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Trademarks Act

Version of section 11.2 from 2019-06-17 to 2024-05-28:


Marginal note:Acquired rights — wines

  •  (1) Section 11.14 and paragraph 12(1)(g) do not prevent the adoption, use or registration as a trademark in association with a wine of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins,

    • (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with a wine; or

    • (b) acquired rights through use to the trademark in respect of a wine.

  • Marginal note:Acquired rights — spirits

    (2) Section 11.14 and paragraph 12(1)(h) do not prevent the adoption, use or registration as a trademark in association with a spirit of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins,

    • (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with a spirit; or

    • (b) acquired rights through use to the trademark in respect of a spirit.

  • Marginal note:Acquired rights — agricultural products and food

    (3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trademark in association with an agricultural product or food of a category set out in the schedule of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1) in respect of the indication or translation,

    • (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with an agricultural product or food belonging to the same category; or

    • (b) acquired rights through use to the trademark in respect of an agricultural product or food belonging to the same category.

  • 1994, c. 47, s. 192
  • 2014, c. 20, s. 361(E), c. 32, s. 56(F)
  • 2017, c. 6, s. 67

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