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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - CANADA

An Act relating to trade-marks and unfair competition


INDEX

SHORT TITLE

INTERPRETATION

Definitions

When deemed to be adopted

When deemed to be used

When deemed to be made known

When mark or name confusing

UNFAIR COMPETITION AND PROHIBITED MARKS

Prohibitions

Warranty of lawful use

Prohibited marks

Excepted uses

Further prohibitions (10)

Further prohibitions (10.1)

Further prohibitions (11)

Further prohibitions (11.1)

Definitions

List

Statement of Minister

Information

Removal from list

Statement of objection

Ground

Content

Counter statement

Evidence and hearing

Withdrawal of objection

Decision

Prohibited adoption of indication for wines

Prohibited use

Prohibited adoption of indication for spirits

Prohibited use

Exception for personal names

Exception for comparative advertising

Exception not applicable to packaging

Continued use

Definition of "Canadian"

Exception for disuse

Exceptions for customary names

Exception for generic names for wines

Exception for generic names for spirits

Governor in Council amendment

Exception for failure to take proceedings

Idem

Transitional

REGISTRABLE TRADE-MARKS

When trade-mark registrable

Idem

When distinguishing guises registrable

Effect of registration

Not to limit art or industry

Registration of marks registered abroad

Trade-marks regarded as registered abroad

Registration of confusing marks

Record

Amendment

PERSONS ENTITLED TO REGISTRATION OF TRADE-MARKS

Registration of marks used or made known in Canada

Marks registered and used abroad

Proposed marks

Where application for confusing mark pending

Previous use or making known

VALIDITY AND EFFECT OF REGISTRATION

Effect of registration in relation to previous use, etc.

When registration incontestable

When registration invalid

Exception

Rights conferred by registration

Infringement

Exception

Concurrent use of confusing marks

Registration of order

Depreciation of goodwill

Action in respect thereof

CERTIFICATION MARKS

Registration of certification marks

Licence

Unauthorized use

Action by unincorporated body

Registration of trade-mark confusing with certification mark

Descriptive certification mark

REGISTER OF TRADE-MARKS

Register

Information to be shown

Register under Unfair Competition Act

Trade-marks registered before Unfair Competition Act

Trade-marks registered under Unfair Competition Act

Indexes

List of trade-mark agents

Inspection

Register of registered users

APPLICATIONS FOR REGISTRATION OF TRADE-MARKS

Contents of application

Applications based on registration abroad

Evidence required in certain cases

Further information in certain cases

Registration to be restricted

Applications by trade unions, etc.

Date of application abroad deemed date of application in Canada

Evidence requests

How and when evidence must be furnished

Disclaimer

Abandonment

When applications to be refused

Notice to applicant

Doubtful cases

Statement of opposition

Grounds

Content

Frivolous opposition

Substantial issue

Counter statement

Evidence and hearing

Withdrawal of opposition

Abandonment of application

Decision

When application to be allowed

No extension of time

Exception

REGISTRATION OF TRADE-MARKS

Registration of trade-marks

Proposed trade-mark

Abandonment of application

Form and effect

Section 34 does not apply

AMENDMENT OF THE REGISTER

Amendments to register

Conditions

Representative for service

Change of address

Additional representations

Notice for information

Amendments to register

Failure to give information

Registrar may request evidence of user

Form of evidence

Effect of non-use

Notice to owner

Action by Registrar

RENEWAL OF REGISTRATIONS

Renewal

Notice to renew

Failure to renew

Effective date of renewal

EXTENSIONS OF TIME

Extensions of time

Conditions

TRANSFER

Trade-mark transferable

Where two or more persons interested

Registration of transfer

CHANGE OF PURPOSE IN USE OF MARK

Change of purpose

LICENCES

Licence to use trade-mark

Idem

Owner may be required to take proceedings

Use of trade-mark by related companies

Where difference in composition

Definition of "pharmaceutical preparation"

LEGAL PROCEEDINGS

Definitions

Proceedings for interim custody

Security

Lien for charges

Prohibition of imports

How application made

Limitation

Proceedings for detention by Minister

How application made

Court may require security

Application for directions

Minister may allow inspection

Where applicant fails to commence an action

Where court finds in plaintiff's favour

Power of court to grant relief

Re-exportation of wares

Evidence

Idem (2)

Idem (3)

Idem (4)

Jurisdiction of Federal Court

Appeal

Procedure

Notice to owner

Public notice

Additional evidence

Exclusive jurisdiction of Federal Court

Restriction

How proceedings instituted

Notice to set out grounds

Reply

Hearing

Registrar to transmit documents

Register of registered users

Judgments to be filed

GENERAL

Administration

Registrar

Acting registrar

Assistants

Appeal

Publication of registrations

Regulations

Time limit deemed extended

When Trade-marks Office closed for business

Publication

NEWFOUNDLAND

Registration of trade-mark before April 1, 1949

Applications for trade-marks pending April 1, 1949

Use of trade-mark or trade-name before April 1, 1949

TRANSITIONAL PROVISION

Prior applications for registration

Related provision

Transitional