GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Act — T-13 23
Registration of certification marks 23 (1) A certification mark may be adopted and registered only by a person who is not engaged in the manufacture, sale, leasing or hiring of goods or the performance of services such as those in association with which the certification mark is used or proposed to be used. Licence (2) The owner of a certification mark may license others to use it in association with goods or services that meet the defined standard, and the use of the certification mark accordingly is deemed to be use by the owner. Unauthorized use (3) The owner of a registered certification mark may prevent its use by unlicensed persons or in association with any goods or services in respect of which it is registered but to which the licence does not extend. Action by unincorporated body (4) If the owner of a registered certification mark is an unincorporated body, any action or proceeding to prevent unauthorized use of the certification mark may be brought by any member of that body on behalf of themselves and all other members. R.S., 1985, c. T-13, s. 23; 2014, c. 20, s. 334, c. 32, s. 53
Trademarks Act — T-13 24
Registration of trademark confusing with certification mark 24 With the consent of the owner of a certification mark, a trademark confusing with the certification mark may, if it exhibits an appropriate difference, be registered by some other person to indicate that the goods or services in association with which it is used have been manufactured, sold, leased, hired or performed by him as one of the persons entitled to use the certification mark, but the registration thereof shall be expunged by the Registrar on the withdrawal at any time of the consent of the owner of the certification mark or on the cancellation of the registration of the certification mark. R.S., 1985, c. T-13, s. 24; 2014, c. 20, ss. 335(F), 361(E), c. 32, ss. 25(F), 53(E)
Trademarks Act — T-13 25
Descriptive certification mark 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. R.S., 1985, c. T-13, s. 25; 2014, c. 20, s. 336, c. 32, s. 26
Trademarks Act — T-13 26
Register 26 (1) There shall be kept under the supervision of the Registrar a register of trademarks and of transfers, disclaimers, amendments, judgments and orders relating to each registered trademark. Information to be shown (2) The register shall show, with reference to each registered trademark, the following: (a) the date of registration; (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; (d) particulars of each renewal; (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 (f) such other particulars as this Act or the regulations require to be entered thereon. R.S., 1985, c. T-13, s. 26; 1993, c. 15, s. 61; 2014, c. 20, ss. 337, 361(E), c. 32, s. 27
Trademarks Act — T-13 27
Register under Unfair Competition Act 27 (1) The register kept under the Unfair Competition Act , chapter 274 of the Revised Statutes of Canada, 1952, forms part of the register kept under this Act and, subject to subsection 44(2), no entry made therein, if properly made according to the law in force at the time it was made, is subject to be expunged or amended only because it might not properly have been made pursuant to this Act. Trademarks registered before Unfair Competition Act (2) Trademarks on the register on September 1, 1932 shall be treated as design marks or word marks as defined in the Unfair Competition Act , chapter 274 of the Revised Statutes of Canada, 1952, according to the following rules: (a) any trademark consisting only of words or numerals or both without any indication of a special form or appearance shall be deemed to be a word mark; (b) any other trademark consisting only of words or numerals or both shall be deemed to be a word mark if at the date of its registration the words or numerals or both would have been registrable independently of any defined special form or appearance and shall also be deemed to be a design mark for reading matter presenting the special form or appearance defined; (c) any trademark including words or numerals or both in combination with other features shall be deemed (i) to be a design mark having the features described in the application therefor but without any meaning being attributed to the words or numerals, and (ii) to be a word mark if and so far as it would at the date of registration have been registrable independently of any defined form or appearance and without being combined with any other feature; and (d) any other trademark shall be deemed to be a design mark having the features described in the application therefor. Trademarks registered under Unfair Competition Act (3) Trademarks registered under the Unfair Competition Act , chapter 274 of the Revised Statutes of Canada, 1952, shall, in accordance with their registration, continue to be treated as design marks or word marks as defined in that Act. R.S., 1985, c. T-13, s. 27 2014, c. 20, s. 361(E)
Trademarks Act — T-13 29
