GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Act — T-13 41
Amendments to register 41 (1) The Registrar may, on application by the registered owner of a trademark made in the prescribed manner and on payment of the prescribed fee, make any of the following amendments to the register: (a) correct any error or enter any change in the name, address or description of the registered owner; (b) cancel the registration of the trademark; (c) amend the statement of the goods or services in respect of which the trademark is registered; (d) amend the particulars of the defined standard that the use of a certification mark is intended to indicate; (e) enter a disclaimer that does not in any way extend the rights given by the existing registration of the trademark; or (f) subject to the regulations, merge registrations of the trademark that stem, under section 39, from the same original application. Conditions (2) An application to extend the statement of goods or services in respect of which a trademark is registered has the effect of an application for registration of the trademark in respect of the goods or services specified in the application for amendment. Obvious error (3) The Registrar may, within six months after an entry in the register is made, correct any error in the entry that is obvious from the documents relating to the registered trademark in question that are, at the time that the entry is made, on file in the Registrar’s office. Removal of registration (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. R.S., 1985, c. T-13, s. 41; 2014, c. 20, ss. 346, 361(E), c. 32, s. 53
Trademarks Act — T-13 43
Additional representations 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. R.S., 1985, c. T-13, s. 43 2014, c. 20, s. 361(E)
Trademarks Act — T-13 44
Notice for information 44 (1) The Registrar may at any time, and shall at the request of any person who pays the prescribed fee, by notice in writing require the registered owner of any trademark that was on the register on July 1, 1954 to furnish him within three months from the date of the notice with the information that would be required on an application for the registration of the trademark made at the date of the notice. Amendments to register (2) The Registrar may amend the registration of the trademark in accordance with the information furnished to him under subsection (1). Failure to give information (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. R.S., 1985, c. T-13, s. 44 2014, c. 20, s. 361(E)
Trademarks Act — T-13 44.1
Registrar may require amendment 44.1 (1) The Registrar may give notice to the registered owner of a trademark requiring the owner to furnish the Registrar, in the prescribed time and manner, with a statement of the goods or services in respect of which the trademark is registered, in which those goods or services are grouped in the manner described in subsection 30(3). Amendments to register (2) The Registrar may amend the register in accordance with the statement furnished under subsection (1). Failure to furnish statement (3) If the statement required by subsection (1) is not furnished, the Registrar shall by a further notice fix a reasonable time after which, if the statement is not furnished, the Registrar may expunge the registration of the trademark or refuse to renew it. 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. 2014, c. 20, s. 348
Trademarks Act — T-13 45.1
Request to keep evidence confidential 45.1 (1) A party to a proceeding under section 11.13, 38 or 45 may make a request to the Registrar, in accordance with the regulations, that some or all of the evidence that they intend to submit to the Registrar be kept confidential. Restriction (2) The Registrar shall not consider a request if the party who makes it submits the evidence to the Registrar before the Registrar either gives notice under subsection (3) or makes an order under subsection (4). Registrar not satisfied (3) If the Registrar is not satisfied that the evidence should be kept confidential, the Registrar shall notify the party who made the request accordingly. Confidentiality order (4) If the Registrar is satisfied that the evidence should be kept confidential, he or she may, on any terms that he or she considers appropriate, order that the evidence be kept confidential. Consequences of order (5) If the Registrar makes an order under subsection (4), (a) the party who made the request may submit the evidence to the Registrar and, if it is submitted, shall serve it on the other party in accordance with the order; (b) subsections 11.13(5.1), 38(9) and 45(2.1) do not apply with respect to the evidence; (c) section 29 does not apply to the evidence; and (d) the Registrar shall take measures to ensure that the evidence is kept confidential when the evidence or a copy of the evidence is transmitted to the Federal Court under section 60. Order of Federal Court (6) A certified copy of an order made under subsection (4) 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. 223
Trademarks Act — T-13 46
