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Canada Not-for-profit Corporations Regulations

Version of section 42 from 2022-08-31 to 2024-10-30:

  •  (1) The following definitions apply in this Part.

    corporate name

    corporate name[Repealed, SOR/2022-40, s. 46]

    deceptively misdescriptive

    deceptively misdescriptive means, in respect of a corporate name, that the name is likely to mislead the public, in any language, with respect to any of the following:

    • (a) the activities, goods or services in association with which it is proposed to be used;

    • (b) the conditions under which the goods or services will be produced or supplied or the persons to be employed in the production or supply of the goods or services; and

    • (c) the place of origin of the goods or services. (fausse et trompeuse)

    distinctive

    distinctive, in relation to a trade-name, considered as a whole and by its separate elements, means a trade-name that distinguishes the activities in association with which it is used or intended to be used by its owner from any other activities or that is adapted to so distinguish them. (distinctive)

    official mark

    official mark means an official mark referred to in subparagraph 9(1)(n)(iii) of the Trademarks Act. (marque officielle)

    trademark

    trademark means a trademark as defined in section 2 of the Trademarks Act. (marque de commerce)

    trade-name

    trade-name means a name that has been reserved by the Director under subsection 12(1) of the Act, or the name under which activities are carried on, or intended to be carried on, whether it is a corporate name or the name of a body corporate, trust, partnership, sole proprietorship or individual. (dénomination commerciale)

    use

    use means the actual use by a person that carries on activities in Canada or elsewhere. (emploi)

  • (2) For greater certainty, this Part applies to the corporate name of an amalgamated corporation.

  • 2014, c. 20, s. 366(E)
  • SOR/2022-40, s. 46

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