Trademarks Act

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Sections1,031

• 1Short title

  This Act may be cited as the Trademarks Act.

• 2Definitions

  In this Act,

• 2[p2]

  certification mark means a sign or combination of signs that is used or proposed to be used for the purpose of distinguishing or so as to distinguish goods or services that are of a defined standard from those that are not of that defined standard, with respect to

• 2[p2](a)

  the character or quality of the goods or services,

• 2[p2](b)

  the working conditions under which the goods are produced or the services performed,

• 2[p2](c)

  the class of persons by whom the goods are produced or the services performed, or

• 2[p2](d)

  the area within which the goods are produced or the services performed; (marque de certification)

• 2[p7]

  confusing, when applied as an adjective to a trademark or trade name, means, except in sections 11.13 and 11.21, a trademark or trade name the use of which would cause confusion in the manner and circumstances described in section 6; (créant de la confusion)

• 2[p8]

  Convention means the Convention of the Union of Paris made on March 20, 1883 and any amendments and revisions thereof made before or after July 1, 1954 to which Canada is party; (Convention)

• 2[p9]

  country of origin means

• 2[p9](a)

  the country of the Union in which the applicant for registration of a trademark had at the date of the application a real and effective industrial or commercial establishment, or

• 2[p9](b)

  if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a), the country of the Union where he on that date had his domicile, or

• 2[p9](c)

  if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a) or a domicile as described in paragraph (b), the country of the Union of which he was on that date a citizen or national; (pays d’origine)

• 2[p13]

  country of the Union means

• 2[p13](a)

  any country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or

• 2[p13](b)

  any WTO Member; (pays de l’Union)

• 2[p16]

  distinctive, in relation to a trademark, describes a trademark that actually distinguishes the goods or services in association with which it is used by its owner from the goods or services of others or that is adapted so to distinguish them; (distinctive)

• 2[p17]Repealed

  distinguishing guise[Repealed, 2014, c. 20, s. 319]

• 2[p18]

  geographical indication means an indication that identifies a wine or spirit, or an agricultural product or food of a category set out in the schedule, as originating in the territory of a WTO Member, or a region or locality of that territory, if a quality, reputation or other characteristic of the wine or spirit or the agricultural product or food is essentially attributable to its geographical origin; (indication géographique)

• 2[p19]

  Nice Classification means the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, signed at Nice on June 15, 1957, including any amendments, modifications and revisions made from time to time to which Canada is a party; (classification de Nice)

• 2[p20]

  owner, in relation to a certification mark, means the person by whom the defined standard has been established; (propriétaire)

• 2[p21]Repealed

  package[Repealed, 2014, c. 32, s. 7]

• 2[p22]

  person includes any lawful trade union and any lawful association engaged in trade or business or the promotion thereof, and the administrative authority of any country, state, province, municipality or other organized administrative area; (personne)

• 2[p23]

  person interested includes any person who is affected or reasonably apprehends that he may be affected by any entry in the register, or by any act or omission or contemplated act or omission under or contrary to this Act, and includes the Attorney General of Canada; (personne intéressée)

• 2[p24]

  prescribed means prescribed by or under the regulations; (prescrit)

• 2[p25]Repealed

  proposed trade-mark[Repealed, 2014, c. 20, s. 319]

• 2[p26]

  protected geographical indication means a geographical indication that is on the list kept pursuant to subsection 11.12(1); (indication géographique protégée)

• 2[p27]

  register means the register kept under section 26; (registre)

• 2[p28]

  registered trademark means a trademark that is on the register; (marque de commerce déposée)

• 2[p29]Repealed

  registered user[Repealed, 1993, c. 15, s. 57]

• 2[p30]

  Registrar means the Registrar of Trademarks who is described in subsection 63(1); (registraire)

• 2[p31]

  related companies means companies that are members of a group of two or more companies one of which, directly or indirectly, owns or controls a majority of the issued voting stock of the others; (compagnies connexes)

• 2[p32]

  release has the same meaning as in subsection 2(1) of the Customs Act; (dédouanement)

• 2[p33]Repealed

  representative for service[Repealed, 2014, c. 20, s. 319]

