Trademarks Act — T-13 2
Definitions 2 In this Act, certification mark means a sign or combination of signs that is used or proposed to be used for the purpose of distinguishing or so as to distinguish goods or services that are of a defined standard from those that are not of that defined standard, with respect to (a) the character or quality of the goods or services, (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 ) 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 ) 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 ) 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from the goods or services of others or that is adapted so to distinguish them; ( distinctive ) distinguishing guise [Repealed, 2014, c. 20, s. 319] geographical indication means an indication that identifies a wine or spirit, or an agricultural product or food of a category set out in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 ) package [Repealed, 2014, c. 32, s. 7] 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 indicati