Available to public 29 (1) The following shall be made available to the public at the times and in the manner established by the Registrar: (a) the register; (b) all applications for the registration of a trademark, including those abandoned; (c) [Repealed, 2018, c. 27, s. 256] (d) the list of geographical indications kept under subsection 11.12(1); (e) all requests made under paragraph 9(1)(n); and (f) all documents filed with the Registrar relating to a registered trademark, an application for the registration of a trademark, a request under paragraph 9(1)(n) and objection proceedings under section 11.13. Certified copies (2) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry in the register or list, or of any of those applications, requests or documents. R.S., 1985, c. T-13, s. 29; 1993, c. 15, s. 63; 1994, c. 47, s. 197; 2014, c. 20, s. 361(E), c. 32, s. 28 2018, c. 27, s. 256
Trademarks Act — T-13 29.1
Destruction of records 29.1 Despite subsection 29(1), the Registrar may destroy (a) an application for the registration of a trademark that is refused and any document relating to the application, at any time after six years after the day on which the application is refused or, if an appeal is taken, on which final judgment in the appeal upholding the refusal is given; (b) an application for the registration of a trademark that is abandoned and any document relating to the application, at any time after six years after the day on which the application is abandoned; (c) a document relating to an expunged registration of a trademark, at any time after six years after the day on which the registration is expunged; (d) a request under paragraph 9(1)(n) and any document relating to it, at any time after six years after (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 (iii) the day on which a court declares that the badge, crest, emblem or mark in question is invalid or, if an appeal is taken, on which final judgment in the appeal upholding the declaration is given; (e) a document relating to objection proceedings under section 11.13 with respect to a geographical indication that is removed from the list of geographical indications under subsection 11.12(4), at any time after six years after the day on which it is removed; and (f) a document relating to objection proceedings under section 11.13 with respect to which a decision is made that the indication is not a geographical indication, at any time after six years after the day on which the decision is made or, if an appeal is taken, on which final judgment in the appeal upholding the decision is given. 2014, c. 32, s. 28 2014, c. 20, s. 361(E)
Trademarks Act — T-13 30
Requirements for application 30 (1) A person may file with the Registrar an application for the registration of a trademark in respect of goods or services if they are using or propose to use, and are entitled to use, the trademark in Canada in association with those goods or services. Contents of application (2) The application shall contain (a) a statement in ordinary commercial terms of the goods or services in association with which the trademark is used or proposed to be used; (b) in the case of a certification mark, particulars of the defined standard that the use of the certification mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of goods or the performance of services such as those in association with which the certification mark is used or proposed to be used; (c) a representation or description, or both, that permits the trademark to be clearly defined and that complies with any prescribed requirements; and (d) any prescribed information or statement. Nice Classification (3) The goods or services referred to in paragraph (2)(a) are to be 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. Disagreement (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal. R.S., 1985, c. T-13, s. 30; 1993, c. 15, s. 64; 1994, c. 47, s. 198; 2014, c. 20, s. 339, c. 32, s. 53
Trademarks Act — T-13 31
Standard characters 31 An applicant who seeks to register a trademark that consists only of letters, numerals, punctuation marks, diacritics or typographical symbols, or of any combination of them, without limiting the trademark to any particular font, size or colour shall (a) file a representation under paragraph 30(2)(c) that consists only of characters for which the Registrar has adopted standard characters; (b) include in their application a statement to the effect that they wish the trademark to be registered in standard characters; and (c) comply with any prescribed requirements. R.S., 1985, c. T-13, s. 31 2014, c. 20, s. 339
Trademarks Act — T-13 32
