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Uncategorized January 17, 2021

trade marks act canada

(3) For greater certainty, the Registrar is not required to enter those translations on the list. (5.1) The objector and the responsible authority shall, in the prescribed manner and within the prescribed time, serve on each other any evidence and written representations that they submit to the Registrar. Marginal note:Renewal for goods or services. (a) respecting the form of the register to be kept under this Act, and of the entries to be made in it; (b) respecting applications to the Registrar and the processing of those applications; (c) respecting the manner in which the goods or services referred to in paragraph 30(2)(a) are to be described; (d) respecting the merger of registrations under paragraph 41(1)(f), including, for the purpose of renewal under section 46, the deemed day of registration or last renewal; (e) respecting the recording or registration of transfers, licences, disclaimers, judgments or other documents relating to any trademark; (f) respecting the maintenance of the list of trademark agents and the entry and removal of the names of persons and firms on the list, including the qualifications that must be met and the conditions that must be fulfilled to have a name entered on the list and to maintain the name on the list; (g) respecting certificates of registration; (h) respecting the procedure by and form in which an application may be made to the Minister, as defined in section 11.11, requesting the Minister to publish a statement referred to in subsection 11.12(2); (i) respecting proceedings under sections 38 and 45, including documents relating to those proceedings; (j) respecting the payment of fees to the Registrar, the amount of those fees and the circumstances in which any fees previously paid may be refunded in whole or in part; (j.1) authorizing the Registrar to waive, subject to any prescribed terms and conditions, the payment of a fee if the Registrar is satisfied that the circumstances justify it; (k) respecting the provision of documents and information to the Registrar, including the time at which they are deemed to be received by the Registrar; (l) respecting communications between the Registrar and any other person; (m) respecting the grouping of goods or services according to the classes of the Nice Classification and the numbering of those classes; and. 6. (a) the inherent distinctiveness of the trademarks or trade names and the extent to which they have become known; (b) the length of time the trademarks or trade names have been in use; (c) the nature of the goods, services or business; (e) the degree of resemblance between the trademarks or trade names, including in appearance or sound or in the ideas suggested by them. (2) If the initial period or a renewal period expires and the prescribed renewal fee has not been paid, the Registrar shall send a notice to the registered owner stating that if the fee is not paid within the prescribed period, the registration will be expunged. (3) The proceedings on an appeal or application shall be heard and determined summarily on evidence adduced by affidavit unless the court otherwise directs, in which event it may order that any procedure permitted by its rules and practice be made available to the parties, including the introduction of oral evidence generally or in respect of one or more issues specified in the order. 11.19 (1) Sections 11.14 and 11.15 do not apply to the adoption or use of a trademark by a person if no proceedings are taken to enforce those sections in respect of that person’s use or adoption of the trademark within five years after use of the trademark by that person or that person’s predecessor-in-title has become generally known in Canada or the trademark has been registered by that person in Canada, unless it is established that that person or that person’s predecessor-in-title first used or adopted the trademark with knowledge that such use or adoption was contrary to section 11.14 or 11.15, as the case may be. Marginal note:Unaltered state — exportation, sale or distribution, 53.3 (1) A court is not permitted, in any proceeding under section 53.1 or 53.2, to make an order under that section requiring or permitting the goods to be exported, sold or distributed in an unaltered state, except in a manner that does not affect the legitimate interests of the owner of the registered trademark or except in exceptional circumstances, if the court finds that, (a) goods bearing the registered trademark have been imported into Canada in such a manner that the distribution of the goods in Canada would be contrary to this Act; and. 43 The registered owner of any trademark shall furnish such additional representations thereof as the Registrar may by notice demand and, if he fails to comply with that notice, the Registrar may by a further notice, fix a reasonable time after which, if the representations are not furnished, he may expunge the registration of the trademark. (2) For greater certainty, a regulation made under this Act applies to an application referred to in subsection (1), unless the regulation provides otherwise. (a) the validity of the protected mark that is the subject of the request for assistance; (b) the ownership of the protected mark; or. 51.08 After a sample or information has been provided under subsection 51.06(1), a customs officer may, in the officer’s discretion, give the owner, importer, exporter and consignee of the detained goods and the owner of the relevant protected mark an opportunity to inspect the goods. 