• 2[p34]

  sign includes a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign; (signe)

• 2[p35]

  trademark means

• 2[p35](a)

  a sign or combination of signs that is used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others, or

• 2[p35](b)

  a certification mark; (marque de commerce)

• 2[p38]

  trade name means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; (nom commercial)

• 2[p39]

  use, in relation to a trademark, means any use that by section 4 is deemed to be a use in association with goods or services; (emploi ou usage)

• 2[p40]Repealed

  wares[Repealed, 2014, c. 32, s. 7]

• 2[p41]

  WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act; (Accord sur l’OMC)

• 2[p42]

  WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. (membre de l’OMC)

• 2.1Reference to person

  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.

• 3When deemed to be adopted

  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 in Canada or, if that person or his predecessor had not previously so used it or made it known, when that person or his predecessor filed an application for its registration in Canada.

• 4When deemed to be used
• 4(1)

  A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked on the goods themselves or on the packages in which they are distributed or it is in any other manner so associated with the goods that notice of the association is then given to the person to whom the property or possession is transferred.

• 4(2)Idem

  A trademark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services.

• 4(3)Use by export

  A trademark that is marked in Canada on goods or on the packages in which they are contained is, when the goods are exported from Canada, deemed to be used in Canada in association with those goods.

• 5When deemed to be made known

  A trademark is deemed to be made known in Canada by a person only if it is used by that person in a country of the Union, other than Canada, in association with goods or services, and and it has become well known in Canada by reason of the distribution or advertising.

• 5(a)

  the goods are distributed in association with it in Canada, or

• 5(b)

  the goods or services are advertised in association with it in

• 5(b)(i)

  any printed publication circulated in Canada in the ordinary course of commerce among potential dealers in or users of the goods or services, or

• 5(b)(ii)

  radio broadcasts ordinarily received in Canada by potential dealers in or users of the goods or services,

• 6When mark or name confusing
• 6(1)

  For the purposes of this Act, a trademark or trade name is confusing with another trademark or trade name if the use of the first mentioned trademark or trade name would cause confusion with the last mentioned trademark or trade name in the manner and circumstances described in this section.

• 6(2)Confusion — trademark with other trademark

  The use of a trademark causes confusion with another trademark if the use of both trademarks in the same area would be likely to lead to the inference that the goods or services associated with those trademarks 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.

• 6(3)Confusion — trademark with trade name

  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.

• 6(4)Confusion — trade name with trademark

  The use of a trade name causes confusion with a trademark if the use of both the trade name and trademark in the same area would be likely to lead to the inference that the goods or services associated with the business carried on under the trade name and those associated with the trademark 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.

• 6(5)What to be considered

  In determining whether trademarks or trade names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including

• 6(5)(a)

  the inherent distinctiveness of the trademarks or trade names and the extent to which they have become known;

• 6(5)(b)

  the length of time the trademarks or trade names have been in use;

• 6(5)(c)

  the nature of the goods, services or business;

• 6(5)(d)

  the nature of the trade; and

• 6(5)(e)

  the degree of resemblance between the trademarks or trade names, including in appearance or sound or in the ideas suggested by them.

• 7Prohibitions

  No person shall

• 7(a)

  make a false or misleading statement tending to discredit the business, goods or services of a competitor;

• 7(b)

  direct public attention to his goods, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his goods, services or business and the goods, services or business of another;

• 7(c)

  pass off other goods or services as and for those ordered or requested; or

• 7(d)

  make use, in association with goods or services, of any description that is false in a material respect and likely to mislead the public as to of the goods or services.

• 7(d)(i)

  the character, quality, quantity or composition,

• 7(d)(ii)

  the geographical origin, or

• 7(d)(iii)

  the mode of the manufacture, production or performance

• 7(e)Repealed

  [Repealed, 2014, c. 32, s. 10]

• 8Warranty of lawful use

  Every person who in the course of trade transfers the property in or the possession of any goods bearing, or in packages bearing, any trademark or trade name shall, unless before the transfer he otherwise expressly states in writing, be deemed to warrant, to the person to whom the property or possession is transferred, that the trademark or trade name has been and may be lawfully used in connection with the goods.

