this Act is replaced by the following:

      359. The Act is amended by adding the following in numerical order:

      Marginal note:Application not advertised

      69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with

      • (a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and

      • (b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force.

      Marginal note:Application advertised
      • 70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with

        • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39 and 40; and

        • (b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.

      • Marginal note:Regulations

        (2) For greater certainty, a regulation made under section 65, as enacted by section 357 of the Economic Action Plan 2014 Act, No. 1, applies to an application referred to in subsection (1), unless the regulation provides otherwise.

      • Marginal note:Nice Classification

        (3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1.

      • Marginal note:Disagreement

        (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal.

      Marginal note:Declaration of use

      71. For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration.

      Marginal note:Registered trademarks  — applications filed before coming into force

      72. Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accord­ance with the provisions of this Act.

      Marginal note:Registered trademarks
      • 73. (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act.

      • Marginal note:Application of paragraph 26(2)(e.1)

        (2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1.

      • Marginal note:Amending register

        (3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1.

      • Marginal note:Subsection 46(1)

        (4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed.

    • (d) section 368 of this Act is replaced by the following:

      Marginal note:Order in council
      • 368. (1) This Division, other than sections 358.1, 358.2 and 367, comes into force on a day to be fixed by order of the Governor in Council.

      • Marginal note:Order in council

        (2) Sections 358.1 and 358.2 come into force on a day or days to be fixed by order of the Governor in Council.

  • (95) If section 51 of the other Act comes into force on royal assent day, and that day is after the day on which section 52 of the other Act has come into force, then

    • (a) that section 51 is deemed never to have come into force and is repealed; and

    • (b) this Act is amended in the manner set out in paragraphs (94)(b) to (d).

  • (96) If section 51 of the other Act comes into force before royal assent day, and section 52 of the other Act is not in force on royal assent day, then section 359 of this Act is replaced by the section 359 set out in subsection (91).

  • (97) If section 52 of the other Act comes into force before royal assent day, and section 51 of the other Act is not in force on royal assent day, then

    • (a) that section 51 is repealed; and

    • (b) this Act is amended in the manner set out in paragraphs (94)(b) to (d).

  • (98) If both sections 51 and 52 of the other Act come into force on royal assent day, then that section 51 is deemed to have come into force before that section 52, and that section 52 is deemed to have come into force before royal assent day, and subsection (91) applies as a consequence.

  • (99) On the first day on which both section 359 of this Act and section 28 of the other Act are in force, subsection 70(1) of the Trademarks Act is replaced by the following:

    Marginal note:Application advertised
    • 70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with

      • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28, 29 and 36, subsections 38(6) to (8) and sections 39 and 40; and

      • (b) the definition “Nice Classification” in section 2, subsections 6(2) to (4), sections 28 to 29.1 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1.

  • (100) If section 56 of the other Act comes into force before section 363 of this Act, then that section 363 is repealed.

  • (101) If section 363 of this Act comes into force before section 56 of the other Act, then that section 56 is repealed.

  • (102) If section 363 of this Act comes into force on the same day as section 56 of the other Act, then that section 56 is deemed to have come into force before that section 363 and subsection (100) applies as a consequence.

  • (103) If section 317 of this Act comes into force before any of the following provisions of the other Act, then any of the following provisions of the other Act that are not in force are repealed:

    • (a) section 8;

    • (b) section 9;

    • (c) section 12;

    • (d) section 13;

    • (e) subsection 15(1);

    • (f) subsection 15(3);

    • (g) subsection 24(1);

    • (h) subsection 24(2);

    • (i) section 32;

    • (j) subsection 33(1);

    • (k) section 41;

    • (l) section 47;

    • (m) section 49.

 
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