GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Act — T-13 11.13
on has been served on the responsible authority, the responsible authority may file a counter statement with the Registrar and serve a copy on the objector in the prescribed manner, and if the responsible authority does not so file and serve a counter statement, the indication or the translation shall not be entered on the list kept under subsection 11.12(1). The counter statement need only state that the responsible authority intends to respond to the objection. Evidence and hearing (5) Both the objector and the responsible authority shall be given an opportunity, in the prescribed manner and within the prescribed time, to submit evidence and to make representations to the Registrar unless (a) the responsible authority does not file and serve a counter statement in accordance with subsection (4) or if, in the prescribed circumstances, the responsible authority does not submit evidence or a statement that the responsible authority does not wish to submit evidence; or (b) the objection is withdrawn or deemed under subsection (6) to have been withdrawn. Service (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. No evidence — objector (6) The objection is deemed to have been withdrawn if, in the prescribed circumstances, the objector does not submit and serve evidence or a statement that the objector does not wish to submit evidence. No evidence — responsible authority (6.1) The indication or the translation shall not be entered on the list if, in the prescribed circumstances, the responsible authority does not submit and serve evidence or a statement that the responsible authority does not wish to submit evidence. Withdrawal of objection (6.2) If, in the opinion of the Registrar, an objector is in default in the continuation of an objection, the Registrar may, after giving notice to the objector of the default, treat the objection as withdrawn unless the default is remedied within the time specified in the notice. Decision (7) After considering the evidence and representations of the objector and the responsible authority, the Registrar shall accept or reject the objection, in whole or in part, and notify the parties of the decision and the reasons for it. Effect of decision on translations (8) The Registrar shall not enter any translation of an indication on the list if the Registrar accepts the objection with respect to the indication or, if an appeal is taken, the objection is accepted in the final judgment given in the appeal. Costs (9) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section. Order of Federal Court (10) A certified copy of an order made under subsection (9) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E); 2017, c. 6, s. 62 2018, c. 27, s. 217
Trademarks Act — T-13 11.14
Prohibited adoption of indication for wines 11.14 (1) No person shall adopt in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication; or (b) a translation in any language of the geographical indication in respect of that wine. Prohibited use (2) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or (b) a translation in any language of the geographical indication in respect of that wine. Prohibited use (3) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a wine in respect of a wine that originates in the territory indicated by the protected geographical indication if that wine was not produced or manufactured in accordance with the law applicable to that territory; or (b) a translation in any language of the geographical indication in respect of that wine. Prohibited adoption of indication for spirits (4) No person shall adopt in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication; or (b) a translation in any language of the geographical indication in respect of that spirit. Prohibited use (5) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (4); or (b) a translation in any language of the geographical indication in respect of that spirit. Prohibited use (6) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a spirit in respect of a spirit that originates in the territory indicated by the protected geographical indication if that spirit was not produced or manufactured in accordance with the law applicable to that territory; or (b) a translation in any language of the geographical indication in respect of that spirit. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 63
Trademarks Act — T-13 11.15
Prohibited adoption of indication for agricultural products or food 11.15 (1) No person shall adopt in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication; or (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. Prohibited use (2) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. Prohibited use (3) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that originates in the territory indicated by the protected geographical indication if that agricultural product or food was not produced or manufactured in accordance with the law applicable to that territory; or (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 64
Trademarks Act — T-13 11.16
Exception when authorized 11.16 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, with the consent of the responsible authority. Exception for personal names (2) Sections 11.14 and 11.15 do not prevent a person from using, in the course of trade, the person’s name or the name of the person’s predecessor in title, except where the name is used in such a manner as to mislead the public. Exception for comparative advertising (3) Sections 11.14 and 11.15 do not prevent a person from using a protected geographical indication, or any translation of it in any language, in comparative advertising. Exception not applicable to labels or packaging (4) Subsection (3) does not apply to comparative advertising on labels or packaging. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 64
