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Trademarks Act

Version of section 14 from 2002-12-31 to 2019-06-16:

Marginal note:Registration of marks registered abroad

  •  (1) Notwithstanding section 12, a trade-mark that the applicant or the applicant’s predecessor in title has caused to be duly registered in or for the country of origin of the applicant is registrable if, in Canada,

    • (a) it is not confusing with a registered trade-mark;

    • (b) it is not without distinctive character, having regard to all the circumstances of the case including the length of time during which it has been used in any country;

    • (c) it is not contrary to morality or public order or of such a nature as to deceive the public; or

    • (d) it is not a trade-mark of which the adoption is prohibited by section 9 or 10.

  • Marginal note:Trade-marks regarded as registered abroad

    (2) A trade-mark that differs from the trade-mark registered in the country of origin only by elements that do not alter its distinctive character or affect its identity in the form under which it is registered in the country of origin shall be regarded for the purpose of subsection (1) as the trade-mark so registered.

  • R.S., 1985, c. T-13, s. 14
  • 1994, c. 47, s. 194

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