GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Act — T-13 (a)
country of origin means (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 )
Trademarks Act — T-13 (a)
country of the Union means (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 )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
distinguishing guise [Repealed, 2014, c. 20, s. 319]
Trademarks Act — T-13
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 )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
owner , in relation to a certification mark, means the person by whom the defined standard has been established; ( propriétaire )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
prescribed means prescribed by or under the regulations; ( prescrit )
Trademarks Act — T-13
proposed trade-mark [Repealed, 2014, c. 20, s. 319]
Trademarks Act — T-13
protected geographical indication means a geographical indication that is on the list kept pursuant to subsection 11.12(1); ( indication géographique protégée )
Trademarks Act — T-13
register means the register kept under section 26; ( registre )
Trademarks Act — T-13
registered trademark means a trademark that is on the register; ( marque de commerce déposée )
Trademarks Act — T-13
registered user [Repealed, 1993, c. 15, s. 57]
Trademarks Act — T-13
Registrar means the Registrar of Trademarks who is described in subsection 63(1); ( registraire )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
release has the same meaning as in subsection 2(1) of the Customs Act ; ( dédouanement )
Trademarks Act — T-13
representative for service [Repealed, 2014, c. 20, s. 319]
Trademarks Act — T-13
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 )
Trademarks Act — T-13 (a)
trademark means (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 )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
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 )
Trademarks Act — T-13
WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. ( membre de l’OMC )
Trademarks Act — T-13 2.1
Reference to person 2.1 Unless the context requires otherwise, a reference to person in this Act, in relation to a trademark, includes two or more persons who, by agreement, do not have the right to use the trademark in Canada except on behalf of both or all of them. 2014, c. 20, s. 320
Trademarks Act — T-13 3
When deemed to be adopted 3 A trademark is deemed to have been adopted by a person when that person or his predecessor in title commenced to use it in Canada or to make it known in Canada or, if that person or his predecessor had not previously so used it or made it known, when that person or his predecessor filed an application for its registration in Canada. R.S., 1985, c. T-13, s. 3 2014, c. 20, s. 361(E)
Trademarks Act — T-13 4
When deemed to be used 4 (1) A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked on the goods themselves or on the packages in which they are distributed or it is in any other manner so associated with the goods that notice of the association is then given to the person to whom the property or possession is transferred. Idem (2) A trademark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services. Use by export (3) A trademark that is marked in Canada on goods or on the packages in which they are contained is, when the goods are exported from Canada, deemed to be used in Canada in association with those goods. R.S., 1985, c. T-13, s. 4; 2014, c. 20, s. 361(E), c. 32, ss. 53, 54(F)
Trademarks Act — T-13 5
When deemed to be made known 5 A trademark is deemed to be made known in Canada by a person only if it is used by that person in a country of the Union, other than Canada, in association with goods or services, and (a) the goods are distributed in association with it in Canada, or (b) the goods or services are advertised in association with it in (i) any printed publication circulated in Canada in the ordinary course of commerce among potential dealers in or users of the goods or services, or (ii) radio broadcasts ordinarily received in Canada by potential dealers in or users of the goods or services, and it has become well known in Canada by reason of the distribution or advertising. R.S., 1985, c. T-13, s. 5; 2014, c. 20, s. 361(E), c. 32, s. 53
Trademarks Act — T-13 6
When mark or name confusing 6 (1) For the purposes of this Act, a trademark or trade name is confusing with another trademark or trade name if the use of the first mentioned trademark or trade name would cause confusion with the last mentioned trademark or trade name in the manner and circumstances described in this section. Confusion — trademark with other trademark (2) The use of a trademark causes confusion with another trademark if the use of both trademarks in the same area would be likely to lead to the inference that the goods or services associated with those trademarks are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification. Confusion — trademark with trade name (3) The use of a trademark causes confusion with a trade name if the use of both the trademark and trade name in the same area would be likely to lead to the inference