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Canada Cooperatives Regulations

Version of section 10 from 2019-06-17 to 2022-08-30:


 For the purpose of paragraph 23(a) of the Act, a cooperative name is prohibited if its use causes confusion with a trademark, official mark or trade-name, having regard to the circumstances, including

  • (a) the inherent distinctiveness of the whole or any element of the trademark, official mark or trade-name and the extent to which it has become known;

  • (b) the length of time that the trademark, official mark or trade-name has been in use;

  • (c) the nature of the goods, services or business with which the trademark, official mark or trade-name is associated;

  • (d) the nature of the trade with which the trademark, official mark or trade-name is associated;

  • (e) the degree of resemblance between the proposed cooperative name and the trademark, official mark or trade-name in appearance or sound or in the ideas suggested by them; and

  • (f) the geographical area in Canada in which the trade name or proposed cooperative name is likely to be used.

  • SOR/2010-72, s. 3
  • 2014, c. 20, s. 366(E)

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