Further evidence in certain cases 32 (1) An applicant shall furnish the Registrar with any evidence that the Registrar may require establishing that the trademark is distinctive at the filing date of the application for its registration, determined without taking into account subsection 34(1), if any of the following apply: (a) the applicant claims that their trademark is registrable under subsection 12(3); (b) the Registrar’s preliminary view is that the trademark is not inherently distinctive; (c) the trademark consists exclusively of a single colour or of a combination of colours without delineated contours; (d) the trademark consists exclusively or primarily of one or more of the following signs: (i) the three-dimensional shape of any of the goods specified in the application, or of an integral part or the packaging of any of those goods, (ii) a mode of packaging goods, (iii) a sound, (iv) a scent, (v) a taste, (vi) a texture, (vii) any other prescribed sign. Registration to be restricted (2) The Registrar shall, having regard to the evidence adduced, restrict the registration to the goods or services in association with which, and to the defined territorial area in Canada in which, the trademark is shown to be distinctive. R.S., 1985, c. T-13, s. 32; 2014, c. 20, s. 339, c. 32, ss. 53, 56(F); 2018, c. 27, s. 232
Trademarks Act — T-13 33
Filing date 33 (1) The filing date of an application for the registration of a trademark in Canada is the day on which the Registrar has received all of the following: (a) an explicit or implicit indication that the registration of the trademark is sought; (b) information allowing the identity of the applicant to be established; (c) information allowing the Registrar to contact the applicant; (d) a representation or description of the trademark; (e) a list of the goods or services for which registration of the trademark is sought; (f) any prescribed fees. Outstanding items (2) The Registrar shall notify the applicant whose application does not contain all the items set out in subsection (1) of the items that are outstanding and require that the applicant submit them within two months of the date of the notice. Despite section 47, that period cannot be extended. Application deemed never filed (3) If the Registrar does not receive the outstanding items within those two months, the application is deemed never to have been filed. However, any fees paid in respect of the application shall not be refunded to the applicant. R.S., 1985, c. T-13, s. 33 2014, c. 20, s. 339
Trademarks Act — T-13 34
Date of application abroad deemed date of application in Canada 34 (1) Despite subsection 33(1), when an applicant files an application for the registration of a trademark in Canada after the applicant or the applicant’s predecessor in title has applied, in or for any country of the Union other than Canada, for the registration of the same or substantially the same trademark in association with the same kind of goods or services, the filing date of the application in or for the other country is deemed to be the filing date of the application in Canada and the applicant is entitled to priority in Canada accordingly despite any intervening use in Canada or making known in Canada or any intervening application or registration, if (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 (d) the applicant furnishes, in accordance with any request under subsections (2) and (3), evidence necessary to fully establish the applicant’s right to priority. Evidence requests (2) The Registrar may request the evidence before the day on which the trademark is registered under section 40. How and when evidence must be furnished (3) The Registrar may specify in the request the manner in which the evidence must be furnished and the period within which it must be furnished. Withdrawal of request (4) An applicant may, in the prescribed time and manner, withdraw a request for priority. Extension (5) An applicant is not permitted to apply under section 47 for an extension of the six-month period referred to in paragraph (1)(a) until that period has ended, and the Registrar is not permitted to extend the period by more than seven days. R.S., 1985, c. T-13, s. 34; 1992, c. 1, s. 133; 1993, c. 15, s. 65; 1994, c. 47, s. 199; 2014, c. 20, s. 340, c. 32, s. 53
Trademarks Act — T-13 35
Disclaimer 35 The Registrar may require an applicant for registration of a trademark to disclaim the right to the exclusive use apart from the trademark of such portion of the trademark as is not independently registrable, but the disclaimer does not prejudice or affect the applicant’s rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the applicant’s right to registration on a subsequent application if the disclaimed matter has then become distinctive of the applicant’s goods or services. R.S., 1985, c. T-13, s. 35; 2014, c. 20, s. 361(E), c. 32, s. 53
Trademarks Act — T-13 36
Abandonment 36 If, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, after giving notice to the applicant of the default, treat the application as abandoned unless the default is remedied within the prescribed time. R.S., 1985, c. T-13, s. 36 2014, c. 20, s. 341
Trademarks Act — T-13 36.1
Withdrawal of opposition 36.1 If, in the opinion of the Registrar, an opponent is in default in the continuation of an opposition referred to in section 38, the Registrar may, after giving notice to the opponent of the default, treat the opposition as withdrawn unless the default is remedied within the time specified in the notice. 2018, c. 27, s. 219
