(8)Â The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry on the list or of any statement by the Minister. (5)Â For the purpose of subsection 11.2(3) of the Act, the reference to âthe day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)â is to be read, with respect to those indications, as a reference to âthe day on which this section comes into forceâ. (12)Â After considering the evidence and representations of the opponent and the applicant, the Registrar shall refuse the application, reject the opposition, or refuse the application with respect to one or more of the goods or services specified in it and reject the opposition with respect to the others. Trademark agents — country other than Canada. These changes were made to enable Canada to join the Singapore Treaty on the Law of Trademarks, the Madrid Protocol, and the … (c) the goods for which the trademark is registered or, in the case of a geographical indication, the goods identified by the indication. Marginal note:Application of paragraph 26(2)(e.1). (c)Â providing for such other matters as the court considers appropriate. (b)Â a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. Categories of Agricultural Products or Food. 1 This Act may be cited as the Trademarks Act. (5) The Registrar may, within six months after the day on which an indication or a translation of an indication is entered on the list, correct any error in that entry that is obvious from the documents relating to the indication or the translation in question that are, at the time that the entry is made, on file in the Registrar’s office. (3) The owner of a registered certification mark may prevent its use by unlicensed persons or in association with any goods or services in respect of which it is registered but to which the licence does not extend. (3)Â During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication âJambon de Bayonneâ, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013. 29 (1) The following shall be made available to the public at the times and in the manner established by the Registrar: (b) all applications for the registration of a trademark, including those abandoned; (d) the list of geographical indications kept under subsection 11.12(1); (e) all requests made under paragraph 9(1)(n); and. Marginal note:Statement of Minister â translation, (2.1)Â If a statement by the Minister is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3.1) in respect of a translation of an indication on the list that identifies an agricultural product or food, the Registrar shall enter the translation on the list if, (a)Â no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of the statement of objection has expired; or. (4)Â The Registrar shall, subject to the regulations, register the transfer of any registered trademark on the request of the registered owner or, on receipt of evidence satisfactory to the Registrar of the transfer, on the request of a transferee of the trademark. (3)Â The use of a trademark causes confusion with a trade name if the use of both the trademark and trade name in the same area would be likely to lead to the inference that the goods or services associated with the trademark and those associated with the business carried on under the trade name are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification. (2)Â No extension under subsection (1) shall be granted more than once. 57 (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to order that any entry in the register be struck out or amended on the ground that at the date of the application the entry as it appears on the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the trademark. 53, 54(F), 2014, c. 20, ss. In Canada, passing off is both a common law tort and a statutory cause of action under the Canadian Trade-marks Act referring to the deceptive representation or marketing of goods or services by competitors in a manner that confuses consumers. 54 (1) Evidence of any document in the official custody of the Registrar or of any extract therefrom may be given by the production of a copy thereof purporting to be certified to be true by the Registrar. 51.08 After a sample or information has been provided under subsection 51.06(1), a customs officer may, in the officer’s discretion, give the owner, importer, exporter and consignee of the detained goods and the owner of the relevant protected mark an opportunity to inspect the goods. (d)Â the Registrar shall take measures to ensure that the evidence is kept confidential when the evidence or a copy of the evidence is transmitted to the Federal Court under section 60. (b) the owner of the registered trademark has not consented to the sale or advertisement in association with the trademark. INTERPRETATION. 135Â (2)Â Where a notice was sent under subsection 46(2) of the said Act before the coming into force of subsection (1), the renewal of the registration of the trademark shall be dealt with and disposed of as if subsection (1) had not come into force. (2)Â An appeal under subsection (1) shall be made by way of notice of appeal filed with the Registrar and in the Federal Court. 11.14Â (1)Â No person shall adopt in connection with a business, as a trademark or otherwise, (a)Â a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication; or. Marginal note:Definitions2 In this Act,Reference to person2.1 Unless the context requires otherwise, a reference to person in this Act, in relation to a trademark, includes two or more persons who, by agreement, do not have the right to use the trademark in Canada except on behalf of both or all of them.Marginal note:When deemed to be adopted3 A trademark is deemed to have been adopted by a person when that person or his predecessor in title commenced to use it in Canada or to make it known … 256Â (1)Â Paragraph 29(1)(c) of the Act is repealed. 53.2 (1) If a court is satisfied, on application of any interested person, that any act has been done contrary to this Act, the court may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits, for punitive damages and for the destruction or other disposition of any offending goods, packaging, labels and advertising material and of any equipment used to produce the goods, packaging, labels or advertising material. (2.1)Â Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of a translation of a protected geographical indication that is identical to a term customary in common language in Canada as the common name for a wine or spirit or an agricultural product or food. 217Â (1)Â Section 11.13 of the Act is amended by adding the following after subsection (6.1): (6.2)Â If, in the opinion of the Registrar, an objector is in default in the continuation of an objection, the Registrar may, after giving notice to the objector of the default, treat the objection as withdrawn unless the default is remedied within the time specified in the notice. (5)Â If the Registrar makes an order under subsection (4). Marginal note:Continued use â wines or spirits, 11.17Â (1)Â Section 11.14 does not apply to the continued and similar use of a protected geographical indication identifying a wine or spirit, or any translation of it in any language, by a Canadian who has used it in a continuous manner in relation to any business or commercial activity in respect of goods or services, (a)Â in good faith before April 15, 1994; or. (5)Â The Registrar shall act in accordance with his decision if no appeal therefrom is taken within the time limited by this Act or, if an appeal is taken, shall act in accordance with the final judgment given in the appeal. (a) the sale or distribution of the wine or spirit or the agricultural product or food — or, if the label or packaging of that wine, spirit or agricultural product or food bears a protected geographical indication and the sale or distribution of that wine, spirit or agricultural product or food in association with that label or packaging — would not be contrary to this Act; (b) the wine or spirit or the agricultural product or food is imported or exported by an individual in their possession or baggage and the circumstances, including the number of such goods, indicate that they are intended only for the individual’s personal use. 216Â The Act is amended by adding the following after section 11: 11.01Â Despite section 11, a person may use a badge, crest, emblem or mark described in subparagraph 9(1)(n)(iii) if, at the time of use, the entity that made the request for a public notice under paragraph 9(1)(n) with respect to the badge, crest, emblem or mark is not a public authority or no longer exists. 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