Term 46 (1) Subject to any other provision of this Act, the registration of a trademark is on the register for an initial period of 10 years beginning on the day of the registration and for subsequent renewal periods of 10 years if, for each renewal, the prescribed renewal fee is paid within the prescribed period. Notice to renew (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. Failure to renew (3) If the prescribed renewal fee is not paid within the prescribed period, the Registrar shall expunge the registration. The registration is deemed to have been expunged at the expiry of the initial period or the last renewal period. Renewal (4) If the prescribed renewal fee is paid within the prescribed period, the renewal period begins at the expiry of the initial period or the last renewal period. Extension (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. Prescribed period (6) For the purposes of this section, the prescribed period begins at least six months before the expiry of the initial period or the renewal period and ends no earlier than six months after the expiry of that period. R.S., 1985, c. T-13, s. 46; 1992, c. 1, s. 135 2014, c. 20, s. 350
Trademarks Act — T-13 46.1
Renewal for goods or services 46.1 The registration of a trademark may be renewed for any of the goods or services in respect of which the trademark is registered. 2018, c. 27, s. 224
Trademarks Act — T-13 47
Extensions of time 47 (1) If, in any case, the Registrar is satisfied that the circumstances justify an extension of the time fixed by this Act or prescribed by the regulations for the doing of any act, he may, except as in this Act otherwise provided, extend the time after such notice to other persons and on such terms as he may direct. Conditions (2) An extension applied for after the expiration of the time fixed for the doing of an act or the time extended by the Registrar under subsection (1) shall not be granted unless the prescribed fee is paid and the Registrar is satisfied that the failure to do the act or apply for the extension within that time or the extended time was not reasonably avoidable. R.S., c. T-10, s. 46
Trademarks Act — T-13 47.1
Proceeding under section 45 47.1 (1) The Registrar shall grant an extension of any time limit fixed under this Act in the context of a proceeding commenced by the Registrar, on his or her own initiative, under section 45, if the extension is requested after the expiry of the time limit and within two months after its expiry. One time extension (2) No extension under subsection (1) shall be granted more than once. 2014, c. 20, s. 351
Trademarks Act — T-13 48
Trademark transferable 48 (1) A trademark, whether registered or unregistered, is transferable, and deemed always to have been transferable, either in connection with or separately from the goodwill of the business and in respect of either all or some of the goods or services in association with which it has been used. Where two or more persons interested (2) Nothing in subsection (1) prevents a trademark from being held not to be distinctive if as a result of a transfer thereof there subsisted rights in two or more persons to the use of confusing trademarks and the rights were exercised by those persons. Transfer of application (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. Transfer of trademark (4) The Registrar shall, subject to the regulations, register the transfer of any registered trademark on the request of the registered owner or, on receipt of evidence satisfactory to the Registrar of the transfer, on the request of a transferee of the trademark. Removal of recording or registration (5) The Registrar shall remove the recording or the registration of the transfer referred to in subsection (3) or (4) on receipt of evidence satisfactory to the Registrar that the transfer should not have been recorded or registered. R.S., 1985, c. T-13, s. 48; 2014, c. 20, ss. 352, 361(E), c. 32, s. 53
Trademarks Act — T-13 49
Change of purpose 49 If a sign or combination of signs is used by a person as a trademark for any of the purposes or in any of the manners mentioned in the definition certification mark or trademark in section 2, no application for the registration of the trademark shall be refused and no registration of the trademark shall be expunged, amended or held invalid merely on the ground that the person or a predecessor in title uses the trademark or has used it for any other of those purposes or in any other of those manners. R.S., 1985, c. T-13, s. 49 2014, c. 20, s. 353
Trademarks Act — T-13 50
Licence to use trademark 50 (1) For the purposes of this Act, if an entity is licensed by or with the authority of the owner of a trademark to use the trademark in a country and the owner has, under the licence, direct or indirect control of the character or quality of the goods or services, then the use, advertisement or display of the trademark in that country as or in a trademark, trade name or otherwise by that entity has, and is deemed always to have had, the same effect as such a use, advertisement or display of the trademark in that country by the owner. Idem (2) For the purposes of this Act, to the extent that public notice is given of the fact that the use of a trademark is a licensed use and of the identity of the owner, it shall be presumed, unless the contrary is proven, that the use is licensed by the owner of the trademark and the character or quality of the goods or services is under the control of the owner. Owner may be required to take proceedings (3) Subject to any agreement subsisting between an owner of a trademark and a licensee of the trademark, the licensee may call on the owner to take proceedings for infringement thereof, and, if the owner refuses or neglects to do so within two months after being so called on, the licensee may institute proceedings for infringement in the licensee’s own name as if the licensee were the owner, making the owner a defendant. R.S., 1985, c. T-13, s. 50; 1993, c. 15, s. 69; 1999, c. 31, s. 211(F); 2014, c. 20, ss. 361(E), 362(E), c. 32, s. 53
