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Trademarks Act (R.S.C., 1985, c. T-13)

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Act current to 2021-06-03 and last amended on 2020-07-01. Previous Versions

Register of Trademarks (continued)

Marginal note:Register under Unfair Competition Act

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:List of trademark agents

 There shall be kept under the supervision of the Registrar a list of trademark agents, which shall include the names of all persons and firms entitled to represent applicants and others, including the registered owner of a trademark and parties to the proceedings under sections 38 and 45, in all business before the Office of the Registrar of Trademarks.

  • R.S., 1985, c. T-13, s. 28
  • 1993, c. 15, s. 62
  • 2014, c. 20, s. 338, c. 32, s. 28

Marginal note:Available to public

  •  (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) the list of trademark agents;

    • (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.

  • Marginal note: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 lists, 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

Marginal note:Destruction of records

 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.

Applications for Registration of Trademarks

Marginal note:Requirements for application

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Standard characters

 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.

 
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