Canada–Korea Economic Growth and Prosperity Act

Marginal note:Exception — failure to take proceedings

21 Sections 17 and 18 do not apply to the use of a trade-mark by a person if no proceedings are taken to enforce those sections in respect of that person’s use of the trade-mark within five years after use of the trade-mark by that person or that person’s predecessor-in-title has become generally known in Canada or the trade-mark has been registered by that person in Canada, unless it is established that that person or that person’s predecessor-in-title first used the trade-mark with knowledge that the use was contrary to section 17 or 18, as the case may be.