Trademarks Act — T-13 51
Use of trademark by related companies 51 (1) Where a company and the owner of a trademark that is used in Canada by that owner in association with a pharmaceutical preparation are related companies, the use by the company of the trademark, or a trademark confusing therewith, in association with a pharmaceutical preparation that at the time of that use or at any time thereafter, (a) is acquired by a person directly or indirectly from the company, and (b) is sold, distributed or advertised for sale in Canada in a package bearing the name of the company and the name of that person as the distributor thereof, has the same effect, for all purposes of this Act, as a use of the trademark or the confusing trademark, as the case may be, by that owner. Where difference in composition (2) Subsection (1) does not apply to any use of a trademark or a confusing trademark by a company referred to in that subsection in association with a pharmaceutical preparation after such time, if any, as that pharmaceutical preparation is declared by the Minister of Health, by notice published in the Canada Gazette , to be sufficiently different in its composition from the pharmaceutical preparation in association with which the trademark is used in Canada by the owner referred to in subsection (1) as to be likely to result in a hazard to health. Definition of pharmaceutical preparation (3) In this section, pharmaceutical preparation includes (a) any substance or mixture of substances manufactured, sold or represented for use in (i) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof, in humans or animals, or (ii) restoring, correcting or modifying organic functions in humans or animals, and (b) any substance to be used in the preparation or production of any substance or mixture of substances described in paragraph (a), but does not include any such substance or mixture of substances that is the same or substantially the same as a substance or mixture of substances that is a proprietary medicine within the meaning from time to time assigned to that expression by regulations made pursuant to the Food and Drugs Act . R.S., 1985, c. T-13, s. 51; 1996, c. 8, s. 32 2014, c. 20, s. 361(E)
Trademarks Act — T-13 51.01
on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both. Limitation Period (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. Disposition order (8) The court before which any proceedings for an offence under this section are taken may, on a finding of guilt, order that any goods, labels, or packaging in respect of which the offence was committed, any advertising materials relating to those goods and any equipment used to manufacture those goods, labels or packaging be destroyed or otherwise disposed of. Notice (9) Before making an order for the destruction or other disposition of equipment under subsection (8), the court shall require that notice be given to the owner of the equipment and to any other person who, in the opinion of the court, appears to have a right or interest in the equipment, unless the court is of the opinion that the interests of justice do not require that the notice be given. 2014, c. 32, s. 42 2014, c. 20, s. 361(E)
Trademarks Act — T-13 51.02
Definitions 51.02 The following definitions apply in sections 51.03 to 51.12. customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act . ( agent des douanes ) Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre ) owner , with respect to a protected geographical indication identifying a wine or spirit or agricultural product or food, means the responsible authority, as defined in section 11.11, for the wine or spirit or agricultural product or food identified by the indication. ( propriétaire ) protected mark means a registered trademark or a protected geographical indication. ( marque protégée ) relevant protected mark means (a) a trademark registered for goods that is identical to, or cannot be distinguished in its essential aspects from, a trademark on such goods, including their labels or packaging, that are detained by a customs officer; or (b) a protected geographical indication identifying, as the case may be, a wine or spirit, or an agricultural product or food of a category set out in the schedule, that is identical to, or cannot be distinguished in its essential aspects from, an indication on such a wine or spirit or such an agricultural product or food, or on their labels or packaging, that is detained by a customs officer. ( marque protégée en cause ) working day means a day other than a Saturday or a holiday. ( jour ouvrable ) 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 70