Trademarks Act — T-13 11.17
ule, for at least 10 years before October 18, 2013. Restriction (8) For the purposes of subsections (3) and (5) to (7), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both. 1994, c. 47, s. 192; 2001, c. 27, s. 271; 2014, c. 32, ss. 53(F), 56(F); 2017, c. 6, s. 64
Trademarks Act — T-13 11.19
Exception for failure to take proceedings 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. Proceedings after five years (2) In proceedings respecting a registered trademark commenced after the expiry of five years from the earlier of the date of registration of the trademark in Canada and the date on which use of the trademark by the person who filed the application for registration of the trademark or that person’s predecessor in title has become generally known in Canada, the registration must not be expunged or amended or held invalid on the basis of any of paragraphs 12(1)(g) to (h.1) unless it is established that the person who filed the application for registration of the trademark did so with knowledge that the trademark was in whole or in part a protected geographical indication. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 14(F); 2017, c. 6, s. 66
Trademarks Act — T-13 11.2
Acquired rights — wines 11.2 (1) Section 11.14 and paragraph 12(1)(g) do not prevent the adoption, use or registration as a trademark in association with a wine of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins, (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with a wine; or (b) acquired rights through use to the trademark in respect of a wine. Acquired rights — spirits (2) Section 11.14 and paragraph 12(1)(h) do not prevent the adoption, use or registration as a trademark in association with a spirit of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins, (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with a spirit; or (b) acquired rights through use to the trademark in respect of a spirit. Acquired rights — agricultural products and food (3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trademark in association with an agricultural product or food of a category set out in the schedule of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1) in respect of the indication or translation, (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with an agricultural product or food belonging to the same category; or (b) acquired rights through use to the trademark in respect of an agricultural product or food belonging to the same category. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 67
Trademarks Act — T-13 11.22
CETA indications 11.22 Paragraph 11.18(2)(a) and section 11.21 do not apply with respect to a protected geographical indication that is listed in Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. 2017, c. 6, s. 67
Trademarks Act — T-13 11.23
Canada — Korea indications 11.23 Paragraphs 11.18(2)(a) and (c) and section 11.21 do not apply with respect to an indication that is a protected geographical indication and that is included in the following list: (a) GoryeoHongsam; (b) GoryeoBaeksam; (c) GoryeoSusam; (d) IcheonSsal; (e) ginseng rouge de Corée; (f) ginseng blanc de Corée; (g) ginseng frais de Corée; (h) riz Icheon; (i) Korean Red Ginseng; (j) Korean White Ginseng; (k) Korean Fresh Ginseng; (l) Icheon Rice. 2017, c. 6, s. 67
Trademarks Act — T-13 11.24
Powers of Governor in Council 11.24 The Governor in Council may, by order, amend the schedule by adding or deleting a category of agricultural product or food. 2017, c. 6, s. 67
Trademarks Act — T-13 12
When trademark registrable 12 (1) Subject to subsection (2), a trademark is registrable if it is not (a) a word that is primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years; (b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality of the goods or services in association with which it is used or proposed to be used or of the conditions of or the persons employed in their production or of their place of origin; (c) the name in any language of any of the goods or services in connection with which it is used or proposed to be used; (d) confusing with a registered trademark; (e) a sign or combination of signs whose adoption is prohibited by section 9 or 10; (f) a denomination the adoption of which is prohibited by section 10.1; (g) in whole or in part a protected geographical indication identifying a wine, where the trademark is to be registered in association with a wine not originating in a territory indicated by the geographical indication; (h) in whole or in part a protected geographical indication identifying a spirit, where the trademark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication; (h.1) in whole or in part a protected geographical indication, and the trademark is to be registered in association with an agricultural product or food — belonging to the same category, as set out in the schedule, as the agricultural product or food identified by the protected geographical indication — not originating in a territory indicated by the geographical indication; and (i) subject to subsection 3 (3) and paragraph 3 (4)(a) of the Olympic and Paralympic Marks Act , a mark the adoption of which is prohibited by subsection 3 (1) of that Act. Utilitarian function (2) A trademark is not registrable if, in relation to the goods or services in association with which it is used or proposed to be used, its features are dictated primarily by a utilitarian function. Registrable if distinctive (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. R.S., 1985, c. T-13, s. 12; 1990, c. 20, s. 81; 1993, c. 15, s. 59(F); 1994, c. 47, s. 193; 2007, c. 25, s. 14; 2014, c. 20, ss. 326, 361(E), c. 32, ss. 15(F), 53; 2017, c. 6, s. 68; 2018, c. 27, s. 231
