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
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