that the goods or services associated with the trademark and those associated with the business carried on under the trade name are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification. Confusion — trade name with trademark (4) The use of a trade name causes confusion with a trademark if the use of both the trade name and trademark in the same area would be likely to lead to the inference that the goods or services associated with the business carried on under the trade name and those associated with the trademark are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification. What to be considered (5) In determining whether trademarks or trade names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including (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; (d) the nature of the trade; and (e) the degree of resemblance between the trademarks or trade names, including in appearance or sound or in the ideas suggested by them. R.S., 1985, c. T-13, s. 6; 2014, c. 20, ss. 321, 361(E), 362(E), c. 32, s. 53
Trademarks Act — T-13 7
Prohibitions 7 No person shall (a) make a false or misleading statement tending to discredit the business, goods or services of a competitor; (b) direct public attention to his goods, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his goods, services or business and the goods, services or business of another; (c) pass off other goods or services as and for those ordered or requested; or (d) make use, in association with goods or services, of any description that is false in a material respect and likely to mislead the public as to (i) the character, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of the goods or services. (e) [Repealed, 2014, c. 32, s. 10] R.S., 1985, c. T-13, s. 7; 2014, c. 32, ss. 10, 53, 56(F)
Trademarks Act — T-13 8
Warranty of lawful use 8 Every person who in the course of trade transfers the property in or the possession of any goods bearing, or in packages bearing, any trademark or trade name shall, unless before the transfer he otherwise expressly states in writing, be deemed to warrant, to the person to whom the property or possession is transferred, that the trademark or trade name has been and may be lawfully used in connection with the goods. R.S., 1985, c. T-13, s. 8; 2014, c. 20, ss. 361(E), 362(E), c. 32, ss. 53, 54(F)
Trademarks Act — T-13 9
 any of Her Majesty’s Forces as defined in the National Defence Act , (ii) of any university, or (iii) adopted and used by any public authority, in Canada as an official mark for goods or services, in respect of which the Registrar has, at the request of Her Majesty or of the university or public authority, as the case may be, given public notice of its adoption and use; (n.1) any armorial bearings granted, recorded or approved for use by a recipient pursuant to the prerogative powers of Her Majesty as exercised by the Governor General in respect of the granting of armorial bearings, if the Registrar has, at the request of the Governor General, given public notice of the grant, recording or approval; or (o) the name “Royal Canadian Mounted Police” or “R.C.M.P.” or any other combination of letters relating to the Royal Canadian Mounted Police, or any pictorial representation of a uniformed member thereof. Excepted uses (2) Nothing in this section prevents the adoption, use or registration as a trademark or otherwise, in connection with a business, of any mark (a) described in subsection (1) with the consent of Her Majesty or such other person, society, authority or organization as may be considered to have been intended to be protected by this section; or (b) consisting of, or so nearly resembling as to be likely to be mistaken for (i) an official sign or hallmark mentioned in paragraph (1)(i.1), except in respect of goods that are the same or similar to the goods in respect of which the official sign or hallmark has been adopted, or (ii) an armorial bearing, flag, emblem, name or abbreviation mentioned in paragraph (1)(i.3), unless the use of the mark is likely to mislead the public as to a connection between the user and the organization. For greater certainty (3) For greater certainty, and despite any public notice of adoption and use given by the Registrar under paragraph (1)(n), subparagraph (1)(n)(iii) does not apply with respect to a badge, crest, emblem or mark if the entity that made the request for the public notice is not a public authority or no longer exists. Notice of non-application (4) In the circumstances set out in subsection (3), the Registrar may, on his or her own initiative or at the request of a person who pays a prescribed fee, give public notice that subparagraph (1)(n)(iii) does not apply with respect to the badge, crest, emblem or mark. R.S., 1985, c. T-13, s. 9; 1990, c. 14, s. 8; 1993, c. 15, s. 58; 1994, c. 47, s. 191; 1999, c. 31, s. 209(F); 2007, c. 26, s. 6; 2014, c. 20, ss. 323, 361(E), c. 32, ss. 11, 53, 56(F) 2018, c. 27, s. 215
Trademarks Act — T-13 10
Further prohibitions 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. R.S., 1985, c. T-13, s. 10; 2014, c. 20, s. 324, c. 32, s. 53