Trademarks Act — T-13
customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act . ( agent des douanes )
Trademarks Act — T-13
Minister means the Minister of Public Safety and Emergency Preparedness. ( ministre )
Trademarks Act — T-13
owner , with respect to a protected geographical indication identifying a wine or spirit or agricultural product or food, means the responsible authority, as defined in section 11.11, for the wine or spirit or agricultural product or food identified by the indication. ( propriétaire )
Trademarks Act — T-13
protected mark means a registered trademark or a protected geographical indication. ( marque protégée )
Trademarks Act — T-13 (a)
relevant protected mark means (a) a trademark registered for goods that is identical to, or cannot be distinguished in its essential aspects from, a trademark on such goods, including their labels or packaging, that are detained by a customs officer; or (b) a protected geographical indication identifying, as the case may be, a wine or spirit, or an agricultural product or food of a category set out in the schedule, that is identical to, or cannot be distinguished in its essential aspects from, an indication on such a wine or spirit or such an agricultural product or food, or on their labels or packaging, that is detained by a customs officer. ( marque protégée en cause )
Trademarks Act — T-13
working day means a day other than a Saturday or a holiday. ( jour ouvrable )
Trademarks Act — T-13 51.03
No importation or exportation 51.03 (1) Goods shall not be imported or exported if the goods or their labels or packaging bear — without the consent of the owner of a registered trademark for such goods — a trademark that is identical to, or that cannot be distinguished in its essential aspects from, that registered trademark. Exception (2) Subsection (1) does not apply if (a) the trademark was applied with the consent of the owner of the trademark in the country where it was applied; (b) the sale or distribution of the goods or, in the case where the trademark is on the goods’ labels or packaging, of the goods in association with the labels or packaging would not be contrary to this Act; (c) the goods are imported or exported by an individual in their possession or baggage and the circumstances, including the number of goods, indicate that the goods are intended only for their personal use. (d) [Repealed, 2020, c. 1, s. 109] Wine or spirits (2.1) Wine or spirits shall not be imported or exported if they, or their labels or packaging, bear a protected geographical indication and the wine or spirits (a) do not originate in the territory indicated by the indication; or (b) do originate in the territory indicated by the indication but were not produced or manufactured in accordance with the law applicable to that territory. Agricultural products or food (2.2) An agricultural product or food of a category set out in the schedule shall not be imported or exported if it, or its label or packaging, bears a protected geographical indication and the agricultural product or food (a) does not originate in the territory indicated by the indication; or (b) does originate in the territory indicated by the indication, but was not produced or manufactured in accordance with the law applicable to that territory. Exception (2.3) Subsections (2.1) and (2.2) do not apply if (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. (c) [Repealed, 2020, c. 1, s. 109] Customs transit or transhipment control (2.4) For the purposes of subsections (1), (2.1) and (2.2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release. Restriction (3) The contravention of subsection (1), (2.1) or (2.2) does not give rise to a remedy under section 53.2. 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 71 2020, c. 1, s. 109
Trademarks Act — T-13 51.04
Request for assistance 51.04 (1) The owner of a protected mark may file with the Minister, in the form and manner specified by the Minister, a request for assistance in pursuing remedies under this Act with respect to goods imported or exported in contravention of section 51.03. Information in request (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. Validity period (3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the owner of the protected mark, extend the period for two years, and may do so more than once. Security (4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the owner of the protected mark furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the owner of the protected mark becomes liable under section 51.09. Update (5) The owner of the protected mark shall inform the Minister in writing, as soon as feasible, of any changes to (a) the validity of the protected mark that is the subject of the request for assistance; (b) the ownership of the protected mark; or (c) the goods for which the trademark is registered or, in the case of a geographical indication, the goods identified by the indication. 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 72