Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
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Assented to 2014-06-19
PART 6VARIOUS MEASURES
Division 222006, c. 13Softwood Lumber Products Export Charge Act, 2006
312. Subsection 100(2) of the Act is repealed.
Division 232009, c. 2Budget Implementation Act, 2009
313. Subsection 295(1) of the Budget Implementation Act, 2009 is replaced by the following:
Marginal note:Maximum payment
295. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding $150,000,000 or any other amount that may be specified in an appropriation Act, to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime and a Canadian regulatory authority.
Division 24Securitization of Insured Mortgage or Hypothecary Loans
2011, c. 15, s. 20Protection of Residential Mortgage or Hypothecary Insurance Act
314. Section 19 of the Protection of Residential Mortgage or Hypothecary Insurance Act is replaced by the following:
Marginal note:Pre-existing contracts
19. If a winding-up order is made in respect of a company, a contract of insurance that the company entered into before the coming into force of this Act is deemed, in respect of a mortgage or hypothecary loan that is the subject of the contract of insurance, to be a policy issued to a qualified mortgage lender in respect of an eligible mortgage loan for the purposes of sections 16, 17 and 20 to 25, if
(a) Her Majesty would have been bound to make a payment in respect of the contract of insurance had section 44 not come into force; and
(b) the mortgage or hypothecary loan meets the criteria established by regulations made under subsection 42(1) that relate to a guarantee of payment referred to in subsection 14(1) of the National Housing Act.
315. Section 42 of the Act is amended by adding the following after subsection (1):
Marginal note:Criterion — guarantee
(1.1) Any criterion established by a regulation made under subsection (1) that relates to a guarantee of payment referred to in subsection 14(1) of the National Housing Act may apply to an existing insured mortgage or hypothecary loan.
R.S., c. N-11National Housing Act
316. Section 8.1 of the National Housing Act is amended by adding the following after subsection (1):
Marginal note:Criterion — guarantee
(1.1) Any criterion established by a regulation made under subsection (1) that relates to a guarantee of payment referred to in subsection 14(1) may apply to an existing insured loan.
Division 25R.S., c. T-13Amendments Relating to International Treaties on Trademarks
Amendments to the Trade-marks Act
317. The long title of the English version of the Trade-marks Act is replaced by the following:
318. Section 1 of the English version of the Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the Trademarks Act.
319. (1) The definition “distinguishing guise” in section 2 of the Act is repealed.
(2) The definitions “proposed trade-mark” and “representative for service” in section 2 of the Act are repealed.
(3) The definition “wares” in section 2 of the Act is repealed.
(4) The definitions “certification mark” and “trade-mark” in section 2 of the Act are replaced by the following:
“certification mark”
« marque de certification »
“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
(a) the character or quality of the goods or services,
(b) the working conditions under which the goods are produced or the services performed,
(c) the class of persons by whom the goods are produced or the services performed, or
(d) the area within which the goods are produced or the services performed;
“trademark”
« marque de commerce »
“trademark” means
(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
(b) a certification mark;
(5) Section 2 of the Act is amended by adding the following in alphabetical order:
“Nice Classification”
« classification de Nice »
“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;
“sign”
« signe »
“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;
320. The Act is amended by adding the following after section 2:
Marginal note:Reference to “person”
2.1 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.
321. (1) Subsections 6(2) to (4) of the Act are replaced by the following:
Marginal note:Confusion — trademark with other trademark
(2) 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.
Marginal note:Confusion — trademark with trade name
(3) 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.
Marginal note:Confusion — trade name with trademark
(4) 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.
(2) Paragraph 6(5)(e) of the Act is replaced by the following:
(e) the degree of resemblance between the trademarks or trade names, including in appearance or sound or in the ideas suggested by them.
322. The heading before section 7 of the Act is replaced by the following:
UNFAIR COMPETITION AND PROHIBITED SIGNS
323. (1) Paragraph 9(1)(d) of the French version of the Act is replaced by the following:
d) un mot ou symbole susceptible de porter à croire que les produits ou services en liaison avec lesquels il est employé ont reçu l’approbation royale, vice-royale ou gouvernementale, ou que leur production, leur vente ou leur exécution a lieu sous le patronage ou sur l’autorité royale, vice-royale ou gouvernementale;
Marginal note:1994, c. 47, s. 191(2)
(2) Paragraph 9(1)(i.3) of the Act is replaced by the following:
(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;
Marginal note:1993, c. 15, s. 58(4)
(3) Paragraph 9(2)(b)(ii) is replaced by the following:
(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.
324. Section 10 of the Act is replaced by the following:
Marginal note:Further prohibitions
10. 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.
