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Version of document from 2009-12-10 to 2010-12-30:

Olympic and Paralympic Marks Act

S.C. 2007, c. 25

Assented to 2007-06-22

An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Short title

 This Act may be cited as the Olympic and Paralympic Marks Act.

Marginal note:Interpretation

  •  (1) The following definitions apply in this Act.

    COC

    COC means the Canadian Olympic Committee, a corporation incorporated under Part II of The Companies Act, 1934, chapter 33 of the Statutes of Canada, 1934. (COC)

    court

    court means the Federal Court or the superior court of a province. (tribunal)

    CPC

    CPC means the Canadian Paralympic Committee, a corporation incorporated under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970. (CPC)

    Olympic or Paralympic mark

    Olympic or Paralympic mark means, subject to subsection (3), a mark set out in Schedule 1 or 2. (marque olympique ou paralympique)

    organizing committee

    organizing committee means any organization that is recognized, by the COC and a city in Canada elected to host an Olympic Games or Paralympic Games, as being responsible for the planning, organizing, financing and staging of those Games. (comité d’organisation)

  • Marginal note:Words and expressions

    (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Trade-marks Act.

  • Marginal note:Schedule 2 marks

    (3) A mark set out in column 1 of Schedule 2 is considered not to be an Olympic or Paralympic mark after the corresponding expiry date set out in column 2.

Marginal note:Prohibited marks

  •  (1) No person shall adopt or use in connection with a business, as a trade-mark or otherwise, an Olympic or Paralympic mark or a mark that so nearly resembles an Olympic or Paralympic mark as to be likely to be mistaken for it.

  • Marginal note:Prohibited marks — translations

    (2) No person shall use in connection with a business, as a trade-mark or otherwise, a mark that is a translation in any language of an Olympic or Paralympic mark.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply to an organizing committee, the COC or the CPC.

  • Marginal note:Excepted uses

    (4) Nothing in subsection (1) or (2) prevents

    • (a) the adoption, use or registration, as a trade-mark or otherwise, of a mark described in subsection (1) or (2) if the person has obtained the written consent of an organizing committee during any period prescribed by regulation or of the COC or the CPC during any other period, and acts in accordance with that consent;

    • (b) the use of a trade-mark by an owner or licensee of the trade-mark if an owner or licensee of the trade-mark used it before March 2, 2007 and the use subsequent to that date is in association with

      • (i) the same wares or services as those for which the trade-mark was used before that date,

      • (ii) the wares or services in respect of which it is registered under the Trade-marks Act, or

      • (iii) any other wares or services of the same general class as that for which it is registered or was, before that date, used;

    • (c) the use of a trade-mark by an owner or licensee of the trade-mark if an owner or licensee of the trade-mark used it before the day of publication in Part I of the Canada Gazette of an order that, by adding a mark to Schedule 1 or 2, prohibits the use of the trade-mark and the use subsequent to that day is in association with

      • (i) the same wares or services as those for which the trade-mark was used before that date,

      • (ii) the wares or services in respect of which it is registered under the Trade-marks Act, or

      • (iii) any other wares or services of the same general class as that for which it is registered or was, before that date, used;

    • (d) the use by Her Majesty, a university or a public authority, or a person authorized by Her Majesty, the university or the public authority, of a badge, crest, emblem or other mark in respect of which Her Majesty, the university or the public authority, as the case may be, has requested that the Registrar give public notice under paragraph 9(1)(n) of the Trade-marks Act, if the notice is given before March 2, 2007;

    • (e) the use by Her Majesty, a university or a public authority, or a person authorized by Her Majesty, the university or the public authority, of a badge, crest, emblem or other mark in respect of which Her Majesty, the university or the public authority, as the case may be, has requested that the Registrar give public notice under paragraph 9(1)(n) of the Trade-marks Act, if the notice is given before the day of publication in Part I of the Canada Gazette of an order that, by adding a mark to Schedule 1 or 2, prohibits the use of the badge, crest, emblem or other mark;

    • (f) the use of a protected geographical indication identifying a wine or spirit, if the wine or spirit originates in the territory indicated by the indication;

    • (g) the use by a person of their address, the geographical name of their place of business, an accurate indication of the origin of their wares or services, or an accurate description of their wares or services to the extent that the description is necessary to explain those wares or services to the public;

    • (h) the use by an individual of their name; or

    • (i) the use by an individual who has been selected by the COC or the CPC to compete, or has competed, in an Olympic Games or Paralympic Games, or another person with that individual’s consent, of the mark “Olympian”, “Olympic”, “Olympien” or “Olympique”, or “Paralympian”, “Paralympic”, “Paralympien” or “Paralympique”, as the case may be, in reference to the individual’s participation in, or selection for, those Games.