11.19 (1) Sections 11.14 and 11.15 do not apply to the adoption or use of a trademark by a person if no proceedings are taken to enforce those sections in respect of that person’s use or adoption of the trademark within five years after use of the trademark by that person or that person’s predecessor-in-title has become generally known in Canada or the trademark has been registered by that person in Canada, unless it is established that that person or that person’s predecessor-in-title first used or adopted the trademark with knowledge that such use or adoption was contrary to section 11.14 or 11.15, as the case may be. Trademark agents — country other than Canada. (2) No person is entitled to institute under this section any proceeding calling into question any decision given by the Registrar of which that person had express notice and from which he had a right to appeal. (5) The owner of the protected mark shall inform the Minister in writing, as soon as feasible, of any changes to. (2) Every person commits an offence who manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any goods, for the purpose of their sale or of their distribution on a commercial scale, if that sale or distribution would be contrary to section 19 or 20 and the person knows that, (a) the goods bear a trademark that is identical to, or that cannot be distinguished in its essential aspects from, a trademark registered for such goods; and. 53 (1) Where a court is satisfied, on application of any interested person, that any registered trademark, any trademark that is confusing with a registered trademark or any trade name has been applied to any goods that have been imported into Canada or are about to be distributed in Canada in such a manner that the distribution of the goods would be contrary to this Act, or that any indication of a place of origin has been unlawfully applied to any goods, the court may make an order for the interim custody of the goods, pending a final determination of the legality of their importation or distribution in an action commenced within such time as is prescribed by the order. 10 If any sign or combination of signs has by ordinary and bona fide commercial usage become recognized in Canada as designating the kind, quality, quantity, destination, value, place of origin or date of production of any goods or services, no person shall adopt it as a trademark in association with the goods or services or others of the same general class or use it in a way likely to mislead, nor shall any person so adopt or so use any sign or combination of signs so nearly resembling that sign or combination as to be likely to be mistaken for it. (a) the filing date of the application in Canada is within a period of six months after the date on which the earliest application was filed in or for any country of the Union for the registration of the same or substantially the same trademark in association with the same kind of goods or services; (b) the applicant files a request for priority in the prescribed time and manner and informs the Registrar of the filing date and country or office of filing of the application on which the request is based; (c) the applicant, at the filing date of the application in Canada, is a citizen or national of or domiciled in a country of the Union or has a real and effective industrial or commercial establishment in a country of the Union; and. Marginal note:Restriction on information use — section 51.05. (3) Where, by reason of the evidence furnished to the Registrar or the failure to furnish any evidence, it appears to the Registrar that a trademark, either with respect to all of the goods or services specified in the registration or with respect to any of those goods or services, was not used in Canada at any time during the three year period immediately preceding the date of the notice and that the absence of use has not been due to special circumstances that excuse the absence of use, the registration of the trademark is liable to be expunged or amended accordingly. 114 In sections 115 and 116, Act means the Trademarks Act. 51.08 After a sample or information has been provided under subsection 51.06(1), a customs officer may, in the officer’s discretion, give the owner, importer, exporter and consignee of the detained goods and the owner of the relevant protected mark an opportunity to inspect the goods. (5) The Registrar may, within six months after the day on which an indication or a translation of an indication is entered on the list, correct any error in that entry that is obvious from the documents relating to the indication or the translation in question that are, at the time that the entry is made, on file in the Registrar’s office. You can use it to indicate that something is a trademark, but the Canadian Trade-marks Act does not regulate use of this symbol. Marginal note:Registrar to transmit documents. Marginal note:Provision of information to pursue remedy, 51.06 (1) A customs officer who is detaining goods under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the goods is prohibited under section 51.03 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to a relevant protected mark filed by its owner, provide that owner with a sample of the goods and with information about the goods that could assist them in pursuing a remedy under this Act, such as. (3) Where the information required by subsection (1) is not furnished, the Registrar shall by a further notice fix a reasonable time after which, if the information is not furnished, he may expunge the registration of the trademark. (2) The request for assistance shall include the name and address in Canada of the owner of the protected mark and any other information that is required by the Minister, including information about the trademark and the goods for which it is registered or, in the case of a geographical indication, the goods identified by the indication. (2) No person is entitled to institute under this section any proceeding calling into question any decision given by the Registrar of which that person had express notice and from which he had a right to appeal. (b) the label or packaging is intended to be associated with goods or services for which that registered