GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Trademarks Act — T-13 62
Administration 62 This Act shall be administered by the Minister of Industry. R.S., 1985, c. T-13, s. 62; 1992, c. 1, s. 145(F); 1995, c. 1, s. 62
Trademarks Act — T-13 63
Registrar 63 (1) There shall be a Registrar of Trademarks, who shall be the Commissioner of Patents appointed under subsection 4(1) of the Patent Act . The Registrar shall be responsible to the Deputy Minister of Industry. Acting registrar (2) When the Registrar is absent or unable to act or when the office of Registrar is vacant, his powers shall be exercised and his duties and functions performed in the capacity of acting registrar by such other officer as may be designated by the Minister of Industry. Assistants (3) The Registrar may, after consultation with the Minister, delegate to any person he deems qualified any of his powers, duties and functions under this Act, except the power to delegate under this subsection. Appeal (4) Any decision under this Act of a person authorized to make the decision pursuant to subsection (3) may be appealed in the like manner and subject to the like conditions as a decision of the Registrar under this Act. R.S., 1985, c. T-13, s. 63; 1992, c. 1, s. 145(F); 1995, c. 1, s. 62; 2014, c. 20, ss. 361(E), 370
Trademarks Act — T-13 64
Electronic form and means 64 (1) Subject to the regulations, any document, information or fee that is provided to the Registrar under this Act may be provided in any electronic form, and by any electronic means, that is specified by the Registrar. Collection, storage, etc. (2) Subject to the regulations, the Registrar may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information. Definition (3) In this section, electronic , in reference to a form or means, includes optical, magnetic and other similar forms or means. R.S., 1985, c. T-13, s. 64 2014, c. 20, s. 356
Trademarks Act — T-13 65
Regulations 65 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations (a) respecting the form of the register to be kept under this Act, and of the entries to be made in it; (b) respecting applications to the Registrar and the processing of those applications; (c) respecting the manner in which the goods or services referred to in paragraph 30(2)(a) are to be described; (d) respecting the merger of registrations under paragraph 41(1)(f), including, for the purpose of renewal under section 46, the deemed day of registration or last renewal; (e) respecting the recording or registration of transfers, licences, disclaimers, judgments or other documents relating to any trademark; (f) [Repealed, 2018, c. 27, s. 258] (g) respecting certificates of registration; (h) respecting the procedure by and form in which an application may be made to the Minister, as defined in section 11.11, requesting the Minister to publish a statement referred to in subsection 11.12(2); (i) respecting proceedings under sections 38 and 45, including documents relating to those proceedings; (j) respecting the payment of fees to the Registrar, the amount of those fees and the circumstances in which any fees previously paid may be refunded in whole or in part; (j.1) authorizing the Registrar to waive, subject to any prescribed terms and conditions, the payment of a fee if the Registrar is satisfied that the circumstances justify it; (k) respecting the provision of documents and information to the Registrar, including the time at which they are deemed to be received by the Registrar; (l) respecting communications between the Registrar and any other person; (m) respecting the grouping of goods or services according to the classes of the Nice Classification and the numbering of those classes; (n) respecting the awarding of costs under subsections 11.13(9), 38.1(1) and 45(4.1); (o) respecting requests made under subsection 45.1(1); and (p) prescribing anything that by this Act is to be prescribed. R.S., 1985, c. T-13, s. 65; 1993, c. 15, s. 70; 1994, c. 47, s. 201; 2014, c. 20, s. 357, c. 32, s. 50; 2015, c. 36, s. 67; 2018, c. 27, s. 227; 2018, c. 27, s. 258; 2018, c. 27, s. 261; 2018, c. 27, s. 262
Trademarks Act — T-13 65.1
Regulations — Madrid Protocol and Singapore Treaty 65.1 The Governor in Council may make regulations for carrying into effect (a) despite anything in this Act, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989, including any amendments, modifications and revisions made from time to time to which Canada is a party; and (b) the Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006, including any amendments and revisions made from time to time to which Canada is a party. 2014, c. 20, s. 358
Trademarks Act — T-13 65.2
Regulations 65.2 The Governor in Council may make regulations (a) respecting the list to be kept under subsection 11.12(1), including information relating to the listed geographical indications and translations to be included on the list; and (b) respecting proceedings under section 11.13, including documents relating to those proceedings. 2017, c. 6, s. 75
Trademarks Act — T-13 65.3
Case management 65.3 (1) For greater certainty, the Governor in Council may make regulations under paragraphs 65(i) and 65.2(b) respecting the case management by the Registrar of proceedings referred to in those paragraphs. Time or manner (2) The Governor in Council may make regulations authorizing the Registrar to fix, despite any time or manner that is provided for under this Act with respect to any of the proceedings referred to in subsection (1), the time by which or the manner in which any step in a case-managed proceeding is to be completed and, in that case, the provisions of this Act and the regulations apply with respect to the proceeding with any modifications that the circumstances require. 2018, c. 27, s. 228
Trademarks Act — T-13 66
