(4) The Minister may apply to the court for directions in implementing an order made under subsection (1). 68.2 No person shall oppose an application for registration of a trademark on the ground set out in paragraph 38(2)(a.1) if the application was advertised under subsection 37(1) before the day on which that paragraph comes into force. (4) The Minister may apply to the court for directions in implementing an order made under subsection (1). Marginal note:Registration of trademark confusing with certification mark. 1; and. 49 If a sign or combination of signs is used by a person as a trademark for any of the purposes or in any of the manners mentioned in the definition certification mark or trademark in section 2, no application for the registration of the trademark shall be refused and no registration of the trademark shall be expunged, amended or held invalid merely on the ground that the person or a predecessor in title uses the trademark or has used it for any other of those purposes or in any other of those manners. 68 For the purposes of this Act, the use or making known of a trademark or the use of a trade name in Newfoundland before April 1, 1949 shall not be deemed to be a use or making known of such trademark or a use of such trade name in Canada before that date. Definitions 3. (8) Both the opponent and the applicant 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the prescribed time, to submit evidence and to make representations to the Registrar unless, (a) the opposition is withdrawn or deemed under subsection (10) to have been withdrawn; or. (5) The Registrar shall remove the recording or the registration of the transfer referred to in subsection (3) or (4) on receipt of evidence satisfactory to the Registrar that the transfer should not have been recorded or registered. (5) Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any label or packaging, in any form, if the sale, distribution or advertisement of goods or services in association with the label or packaging would be contrary to section 19 or 20 and the person knows that. (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal. A registered mark will provide protection across Canada, whereas a common-law mark will only extend to where it is known by consumers. (3) The Registrar may specify in the request the manner in which the evidence must be furnished and the period within which it must be furnished. (3) For greater certainty, subsection (2) does not prevent the confidential communication of information about the goods for the purpose of reaching an out-of-court settlement. (2) The Registrar shall not consider a request if the party who makes it submits the evidence to the Registrar before the Registrar either gives notice under subsection (3) or makes an order under subsection (4). Marginal note:Damages against trademark owner. (4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both. (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. (Loi) associate trademark agent means a trademark agent appointed by another trademark agent under subsection 22(2) or (3). (3) Section 51.13 of the Act is amended by adding the following after subsection (6): (7) In this section, trademark agent has the same meaning as in section 2 of the College of Patent Agents and Trademark Agents Act. 1. (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. (d) the applicant furnishes, in accordance with any request under subsections (2) and (3), evidence necessary to fully establish the applicant’s right to priority. 50 (1) For the purposes of this Act, if an entity is licensed by or with the authority of the owner of a trademark to use the trademark in a country and the owner has, under the licence, direct or indirect control of the character or quality of the goods or services, then the use, advertisement or display of the trademark in that country as or in a trademark, trade name or otherwise by that entity has, and is deemed always to have had, the same effect as such a use, advertisement or display of the trademark in that country by the owner. (3) If the prescribed renewal fee is not paid within the prescribed period, the Registrar shall expunge the registration. The Customs Act key ) Search Criteria: registered trademarks — applications before... Subject to subsection ( 6 ) to have been withdrawn amend the in... 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