• 9Prohibited marks
• 9(1)

  No person shall adopt in connection with a business, as a trademark or otherwise, any mark consisting of, or so nearly resembling as to be likely to be mistaken for,

• 9(1)(a)

  the Royal Arms, Crest or Standard;

• 9(1)(b)

  the arms or crest of any member of the Royal Family;

• 9(1)(c)

  the standard, arms or crest of His Excellency the Governor General;

• 9(1)(d)

  any word or symbol likely to lead to the belief that the goods or services in association with which it is used have received, or are produced, sold or performed under, royal, vice-regal or governmental patronage, approval or authority;

• 9(1)(e)

  the arms, crest or flag adopted and used at any time by Canada or by any province or municipal corporation in Canada in respect of which the Registrar has, at the request of the Government of Canada or of the province or municipal corporation concerned, given public notice of its adoption and use;

• 9(1)(f)

  the emblem of the Red Cross on a white ground, formed by reversing the federal colours of Switzerland and retained by the Geneva Convention for the Protection of War Victims of 1949 as the emblem and distinctive sign of the Medical Service of armed forces and used by the Canadian Red Cross Society, or the expression “Red Cross” or “Geneva Cross”;

• 9(1)(g)

  the emblem of the Red Crescent on a white ground adopted for the same purpose as specified in paragraph (f);

• 9(1)(g.1)

  the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, adopted for the same purpose as specified in paragraph (f);

• 9(1)(h)

  the equivalent sign of the Red Lion and Sun used by Iran for the same purpose as specified in paragraph (f);

• 9(1)(h.1)

  the international distinctive sign of civil defence (equilateral blue triangle on an orange ground) referred to in Article 66, paragraph 4 of Schedule V to the Geneva Conventions Act;

• 9(1)(i)

  any territorial or civic flag or any national, territorial or civic arms, crest or emblem, of a country of the Union, if the flag, arms, crest or emblem is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication;

• 9(1)(i.1)

  any official sign or hallmark indicating control or warranty adopted by a country of the Union, if the sign or hallmark is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication;

• 9(1)(i.2)

  any national flag of a country of the Union;

• 9(1)(i.3)

  any armorial bearing, flag or other emblem, or the name or any abbreviation of the name, of an international intergovernmental organization, if the armorial bearing, flag, emblem, name or abbreviation is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication;

• 9(1)(j)

  any scandalous, obscene or immoral word or device;

• 9(1)(k)

  any matter that may falsely suggest a connection with any living individual;

• 9(1)(l)

  the portrait or signature of any individual who is living or has died within the preceding thirty years;

• 9(1)(m)

  the words “United Nations” or the official seal or emblem of the United Nations;

• 9(1)(n)

  any badge, crest, emblem or mark in respect of which the Registrar has, at the request of Her Majesty or of the university or public authority, as the case may be, given public notice of its adoption and use;

• 9(1)(n)(i)

  adopted or used by any of Her Majesty’s Forces as defined in the National Defence Act,

• 9(1)(n)(ii)

  of any university, or

• 9(1)(n)(iii)

  adopted and used by any public authority, in Canada as an official mark for goods or services,

• 9(1)(n.1)

  any armorial bearings granted, recorded or approved for use by a recipient pursuant to the prerogative powers of Her Majesty as exercised by the Governor General in respect of the granting of armorial bearings, if the Registrar has, at the request of the Governor General, given public notice of the grant, recording or approval; or

• 9(1)(o)

  the name “Royal Canadian Mounted Police” or “R.C.M.P.” or any other combination of letters relating to the Royal Canadian Mounted Police, or any pictorial representation of a uniformed member thereof.

• 9(2)Excepted uses

  Nothing in this section prevents the adoption, use or registration as a trademark or otherwise, in connection with a business, of any mark

• 9(2)(a)

  described in subsection (1) with the consent of Her Majesty or such other person, society, authority or organization as may be considered to have been intended to be protected by this section; or

• 9(2)(b)

  consisting of, or so nearly resembling as to be likely to be mistaken for

• 9(2)(b)(i)

  an official sign or hallmark mentioned in paragraph (1)(i.1), except in respect of goods that are the same or similar to the goods in respect of which the official sign or hallmark has been adopted, or

• 9(2)(b)(ii)

  an armorial bearing, flag, emblem, name or abbreviation mentioned in paragraph (1)(i.3), unless the use of the mark is likely to mislead the public as to a connection between the user and the organization.