Trademarks Act — T-13 15
Registration of confusing trademarks 15 Despite section 12, confusing trademarks are registrable if the applicant is the owner of all of the confusing trademarks. R.S., 1985, c. T-13, s. 15 2014, c. 20, s. 328
Trademarks Act — T-13 16
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 (a) a trademark that had been previously used in Canada or made known in Canada by any other person; (b) a trademark in respect of which an application for registration had been previously filed in Canada by any other person; or (c) a trade name that had been previously used in Canada by any other person. Pending application (2) The right of an applicant to secure registration of a registrable trademark is not affected by the previous filing of an application for registration of a confusing trademark by another person, unless the application for registration of the confusing trademark was pending on the day on which the applicant’s application is advertised under subsection 37(1). Previous use or making known (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). (4) [Repealed, 2014, c. 20, s. 330] (5) [Repealed, 2014, c. 20, s. 330] R.S., 1985, c. T-13, s. 16; 1994, c. 47, s. 195; 2014, c. 20, ss. 330, 361(E), 362(E), c. 32, s. 53
Trademarks Act — T-13 17
Effect of registration in relation to previous use, etc. 17 (1) No application for registration of a trademark that has been advertised in accordance with section 37 shall be refused and no registration of a trademark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trademark or trade name by a person other than the applicant for that registration or his predecessor in title, except at the instance of that other person or his successor in title, and the burden lies on that other person or his successor to establish that he had not abandoned the confusing trademark or trade name at the date of advertisement of the applicant’s application. When registration incontestable (2) In proceedings commenced after the expiration of five years from the date of registration of a trademark or from July 1, 1954, whichever is the later, no registration shall be expunged or amended or held invalid on the ground of the previous use or making known referred to in subsection (1), unless it is established that the person who adopted the registered trademark in Canada did so with knowledge of that previous use or making known. R.S., 1985, c. T-13, s. 17; 2014, c. 20, ss. 361(E), 362(E), c. 32, s. 56(F)
Trademarks Act — T-13 18
When registration invalid 18 (1) The registration of a trademark is invalid if (a) the trademark was not registrable at the date of registration; (b) the trademark is not distinctive at the time proceedings bringing the validity of the registration into question are commenced; (c) the trademark has been abandoned; (d) subject to section 17, the applicant for registration was not the person entitled to secure the registration; or (e) the application for registration was filed in bad faith. Exception (2) No registration of a trademark that had been so used in Canada by the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on the ground that evidence of the distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration. R.S., 1985, c. T-13, s. 18; 2014, c. 20, s. 361(E), c. 32, s. 19; 2018, c. 27, s. 218
Trademarks Act — T-13 18.1
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. 2014, c. 20, s. 331
Trademarks Act — T-13 19
Rights conferred by registration 19 Subject to sections 21, 32 and 67, the registration of a trademark in respect of any goods or services, unless shown to be invalid, gives to the owner of the trademark the exclusive right to the use throughout Canada of the trademark in respect of those goods or services. R.S., 1985, c. T-13, s. 19; 1993, c. 15, s. 60; 2014, c. 20, s. 361(E), c. 32, s. 53
Trademarks Act — T-13 21
Concurrent use of confusing marks 21 (1) If, in any proceedings respecting a registered trademark the registration of which is entitled to the protection of subsection 17(2), it is made to appear to the Federal Court that one of the parties to the proceedings, other than the registered owner of the trademark, had in good faith used a confusing trademark or trade name in Canada before the filing date of the application for that registration, and the Court considers that it is not contrary to the public interest that the continued use of the confusing trademark or trade name should be permitted in a defined territorial area concurrently with the use of the registered trademark, the Court may, subject to any terms that it considers just, order that the other party may continue to use the confusing trademark or trade name within that area with an adequate specified distinction from the registered trademark. Registration of order (2) The rights conferred by an order made under subsection (1) take effect only if, within three months from its date, the other party makes application to the Registrar to enter it on the register in connection with the registration of the registered trademark. R.S., 1985, c. T-13, s. 21 2014, c. 20, ss. 333(E), 361(E)
Trademarks Act — T-13 22
Depreciation of goodwill 22 (1) No person shall use a trademark registered by another person in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto. Action (2) In any action in respect of a use of a trademark contrary to subsection (1), the court may decline to order the recovery of damages or profits and may permit the defendant to continue to sell goods bearing the trademark that were in the defendant’s possession or under their control at the time notice was given to them that the owner of the registered trademark complained of the use of the trademark. R.S., 1985, c. T-13, s. 22; 2014, c. 20, s. 361(E), c. 32, ss. 23, 53