Trademarks Act — T-13 37
When applications to be refused 37 (1) The Registrar shall refuse an application for the registration of a trademark if he is satisfied that (a) the application does not conform to the requirements of subsection 30(2); (b) the trademark is not registrable, (c) the applicant is not the person entitled to registration of the trademark because it is confusing with another trademark for the registration of which an application is pending, or (d) the trademark is not distinctive. If the Registrar is not so satisfied, the Registrar shall cause the application to be advertised in the prescribed manner. Notice to applicant (2) The Registrar shall not refuse any application without first notifying the applicant of his objections thereto and his reasons for those objections, and giving the applicant adequate opportunity to answer those objections. Doubtful cases (3) Where the Registrar, by reason of a registered trademark, is in doubt whether the trademark claimed in the application is registrable, he shall, by registered letter, notify the owner of the registered trademark of the advertisement of the application. Withdrawal of advertisement (4) If, after the application has been advertised but before the trademark is registered, the Registrar is satisfied that the application should not have been advertised or was incorrectly advertised and the Registrar considers it reasonable to do so, the Registrar may withdraw the advertisement. If the Registrar withdraws the advertisement, the application is deemed never to have been advertised. R.S., 1985, c. T-13, s. 37 2014, c. 20, ss. 342, 361(E)
Trademarks Act — T-13 38
 not wish to submit evidence. Deemed abandonment of application (11) The application is deemed to have been abandoned if the applicant does not file and serve a counter statement within the time referred to in subsection (7) or if, in the prescribed circumstances, the applicant does not submit and serve either evidence under subsection (8) or a statement that the applicant does not wish to submit evidence. Decision (12) After considering the evidence and representations of the opponent and the applicant, the Registrar shall refuse the application, reject the opposition, or refuse the application with respect to one or more of the goods or services specified in it and reject the opposition with respect to the others. He or she shall notify the parties of the decision and the reasons for it. R.S., 1985, c. T-13, s. 38; 1992, c. 1, s. 134; 1993, c. 15, s. 66 2014, c. 20, ss. 343, 361(E) 2018, c. 27, ss. 220, 233
Trademarks Act — T-13 38.1
Costs 38.1 (1) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under section 38. Order of Federal Court (2) A certified copy of an order made under subsection (1) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court. 2018, c. 27, s. 221
Trademarks Act — T-13 39
Divisional application 39 (1) After having filed an application for the registration of a trademark, an applicant may limit the original application to one or more of the goods or services that were within its scope and file a divisional application for the registration of the same trademark in association with any other goods or services that were (a) within the scope of the original application on its filing date, determined without taking into account subsection 34(1); and (b) within the scope of the original application on the day on which the divisional application is filed, if the divisional application is filed on or after the day on which the original application is advertised under subsection 37(1). Identification (2) A divisional application shall indicate that it is a divisional application and shall, in the prescribed manner, identify the corresponding original application. Separate application (3) A divisional application is a separate application, including with respect to the payment of any fees. Filing date (4) A divisional application’s filing date is deemed to be the original application’s filing date. Division of divisional application (5) A divisional application may itself be divided under subsection (1), in which case this section applies as if that divisional application were an original application. R.S., 1985, c. T-13, s. 39; 1993, c. 15, s. 67 2014, c. 20, s. 344 2018, c. 27, s. 234
Trademarks Act — T-13 40
Registration of trademarks 40 When an application for the registration of a trademark either has not been opposed and the time for the filing of a statement of opposition has expired, or has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall register the trademark in the name of the applicant and issue a certificate of its registration or, if an appeal is taken, shall act in accordance with the final judgment given in the appeal. R.S., 1985, c. T-13, s. 40; 1993, c. 15, s. 68, c. 44, s. 231; 1999, c. 31, s. 210(F); 2014, c. 20, s. 345, c. 32, ss. 37(F), 53(E)