Trademarks Act — T-13 10.1
Further prohibitions 10.1 Where a denomination must, under the Plant Breeders’ Rights Act , be used to designate a plant variety, no person shall adopt it as a trademark in association with the plant variety or another plant variety of the same species or use it in a way likely to mislead, nor shall any person so adopt or so use any mark so nearly resembling that denomination as to be likely to be mistaken therefor. 1990, c. 20, s. 79 2014, c. 20, s. 361(E)
Trademarks Act — T-13 11
Further prohibitions 11 No person shall use in connection with a business, as a trademark or otherwise, any sign or combination of signs adopted contrary to section 9 or 10. R.S., 1985, c. T-13, s. 11 2014, c. 20, s. 325
Trademarks Act — T-13 11.01
Exception 11.01 Despite section 11, a person may use a badge, crest, emblem or mark described in subparagraph 9(1)(n)(iii) if, at the time of use, the entity that made the request for a public notice under paragraph 9(1)(n) with respect to the badge, crest, emblem or mark is not a public authority or no longer exists. 2018, c. 27, s. 216
Trademarks Act — T-13 11.1
Further prohibitions 11.1 No person shall use in connection with a business, as a trademark or otherwise, any denomination adopted contrary to section 10.1. 1990, c. 20, s. 80; 2014, c. 20, s. 361(E), c. 32, s. 56(F)
Trademarks Act — T-13 11.11
Definitions 11.11 (1) The following definitions apply in this section and in sections 11.12 to 11.24. Minister means the Minister designated under subsection (2). ( ministre ) responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the schedule, the person, firm or other entity that, in the Minister’s opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable about that wine or spirit or that agricultural product or food to be a party to any proceedings under this Act. ( autorité compétente ) Designation of Minister (2) The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this section and sections 11.12 to 11.24. When indication confusing with trademark (3) For the purposes of sections 11.13 and 11.21, an indication identifying an agricultural product or food is confusing with a trademark if the use of both the indication and the trademark in the same area would be likely to lead to the inference that the agricultural product or food associated with the indication originates from the same source as the goods or services associated with the trademark. What to be considered (4) For the purposes of sections 11.13 and 11.21, in determining whether an indication is confusing with a trademark, the Registrar or the Federal Court, as the case may be, shall have regard to all the surrounding circumstances, including (a) the length of time that the indication has been used to identify the agricultural product or food with which it is associated as originating in the territory, or the region or locality of a territory, and the extent to which it has become known; (b) the degree of resemblance between the indication and the trademark, including in appearance or sound or in the ideas suggested by them; and (c) with respect to the trademark, (i) its inherent distinctiveness and the extent to which it has become known, (ii) the length of time that it has been in use, and (iii) the nature of the goods, services or business that is associated with it. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E); 2017, c. 6, s. 61
Trademarks Act — T-13
Minister means the Minister designated under subsection (2). ( ministre )
Trademarks Act — T-13
responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the schedule, the person, firm or other entity that, in the Minister’s opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable about that wine or spirit or that agricultural product or food to be a party to any proceedings under this Act. ( autorité compétente )
Trademarks Act — T-13 11.12
section (2.1), the statement by the Minister must set out all of the following information: (a) that the Minister proposes that the translation be entered on the list; (b) the indication on the list that corresponds to the translation; (c) the common name of the agricultural product or food that the indication identifies and the category set out in the schedule to which it belongs; (d) the name of the responsible authority in relation to 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. Removal from list (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 (b) if the Federal Court makes an order under subsection 11.21(1) for the removal of the indication or the translation. Obvious error (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. Evidence of entry (6) A copy of any entry on the list purporting to be certified to be true by the Registrar is evidence of the facts set out in it. Evidence of statement (7) Evidence of a statement by the Minister may be given by the production of a copy of the statement purporting to be certified to be true by the Registrar. Certified copies (8) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry on the list or of any statement by the Minister. 1994, c. 47, s. 192; 2017, c. 6, s. 61