Time period extended 66 (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Registrar, that time period is extended to the next day that is not a prescribed day or a designated day. Power to designate day (2) The Registrar may, on account of unforeseen circumstances and if the Registrar is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Registrar shall inform the public of that fact on the website of the Canadian Intellectual Property Office. R.S., 1985, c. T-13, s. 66; 2015, c. 36, s. 68
Trademarks Act — T-13 67
Registration of trademark before April 1, 1949 67 (1) The registration of a trademark under the laws of Newfoundland before April 1, 1949 has the same force and effect in the Province of Newfoundland as if Newfoundland had not become part of Canada, and all rights and privileges acquired under or by virtue of those laws may continue to be exercised or enjoyed in the Province of Newfoundland as if Newfoundland had not become part of Canada. Applications for trademarks pending April 1, 1949 (2) The laws of Newfoundland as they existed immediately before April 1, 1949 continue to apply in respect of applications for the registration of trademarks under the laws of Newfoundland pending at that time and any trademarks registered under those applications shall, for the purposes of this section, be deemed to have been registered under the laws of Newfoundland before April 1, 1949. 1993, c. 15, s. 71 2014, c. 20, s. 361(E)
Trademarks Act — T-13 68
Use of trademark or trade name before April 1, 1949 68 For the purposes of this Act, the use or making known of a trademark or the use of a trade name in Newfoundland before April 1, 1949 shall not be deemed to be a use or making known of such trademark or a use of such trade name in Canada before that date. 1993, c. 15, s. 71 2014, c. 20, s. 361(E) 2014, c. 20, s. 362(E)
Trademarks Act — T-13 68.1
Use of the indication “Beaufort” 68.1 (1) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, for less than 10 years before October 18, 2013. Use of the indication “Nürnberger Bratwürste” (2) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for less than five years before October 18, 2013. Use of the indication “Jambon de Bayonne” (3) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013. Restriction (4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both. 2017, c. 6, s. 76
Trademarks Act — T-13 68.2
Non-application of paragraph 38(2)(a.1) 68.2 No person shall oppose an application for registration of a trademark on the ground set out in paragraph 38(2)(a.1) if the application was advertised under subsection 37(1) before the day on which that paragraph comes into force. 2018, c. 27, s. 229
Trademarks Act — T-13 69.1
Application not advertised 69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1 , have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with (a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1 ; and (b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force. 2014, c. 20, ss. 359, 367
Trademarks Act — T-13 70
Application advertised 70 (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39, 40 and 66; (b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1 ; (c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1 ; and (d) subsections 9(3) and (4), sections 36.1, 38.1 and 45.1, and subsection 56(5), as enacted by the Budget Implementation Act, 2018, No. 2 . Regulations (2) For greater certainty, a regulation made under this Act applies to an application referred to in subsection (1), unless the regulation provides otherwise. Nice Classification (3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1 . 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, ss. 359, 367 2015, c. 36, s. 70 2018, c. 27, s. 230 2018, c. 27, s. 239 2018, c. 27, s. 263
Trademarks Act — T-13 71
Declaration of use 71 For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration. 2014, c. 20, ss. 359, 367
Trademarks Act — T-13 72
Registered trademarks — applications filed before coming into force 72 Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accordance with the provisions of this Act. 2014, c. 20, ss. 359, 367
Trademarks Act — T-13 73
Registered trademarks 73 (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act. Application of paragraph 26(2)(e.1) (2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1. Amending register (3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1 . Subsection 46(1) (4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed. 2014, c. 20, ss. 359, 367
Trademarks Act — T-13 135
Transitional 135 (2) Where a notice was sent under subsection 46(2) of the said Act before the coming into force of subsection (1), the renewal of the registration of the trademark shall be dealt with and disposed of as if subsection (1) had not come into force.
Trademarks Act — T-13 57
Amending the register 57 The Registrar of Trademarks may amend the register kept under section 26 of the Trademarks Act to reflect the amendments to that Act that are made by this Act.
Trademarks Act — T-13 114
Definition of Act 114 In sections 115 and 116 , Act means the Trademarks Act .
Trademarks Act — T-13 115
Indications in Schedule 115 (1) Despite subsection 11.12(2) and section 11.13 of the Act, the Registrar , as defined in section 2 of the Act, must, as soon as feasible after this section comes into force, enter the indications set out in Schedule 6 to this Act on the list of geographical indications kept under subsection 11.12(1) of the Act. Deemed entered on list (2) Those indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force. For greater certainty (3) For greater certainty, the Registrar is not required to enter those translations on the list. Geographical indications (4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act. Acquired rights (5) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to those indications, as a reference to “the day on which this section comes into force”. Indication “Feta” (6) For the purpose of section 11.22 of the Act, the indication “Feta” is deemed to be 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, to the extent that the indication “Φέτα” (Feta) remains listed in that Part A of Annex 20-A of that Agreement.
