Bill C-611: An Act to amend the Trade-marks Act (public authority)

C-611 Second Session, Forty-first Parliament, 62-63 Elizabeth II, 2013-2014 HOUSE OF COMMONS OF CANADA BILL C-611 An Act to amend the Trade-marks Act (public authority) first reading, June 9, 2014 Mr. Regan 412027 SUMMARY This enactment amends the Trade-marks Act to clarify the circumstances in which public notice is given of an official mark having been adopted and used by a public authority. It amends sections 2 and 9 to add precision regarding what constitutes a public authority and the circumstances in which, and process by which, public notice is given of such official marks. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63 Elizabeth II, 2013-2014 house of commons of canada BILL C-611 An Act to amend the Trade-marks Act (public authority) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. T-13 TRADE-MARKS ACT 1. Section 2 of the Trade-marks Act is amended by adding the following in alphabetical order: “public authority”« autorité publique » “public authority” means a body that has a duty to act in the public interest and is under the significant control and supervision of any level of government in Canada, to the degree that the government exercises ongoing influence over the body’s governance and decision-making. 2. (1) Subparagraphs 9(1)(n)(ii) and (iii) of the Act are replaced by the following: (ii) of any Canadian university, (iii) adopted and used in Canada by any public authority as an official mark that incorporates the name, emblem or logo of the public authority, or (iv) adopted and used in Canada by any public authority as an official mark in relation to the programs or services of the public authority, (2) Section 9 of the Act is amended by adding the following after subsection (2): Statement of objection (3) Within three months after the Registrar has given public notice of the adoption and use of an official mark described in subparagraph (1)(n)(iii) or (iv), any person interested may, on payment of the prescribed fee, file a statement of objection with the Registrar. Grounds for objection (4) A statement of objection may be based on any of the following grounds: (a) the mark has not been adopted or used in Canada by the public authority; (b) the body that requested the Registrar to give public notice is not a public authority; (c) the mark is identical to, or so nearly resembling as to be likely to be mistaken for, a registered trade-mark whose date of registration predates the first granting of public notice in respect of the mark that is the subject of the statement of objection and may significantly undermine the ability of that trade-mark owner to fully exploit their registered trade-mark, or may result in confusion; (d) the mark is a generic term, such that its protection as an official mark may unduly restrict the ability of traders to accurately describe their wares or services; or (e) the granting of the official mark does not serve the public interest. 10-year prohibition (5) The adoption of an official mark described in subparagraph (1)(n)(iii) or (iv) remains prohibited under subsection (1) for a period of 10 years after the public notice is given, unless the Registrar determines otherwise following the filing of a statement of objection. Renewal of public notice (6) The Registrar shall, at the request of the relevant public authority that is made in accordance with the regulations and within 10 years after the previous public notice of an official mark described in subparagraph (1)(n)(iii) or (iv), renew the public notice in respect of the official mark. Statement of objection (7) A statement of objection to a public notice given following a request in accordance with subsection (6) may be filed in accordance with subsections (3) and (4). TRANSITIONAL PROVISIONS 10-year renewal period 3. The adoption of any official mark described in subparagraph 9(1)(n)(iii) or (iv) of the Trade-marks Act in respect of which a public notice was given before the coming into force of this Act remains prohibited for a period of 10 years after the coming into force of this Act. Three-month objection period 4. A statement of objection regarding any official mark in respect of which public notice was given before the coming into force of this Act may be given within three months after that coming into force. Published under authority of the Speaker of the House of Commons