• 9(3)For greater certainty

  For greater certainty, and despite any public notice of adoption and use given by the Registrar under paragraph (1)(n), subparagraph (1)(n)(iii) does not apply with respect to a badge, crest, emblem or mark if the entity that made the request for the public notice is not a public authority or no longer exists.

• 9(4)Notice of non-application

  In the circumstances set out in subsection (3), the Registrar may, on his or her own initiative or at the request of a person who pays a prescribed fee, give public notice that subparagraph (1)(n)(iii) does not apply with respect to the badge, crest, emblem or mark.

• 10Further prohibitions

  If any sign or combination of signs has by ordinary and bona fide commercial usage become recognized in Canada as designating the kind, quality, quantity, destination, value, place of origin or date of production of any goods or services, no person shall adopt it as a trademark in association with the goods or services or others of the same general class or use it in a way likely to mislead, nor shall any person so adopt or so use any sign or combination of signs so nearly resembling that sign or combination as to be likely to be mistaken for it.

• 10.1Further prohibitions

  Where a denomination must, under the Plant Breeders’ Rights Act, be used to designate a plant variety, no person shall adopt it as a trademark in association with the plant variety or another plant variety of the same species or use it in a way likely to mislead, nor shall any person so adopt or so use any mark so nearly resembling that denomination as to be likely to be mistaken therefor.

• 11Further prohibitions

  No person shall use in connection with a business, as a trademark or otherwise, any sign or combination of signs adopted contrary to section 9 or 10.

• 11.01Exception

  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.

• 11.1Further prohibitions

  No person shall use in connection with a business, as a trademark or otherwise, any denomination adopted contrary to section 10.1.

• 11.11(1)[p112]
• 11.11Definitions
• 11.11(1)[p113]
• 11.11(1)

  The following definitions apply in this section and in sections 11.12 to 11.24.

• 11.11(1)[p115]

  Minister means the Minister designated under subsection (2). (ministre)

• 11.11(1)[p116]

  responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the schedule, the person, firm or other entity that, in the Minister’s opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable about that wine or spirit or that agricultural product or food to be a party to any proceedings under this Act. (autorité compétente)

• 11.11(2)Designation of Minister

  The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this section and sections 11.12 to 11.24.

• 11.11(3)When indication confusing with trademark

  For the purposes of sections 11.13 and 11.21, an indication identifying an agricultural product or food is confusing with a trademark if the use of both the indication and the trademark in the same area would be likely to lead to the inference that the agricultural product or food associated with the indication originates from the same source as the goods or services associated with the trademark.

• 11.11(4)What to be considered

  For the purposes of sections 11.13 and 11.21, in determining whether an indication is confusing with a trademark, the Registrar or the Federal Court, as the case may be, shall have regard to all the surrounding circumstances, including

• 11.11(4)(a)

  the length of time that the indication has been used to identify the agricultural product or food with which it is associated as originating in the territory, or the region or locality of a territory, and the extent to which it has become known;

• 11.11(4)(b)

  the degree of resemblance between the indication and the trademark, including in appearance or sound or in the ideas suggested by them; and

• 11.11(4)(c)

  with respect to the trademark,

• 11.11(4)(c)(i)

  its inherent distinctiveness and the extent to which it has become known,

• 11.11(4)(c)(ii)

  the length of time that it has been in use, and

• 11.11(4)(c)(iii)

  the nature of the goods, services or business that is associated with it.

• 11.12List
• 11.12(1)

  There shall be kept under the supervision of the Registrar a list of geographical indications and, in the case of geographical indications identifying an agricultural product or food, translations of those indications.

• 11.12(2)Statement of Minister — indication

  If a statement by the Minister in respect of an indication is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3), the Registrar shall enter the indication, and any translation of the indication set out in the statement, on the list if

• 11.12(2)(a)

  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 a statement of objection has expired; or

• 11.12(2)(b)

  a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal.

