Chapter T-13

Trade-marks Act


SHORT TITLE

1. Short title.

INTERPRETATION

2. Definitions.
3. When deemed to be adopted.
4. When deemed to be used / Idem / Use by export.
5. When deemed to be made known.
6. When mark or name confusing / Idem / Idem / Idem / What to be considered.

UNFAIR COMPETITION AND PROHIBITED MARKS

7. Prohibitions.
8. Warranty of lawful use.
9. Prohibited marks / Excepted uses.
10. Further prohibitions.
10.1 Further prohibitions.
11. Further prohibitions.
11.1 Further prohibitions.

REGISTRABLE TRADE-MARKS

12. When trade-mark registrable / Idem.
13. When distinguishing guises registrable / Effect of registration / Not to limit art or industry.
14. Registration of marks registered abroad / Trade-marks regarded as registered abroad.
15. Registration of confusing marks / Record / Amendment.

PERSONS ENTITLED TO REGISTRATION OF TRADE-MARKS

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.

GENERAL

62. Administration.
63. Registrar / Acting registrar / Assistants / Appeal.
64. Publication of registrations.
65. Regulations.
66. Time limit deemed extended / When Trade-marks Office closed for business / Publication.

NEWFOUNDLAND

67. Registration of trade-mark before April 1, 1949 / Applications for trade-marks pending April 1, 1949.
68. Use of trade-mark or trade-name before April 1, 1949.

TRANSITIONAL PROVISION

69. Prior applications for registration.

RELATED PROVISION

1992, c.1, s.135(2): Transitional.

AMENDMENTS NOT IN FORCE

1994, c.47, ss. 190 to 201: Amendments.