Trademark Act

16. Registration of marks used or made known in Canada / Marks registered and used abroad / Proposed marks / Where application for confusing mark pending / Previous use or making known.

VALIDITY AND EFFECT OF REGISTRATION

17. Effect of registration in relation to previous use, etc. / When registration incontestable.

18. When registration invalid / Exception.

19. Rights conferred by registration.

20. Infringement.

21. Concurrent use of confusing marks / Registration of order.

22. Depreciation of goodwill / Action in respect thereof.

CERTIFICATION MARKS

23. Registration of certification marks / Licence / Unauthorized use / Action by unincorporated body.

24. Registration of trade-mark confusing with certification mark.

25. Descriptive certification mark.

REGISTER OF TRADE-MARKS

26. Register / Information to be shown.

27. Register under Unfair Competition Act / Trade-marks registered before Unfair Competition Act / Trade-marks registered under Unfair Competition Act.

28. Indexes / List of trade-mark agents.

29. Inspection / Register of registered users.

APPLICATIONS FOR REGISTRATION OF TRADE-MARKS

30. Contents of application.

31. Applications based on registration abroad Evidence required in certain cases.

32. Further information in certain cases / Registration to be restricted.

33. Applications by trade unions, etc.

34. Date of application abroad deemed date of application in Canada / Evidence requests / How and when evidence must be furnished.

35. Disclaimer.

36. Abandonment.

37. When applications to be refused / Notice to applicant / Doubtful cases.

38. Statement of opposition / Grounds / Content / Frivolous opposition / Substantial issue / Counter statement / Evidence and hearing / Withdrawal of opposition / Abandonment of application / Decision.

39. When application to be allowed / No extension of time / Exception.

REGISTRATION OF TRADE-MARKS

40. Registration of trade-marks / Proposed trade-mark / Abandonment of application / Form and effect / Section 34 does not apply.

AMENDMENT OF THE REGISTER

41. Amendments to register / Conditions.

42. Representative for service / Change of address.

43. Additional representations.

44. Notice for information / Amendments to register / Failure to give information.

45. Registrar may request evidence of user / Form of evidence / Effect of non-user / Notice to owner / Action by Registrar.

RENEWAL OF REGISTRATIONS

46. Renewal / Notice to renew / Failure to renew / Effective date of renewal.

EXTENSIONS OF TIME

47. Extensions of time / Conditions.

TRANSFER

48. Trade-mark transferable / Where two or more persons interested / Registration of transfer.

CHANGE OF PURPOSE IN USE OF MARK

49. Change of purpose.

LICENCES

50. Licence to use trade-mark / Idem / Owner may be required to take proceedings.

51. Use of trade-mark by related companies / Where difference in composition / Definition of "pharmaceutical preparation".

LEGAL PROCEEDINGS

52. Definitions.

53. Proceedings for interim custody / Security / Lien for charges / Prohibition of imports / How application made / Limitation.

53.1 Proceedings for detention by Minister / How application made / Court may require security / Application for directions / Minister may allow inspection / Where applicant fails to commence an action / Where court finds in plaintiff's favour.

53.2 Power of court to grant relief.

53.3 Re-exportation of wares.

54. Evidence / Idem / Idem / Idem.

55. Jurisdiction of Federal Court.

56. Appeal / Procedure / Notice to owner / Public notice / Additional evidence.

57. Exclusive jurisdiction of Federal Court / Restriction.

58. How proceedings instituted.

59. Notice to set out grounds / Reply / Hearing.

60. Registrar to transmit documents / Register of registered users.

61. Judgments to be filed.