• 11.12(2.1)Statement of Minister — translation

  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

• 11.12(2.1)(a)

  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

• 11.12(2.1)(b)

  a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal.

• 11.12(3)Information — indication

  For the purposes of subsection (2), the statement by the Minister must set out all of the following information:

• 11.12(3)(a)

  that the Minister proposes that the indication and, if applicable, a translation of the indication, in the case of an indication that identifies an agricultural product or food, be entered on the list;

• 11.12(3)(b)

  in the case of an indication that identifies a wine or spirit, that the indication identifies a wine or that the indication identifies a spirit;

• 11.12(3)(b.1)

  in the case of an indication that identifies an agricultural product or food, the common name of the agricultural product or food and the category set out in the schedule to which it belongs;

• 11.12(3)(c)

  the territory, or the region or locality of a territory, in which the wine or spirit or the agricultural product or food is identified as originating;

• 11.12(3)(d)

  the name of the responsible authority in relation to the wine or spirit or the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself;

• 11.12(3)(e)

  the quality, reputation or other characteristic of the wine or spirit or the agricultural product or food that, in the Minister’s opinion, qualifies that indication as a geographical indication;

• 11.12(3)(f)

  that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, the indication is protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, as well as particulars of the protection.

• 11.12(3.1)Information — translation

  For the purposes of subsection (2.1), the statement by the Minister must set out all of the following information:

• 11.12(3.1)(a)

  that the Minister proposes that the translation be entered on the list;

• 11.12(3.1)(b)

  the indication on the list that corresponds to the translation;

• 11.12(3.1)(c)

  the common name of the agricultural product or food that the indication identifies and the category set out in the schedule to which it belongs;

• 11.12(3.1)(d)

  the name of the responsible authority in relation to the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself.

• 11.12(4)Removal from list

  The Registrar shall remove an indication or any translation of an indication from the list

• 11.12(4)(a)

  on the publication of a statement by the Minister on the website of the Canadian Intellectual Property Office specifying that the indication or the translation is to be removed; or

• 11.12(4)(b)

  if the Federal Court makes an order under subsection 11.21(1) for the removal of the indication or the translation.

• 11.12(5)Obvious error

  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.

• 11.12(6)Evidence of entry

  A copy of any entry on the list purporting to be certified to be true by the Registrar is evidence of the facts set out in it.

• 11.12(7)Evidence of statement

  Evidence of a statement by the Minister may be given by the production of a copy of the statement purporting to be certified to be true by the Registrar.

• 11.12(8)Certified copies

  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.

• 11.13Statement of objection
• 11.13(1)

  Within two months after the publication of a statement referred to in subsection 11.12(2) or (2.1), any person interested may, on payment of the prescribed fee, file with the Registrar, and serve on the responsible authority in the prescribed manner, a statement of objection.

• 11.13(2)Grounds — indication

  A statement of objection with respect to an indication may be based on any of the following grounds:

• 11.13(2)(a)

  that, when the statement by the Minister is published, the indication is not a geographical indication;

• 11.13(2)(b)

  that, when the statement by the Minister is published, the indication is identical to a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food;

• 11.13(2)(c)

  that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, when the statement by the Minister is published, the indication is not protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating;

• 11.13(2)(d)

  in the case of an indication identifying an agricultural product or food, that, when the statement by the Minister is published, the indication is confusing with

• 11.13(2)(d)(i)

  a registered trademark,

• 11.13(2)(d)(ii)

  a trademark that was previously used in Canada and that has not been abandoned, or

• 11.13(2)(d)(iii)

  a trademark in respect of which an application for registration was previously filed in Canada and remains pending.