325. Section 11 of the Act is replaced by the following:
Marginal note:Further prohibitions
11. 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.
326. (1) The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:When trademark registrable
12. (1) Subject to subsection (2), a trademark is registrable if it is not
Marginal note:1993, c. 15, s. 59(F)
(2) Paragraph 12(1)(b) of the French version of the Act is replaced by the following:
b) qu’elle soit sous forme graphique, écrite ou sonore, elle donne une description claire ou donne une description fausse et trompeuse, en langue française ou anglaise, de la nature ou de la qualité des produits ou services en liaison avec lesquels elle est employée, ou en liaison avec lesquels on projette de l’employer, ou des conditions de leur production, ou des personnes qui les produisent, ou de leur lieu d’origine;
(3) Paragraph 12(1)(e) of the Act is replaced by the following:
(e) a sign or combination of signs whose adoption is prohibited by section 9 or 10;
(4) Subsection 12(2) of the Act is replaced by the following:
Marginal note:Utilitarian function
(2) A trademark is not registrable if, in relation to the goods or services in association with which it is used or proposed to be used, its features are dictated primarily by a utilitarian function.
Marginal note:Registrable if distinctive
(3) A trademark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it is distinctive at the filing date of an application for its registration, having regard to all the circumstances of the case including the length of time during which it has been used.
327. Section 13 of the Act is repealed.
Marginal note:1994, c. 47, s. 194
328. Sections 14 and 15 of the Act are replaced by the following:
Marginal note:Registration of confusing trademarks
15. Despite section 12, confusing trademarks are registrable if the applicant is the owner of all of the confusing trademarks.
329. The heading before section 16 of the French version of the Act is replaced by the following:
PERSONNES AYANT DROIT À L’ENREGISTREMENT D’UNE MARQUE DE COMMERCE
330. (1) The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Entitlement to registration
16. (1) Any applicant who has filed an application in accordance with subsection 30(2) for the registration of a registrable trademark is entitled, subject to section 38, to secure its registration in respect of the goods or services specified in the application, unless at the filing date of the application or the date of first use of the trademark in Canada, whichever is earlier, it was confusing with
Marginal note:1994, c. 47, s. 195
(2) Subsections 16(2) to (5) of the Act are replaced by the following:
Marginal note:Pending application
(2) The right of an applicant to secure registration of a registrable trademark is not affected by the previous filing of an application for registration of a confusing trademark by another person, unless the application for registration of the confusing trademark was pending on the day on which the applicant’s application is advertised under subsection 37(1).
Marginal note:Previous use or making known
(3) The right of an applicant to secure registration of a registrable trademark is not affected by the previous use or making known of a confusing trademark or trade name by another person, if the confusing trademark or trade name was abandoned on the day on which the applicant’s application is advertised under subsection 37(1).
331. The Act is amended by adding the following after section 18:
Marginal note:Not to limit art or industry
18.1 The registration of a trademark may be expunged by the Federal Court on the application of any person interested if the Court decides that the registration is likely to unreasonably limit the development of any art or industry.
332. Section 20 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception — utilitarian feature
(1.1) The registration of a trademark does not prevent a person from using any utilitarian feature embodied in the trademark.
333. Subsection 21(1) of the English version of the Act is replaced by the following:
Marginal note:Concurrent use of confusing marks
21. (1) If, in any proceedings respecting a registered trademark the registration of which is entitled to the protection of subsection 17(2), it is made to appear to the Federal Court that one of the parties to the proceedings, other than the registered owner of the trademark, had in good faith used a confusing trademark or trade name in Canada before the filing date of the application for that registration, and the Court considers that it is not contrary to the public interest that the continued use of the confusing trademark or trade name should be permitted in a defined territorial area concurrently with the use of the registered trademark, the Court may, subject to any terms that it considers just, order that the other party may continue to use the confusing trademark or trade name within that area with an adequate specified distinction from the registered trademark.
334. (1) Subsections 23(1) to (3) of the Act are replaced by the following:
Marginal note:Registration of certification marks
23. (1) A certification mark may be adopted and registered only by a person who 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.
Marginal note:Licence
(2) The owner of a certification mark may license others to use it in association with goods or services that meet the defined standard, and the use of the certification mark accordingly is deemed to be use by the owner.
Marginal note:Unauthorized use
(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.
(2) Subsection 23(4) of the English version of the Act is replaced by the following:
Marginal note:Action by unincorporated body
(4) If the owner of a registered certification mark is an unincorporated body, any action or proceeding to prevent unauthorized use of the certification mark may be brought by any member of that body on behalf of themselves and all other members.
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