trademark is registered; (5.1) In a prosecution for an offence under any of subsections (1) to (5), it is not necessary for the prosecutor to prove that the accused knew that the trademark was registered. (5) A registered owner is not permitted to apply under section 47 for an extension of the prescribed period until that period has expired, and the Registrar is not permitted to extend the period by more than seven days. (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. Short title INTERPRETATION 2. (4) Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, if, (a) a qualifying term such as “kind”, “type”, “style” or “imitation” is used in connection with the indication or the translation; and. (2) A divisional application shall indicate that it is a divisional application and shall, in the prescribed manner, identify the corresponding original application. (2) For greater certainty, a regulation made under this Act applies to an application referred to in subsection (1), unless the regulation provides otherwise. and it has become well known in Canada by reason of the distribution or advertising. (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. (2) A person who makes a request to the Registrar relating to a judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada in a proceeding to which they were a party shall, at the request of the Registrar, send a copy of that judgment or order to the Registrar. (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. (5) For the purposes of this section, an individual whose name is included on the list of trademark agents or an individual who is authorized to act as a trademark agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf. 361(E), 362(E), c. 32, s. 56(F), 2014, c. 20, ss. Marginal note:Action by unincorporated body. 55 The Federal Court has jurisdiction to entertain any action or proceeding, other than a proceeding under section 51.01, for the enforcement of any of the provisions of this Act or of any right or remedy conferred or defined by this Act. (a) the proceedings are finally disposed of, settled or abandoned; (b) a court directs that the goods are no longer to be detained for the purpose of the proceedings; or. (4) The Registrar shall remove an indication or any translation of an indication from the list, (a) on the publication of a statement by the Minister on the website of the Canadian Intellectual Property Office specifying that the indication or the translation is to be removed; or. (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. Marginal note:Entitlement to registration, 16 (1) Any applicant who has filed an application in accordance with subsection 30(2) for the registration of a registrable trademark is entitled, subject to section 38, to secure its registration in respect of the goods or services specified in the application, unless at the filing date of the application or the date of first use of the trademark in Canada, whichever is earlier, it was confusing with. (3) For the purposes of subsection (2), the statement by the Minister must set out all of the following information: (a) that the Minister proposes that the indication and, if applicable, a translation of the indication, in the case of an indication that identifies an agricultural product or food, be entered on the list; (b) in the case of an indication that identifies a wine or spirit, that the indication identifies a wine or that the indication identifies a spirit; (b.1) in the case of an indication that identifies an agricultural product or food, the common name of the agricultural product or food and the category set out in the schedule to which it belongs; (c) the territory, or the region or locality of a territory, in which the wine or spirit or the agricultural product or food is identified as originating; (d) the name of the responsible authority in relation to the wine or spirit or the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself; (e) the quality, reputation or other characteristic of the wine or spirit or the agricultural product or food that, in the Minister’s opinion, qualifies that indication as a geographical indication; (f) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, the indication is protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, as well as particulars of the protection. (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. 29.1 Despite subsection 29(1), the Registrar may destroy. (b) the working conditions under which the goods are produced or the services performed, (c) the class of persons by whom the goods are produced or the services performed, or, (d) the area within which the goods are produced or the services performed; (marque de certification), confusing, when applied as an adjective to a trademark or trade name, means, except in sections 11.13 and 11.21, a trademark or trade name the use of which would cause confusion in the manner and circumstances described in section 6; (créant de la confusion), Convention means the Convention of the Union of Paris made on March 20, 1883 and any amendments and revisions thereof made before or after July 1, 1954 to which Canada is party; (Convention), (a) the country of the Union in which the applicant for registration of a trademark had at the date of the application a real and effective industrial or commercial establishment, or, (b) if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a), the country of the Union where he on that date had his domicile, or, (c) if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a) or a domicile as described in paragraph (b), the country of the Union of which he was on that date a citizen or national; (pays d’origine), (a) any country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or, (b) any WTO Member; (pays de l’Union), 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; (distinctive), distinguishing guise[Repealed, 2014, c. 20, s. 319], geographical