• 11.13(2.1)Grounds — translation

  A statement of objection with respect to a translation may be based on any of the following grounds:

• 11.13(2.1)(a)

  that, when the statement by the Minister is published, the translation is not a faithful translation of the indication;

• 11.13(2.1)(b)

  that, when the statement by the Minister is published, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food;

• 11.13(2.1)(c)

  that, when the statement by the Minister is published, the translation is confusing with

• 11.13(2.1)(c)(i)

  a registered trademark,

• 11.13(2.1)(c)(ii)

  a trademark that was previously used in Canada and that has not been abandoned, or

• 11.13(2.1)(c)(iii)

  a trademark in respect of which an application for registration was previously filed in Canada and remains pending.

• 11.13(3)Content

  A statement of objection shall set out

• 11.13(3)(a)

  each ground of objection in sufficient detail to enable the responsible authority to reply to it; and

• 11.13(3)(b)

  the address of the objector’s principal office or place of business in Canada, if any, and if the objector has no office or place of business in Canada, the address of the principal office or place of business abroad and the name and address in Canada of a person or firm on whom service of any document in respect of the objection may be made with the same effect as if it had been served on the objector.

• 11.13(3.1)Frivolous objection

  At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request or on his or her own initiative, reject the statement of objection if the Registrar considers that the statement does not raise a substantial issue for decision and shall give notice of his or her decision to the objector and to the responsible authority.

• 11.13(3.2)Power to strike

  At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request, strike all or part of the statement of objection if the statement or part of it

• 11.13(3.2)(a)

  is not based on any of the grounds set out in subsection (2) or (2.1); or

• 11.13(3.2)(b)

  does not set out a ground of objection in sufficient detail to enable the responsible authority to reply to it.

• 11.13(4)Counter statement

  Within two months after a statement of objection has been served on the responsible authority, the responsible authority may file a counter statement with the Registrar and serve a copy on the objector in the prescribed manner, and if the responsible authority does not so file and serve a counter statement, the indication or the translation shall not be entered on the list kept under subsection 11.12(1). The counter statement need only state that the responsible authority intends to respond to the objection.

• 11.13(5)Evidence and hearing

  Both the objector and the responsible authority shall be given an opportunity, in the prescribed manner and within the prescribed time, to submit evidence and to make representations to the Registrar unless

• 11.13(5)(a)

  the responsible authority does not file and serve a counter statement in accordance with subsection (4) or if, in the prescribed circumstances, the responsible authority does not submit evidence or a statement that the responsible authority does not wish to submit evidence; or

• 11.13(5)(b)

  the objection is withdrawn or deemed under subsection (6) to have been withdrawn.

• 11.13(5.1)Service

  The objector and the responsible authority shall, in the prescribed manner and within the prescribed time, serve on each other any evidence and written representations that they submit to the Registrar.

• 11.13(6)No evidence — objector

  The objection is deemed to have been withdrawn if, in the prescribed circumstances, the objector does not submit and serve evidence or a statement that the objector does not wish to submit evidence.

• 11.13(6.1)No evidence — responsible authority

  The indication or the translation shall not be entered on the list if, in the prescribed circumstances, the responsible authority does not submit and serve evidence or a statement that the responsible authority does not wish to submit evidence.

• 11.13(6.2)Withdrawal of objection

  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.

• 11.13(7)Decision

  After considering the evidence and representations of the objector and the responsible authority, the Registrar shall accept or reject the objection, in whole or in part, and notify the parties of the decision and the reasons for it.

• 11.13(8)Effect of decision on translations

  The Registrar shall not enter any translation of an indication on the list if the Registrar accepts the objection with respect to the indication or, if an appeal is taken, the objection is accepted in the final judgment given in the appeal.

• 11.13(9)Costs

  Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section.

• 11.13(10)Order of Federal Court

  A certified copy of an order made under subsection (9) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.

• 11.14Prohibited adoption of indication for wines
• 11.14(1)

  No person shall adopt in connection with a business, as a trademark or otherwise,

• 11.14(1)(a)

  a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication; or

• 11.14(1)(b)

  a translation in any language of the geographical indication in respect of that wine.

• 11.14(2)Prohibited use

  No person shall use in connection with a business, as a trademark or otherwise,

• 11.14(2)(a)

  a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or

• 11.14(2)(b)

  a translation in any language of the geographical indication in respect of that wine.

• 11.14(3)Prohibited use

  No person shall use in connection with a business, as a trademark or otherwise,