Trademarks Act — T-13
processed meats Italy 144 Szegedi téliszalámi Fresh, frozen and processed meats Hungary 145 Szegedi szalámi Fresh, frozen and processed meats Hungary 146 Tiroler Speck Fresh, frozen and processed meats Austria 147 Steirischer Kren Fresh and processed vegetable products Austria 148 Steirisches Kürbiskernöl Oilseeds Austria 149 Queijo S. Jorge Cheeses Portugal 150 Azeite de Moura Oils and animal fats Portugal 151 Azeites de Trás-os-Montes Oils and animal fats Portugal 152 Azeite do Alentejo Interior Oils and animal fats Portugal 153 Azeites da Beira Interior Oils and animal fats Portugal 154 Azeites do Norte Alentejano Oils and animal fats Portugal 155 Azeites do Ribatejo Oils and animal fats Portugal 156 Pêra Rocha do Oeste Fresh and processed fruits and nuts Portugal 157 Ameixa d’Elvas Fresh and processed fruits and nuts Portugal 158 Ananás dos Açores / S. Miguel Fresh and processed fruits and nuts Portugal 159 Chouriça de carne de Vinhais Fresh, frozen and processed meats Portugal 160 Linguiça de Vinhais Fresh, frozen and processed meats Portugal 161 Chouriço de Portalegre Fresh, frozen and processed meats Portugal 162 Presunto de Barrancos Fresh, frozen and processed meats Portugal 163 Queijo Serra da Estrela Cheeses Portugal 164 Queijos da Beira Baixa Cheeses Portugal 165 Queijo de Castelo Branco Cheeses Portugal 166 Queijo Amarelo da Beira Baixa Cheeses Portugal 167 Queijo Picante da Beira Baixa Cheeses Portugal 168 Salpicão de Vinhais Fresh, frozen and processed meats Portugal 169 Gouda Holland Cheeses Netherlands 170 Edam Holland Cheeses Netherlands 171 Kalix Löjrom Fresh, frozen and processed fish products Sweden 172 Magiun de prune Topoloveni Fresh and processed fruits and nuts Romania
Trademarks Act — T-13 116
Additional indications 116 (1) On the publication of a statement by the Minister , as defined in section 11.11 of the Act, that a geographical indication has been added to 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, the Registrar , as defined in section 2 of the Act, must, despite subsection 11.12(2) and section 11.13 of the Act, enter the indication on the list kept under subsection 11.12(1) of the Act. Information in statement (2) The Minister’s statement must set out the information described in paragraphs 11.12(3)(b) to (d) and (f) of the Act in respect of the indication. Deemed entered on list (3) The indication and all translations of the indication are deemed to have been entered on the list on the date on which the indication is added to Part A of Annex 20-A of Chapter Twenty of that Agreement. For greater certainty (4) For greater certainty, the Registrar is not required to enter those translations on the list. Geographical indication (5) The indication, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act. Acquired rights (6) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication, as a reference to “the date on which the indication is added to 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”.
Trademarks Act — T-13 132
Korean indications 132 (1) Despite subsection 11.12(2) and section 11.13 of the Trademarks Act , the Registrar , as defined in section 2 of that Act, must, as soon as practicable after this subsection comes into force, enter all of the following indications on the list of geographical indications kept under subsection 11.12(1) of that Act: (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. Deemed entry on list (2) The indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force. For greater certainty (3) For greater certainty, the Registrar is not required to enter those translations on the list. Geographical indications (4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of that Act. Acquired rights — Canada–Korea (5) For the purpose of subsection 11.2(3) of that Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication listed in section 11.23, as a reference to “January 1, 2015”.
Trade Unions Act — T-14 1
Short title 1 This Act may be cited as the Trade Unions Act . R.S., c. T-11, s. 1
Trade Unions Act — T-14 2
Definition of trade union 2 In this Act, trade union means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, but for this Act, have been deemed to be an unlawful combination by reason of some one or more of its purposes being in restraint of trade. R.S., c. T-11, s. 2
Trade Unions Act — T-14 3
Agreements not affected 3 This Act does not affect (a) any agreement between partners relating to their own business; (b) any agreement between an employer and those employed by him relating to employment; or (c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft. R.S., c. T-11, s. 3
Trade Unions Act — T-14 4
Legal proceedings not authorized by this Act 4 (1) Nothing in this Act enables any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any agreement (a) between members of a trade union, as such, concerning the conditions on which any members of the trade union shall, or shall not, sell their goods, transact business, employ or be employed; (b) for the payment by any person of any subscription or penalty to a trade union; (c) for the application of the funds of a trade union (i) to provide benefits to members, (ii) to furnish contributions to any employer or workman, who is not a member of the trade union, in consideration of the employer or workman acting in conformity with the rules or resolutions of the trade union, or (iii) to discharge any fine imposed on any person by sentence of a court of justice; (d) made between one trade union and another; or (e) to secure by bond or suretyship the performance of any of the agreements mentioned in paragraphs (a) to (d). Agreements not unlawful (2) Nothing in this section shall be deemed to constitute as unlawful any of the agreements mentioned in subsection (1). R.S., 1985, c. T-14, s. 4; 2001, c. 4, s. 124(E)