indication means an indication that identifies a wine or spirit, or an agricultural product or food of a category set out in the schedule, as originating in the territory of a WTO Member, or a region or locality of that territory, if a quality, reputation or other characteristic of the wine or spirit or the agricultural product or food is essentially attributable to its geographical origin; (indication géographique), 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; (classification de Nice), owner, in relation to a certification mark, means the person by whom the defined standard has been established; (propriétaire), person includes any lawful trade union and any lawful association engaged in trade or business or the promotion thereof, and the administrative authority of any country, state, province, municipality or other organized administrative area; (personne), person interested includes any person who is affected or reasonably apprehends that he may be affected by any entry in the register, or by any act or omission or contemplated act or omission under or contrary to this Act, and includes the Attorney General of Canada; (personne intéressée), prescribed means prescribed by or under the regulations; (prescrit), proposed trade-mark[Repealed, 2014, c. 20, s. 319], protected geographical indication means a geographical indication that is on the list kept pursuant to subsection 11.12(1); (indication géographique protégée), register means the register kept under section 26; (registre), registered trademark means a trademark that is on the register; (marque de commerce déposée), registered user[Repealed, 1993, c. 15, s. 57], Registrar means the Registrar of Trademarks who is described in subsection 63(1); (registraire), related companies means companies that are members of a group of two or more companies one of which, directly or indirectly, owns or controls a majority of the issued voting stock of the others; (compagnies connexes), release has the same meaning as in subsection 2(1) of the Customs Act; (dédouanement), representative for service[Repealed, 2014, c. 20, s. 319], sign includes a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign; (signe), (a) a sign or combination of signs that is used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others, or, (b) a certification mark; (marque de commerce), trade name means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; (nom commercial), use, in relation to a trademark, means any use that by section 4 is deemed to be a use in association with goods or services; (emploi ou usage), WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act; (Accord sur l’OMC), WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. (membre de l’OMC). Section 20 provides that no unapproved person may sell, distribute, or advertise wares or services in association with a confusing trademark or trade name and section 22 further prohibits a non-owner from using a … (4) A communication between an individual who is authorized to act as a trademark agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between an individual whose name is included on the list of trademark agents and that individual’s client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c). (3) The right of an applicant to secure registration of a registrable trademark is not affected by the previous use or making known of a confusing trademark or trade name by another person, if the confusing trademark or trade name was abandoned on the day on which the applicant’s application is advertised under subsection 37(1). (7) Proceedings by way of summary conviction for an offence under this section may be instituted no later than two years after the day on which the subject-matter of the proceedings arose. 25 A certification mark that is descriptive of the place of origin of goods or services, and not confusing with any registered trademark, is registrable if the applicant is the administrative authority of a country, state, province or municipality that includes or forms part of the area indicated by the certification mark, or is a commercial association that has an office or representative in that area, but the owner of any certification mark registered under this section shall permit its use in association with any goods or services produced or performed in the area of which it is descriptive. 11.12 (1) There shall be kept under the supervision of the Registrar a list of geographical indications and, in the case of geographical indications identifying an agricultural product or food, translations of those indications. (3) A trademark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it is distinctive at the filing date of an application for its registration, determined without taking into account subsection 34(1), having regard to all the circumstances of the case including the length of time during which it has been used. (2) The register shall show, with reference to each registered trademark, the following: (b) a summary of the application for registration; (c) a summary of all documents deposited with the application or subsequently thereto and affecting the rights to the trademark; (e) particulars of each change of name and address; (e.1) the names of the goods or services in respect of which the trademark is registered, grouped according to the classes of the Nice Classification, each group being preceded by the number of the class of the Nice Classification to which that group of goods or services belongs and presented in the order of the classes of the Nice Classification; and. After the day on which the application to be prescribed: applications trademarks. ) shall trade marks act canada deemed to be the original application’s filing date is deemed to be a design mark the... Act relating to trademarks and Unfair Competition and PROHIBITED MARKS 7 330, 361 ( E ), 20... 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