  • Marginal note:Clarification

    (5) For greater certainty, the use of an Olympic or Paralympic mark or a translation of it in any language in the publication or broadcasting of a news report relating to Olympic Games or Paralympic Games, including by means of electronic media, or for the purposes of criticism or parody relating to Olympic Games or Paralympic Games, is not a use in connection with a business.

  • Marginal note:Clarification

    (6) For greater certainty, the inclusion of an Olympic or Paralympic mark or a translation of it in any language in an artistic work, within the meaning of the Copyright Act, by the author of that work, is not in itself a use in connection with a business if the work is not reproduced on a commercial scale.

Marginal note:Prohibited acts

  •  (1) No person shall, during any period prescribed by regulation, in association with a trade-mark or other mark, promote or otherwise direct public attention to their business, wares or services in a manner that misleads or is likely to mislead the public into believing that

    • (a) the person’s business, wares or services are approved, authorized or endorsed by an organizing committee, the COC or the CPC; or

    • (b) a business association exists between the person’s business and the Olympic Games, the Paralympic Games, an organizing committee, the COC or the CPC.

  • Marginal note:Use of expressions set out in Schedule 3

    (2) In determining whether a person has acted contrary to subsection (1), the court shall take into account any evidence that the person has used, in any language,

    • (a) a combination of expressions set out in Part 1 of Schedule 3; or

    • (b) the combination of an expression set out in Part 1 of Schedule 3 with an expression set out in Part 2 of that Schedule.

  • Marginal note:Proximity to mark

    (3) The placement of an advertisement in proximity to published material — including material published electronically — that contains an Olympic or Paralympic mark or a translation of it in any language is not in itself an act contrary to subsection (1).

Marginal note:Remedies

  •  (1) If a court finds, on application, that an act has been done contrary to section 3 or 4, it may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits, for punitive damages, for the publication of a corrective advertisement and for the destruction, exportation or other disposition

    • (a) of any offending wares, packages, labels and advertising material; and

    • (b) of any dies used to apply to those wares, packages, labels or advertising material a mark whose adoption or use is prohibited under section 3.

  • Marginal note:Application to court

    (2) An application referred to in subsection (1) may be made

    • (a) during any period prescribed by regulation, only by

      • (i) an organizing committee, or

      • (ii) the COC or the CPC, or a person who uses an Olympic or Paralympic mark with the written consent referred to in paragraph 3(4)(a), if the COC, the CPC or the person, as the case may be, has obtained during that period an organizing committee’s written authorization to make the application, or has made a written request during that period to an organizing committee for its authorization to which the committee has not responded, in writing, within 10 days after receipt of the request; or

    • (b) during any other period, only by

      • (i) the COC or the CPC, or

      • (ii) an organizing committee, or a person who uses an Olympic or Paralympic mark with the written consent referred to in paragraph 3(4)(a), if the committee or person, as the case may be, has obtained during that period the COC’s or the CPC’s written authorization to make the application, or has made a written request during that period to the COC or the CPC for its authorization to which the COC or the CPC, as the case may be, has not responded, in writing, within 10 days after receipt of the request.

  • Marginal note:No unreasonable refusal

    (3) The authorization may not be unreasonably refused.

Marginal note:Interim or interlocutory injunction

 If an interim or interlocutory injunction is sought during any period prescribed by regulation in respect of an act that is claimed to be contrary to section 3 or 4, an applicant is not required to prove that they will suffer irreparable harm.

Marginal note:Limitation period

 No remedy may be awarded in respect of an act contrary to section 3 or 4 that was committed more than three years before the commencement of an action under subsection 5(1).

Marginal note:Detention and disposition of imported wares

  •  (1) A court may, on application,

    • (a) if it considers that any wares to which an Olympic or Paralympic mark has been applied are about to be imported into Canada or have been imported into Canada but have not yet been released, within the meaning of the Customs Act, and that their distribution in Canada would be a use of the mark as a trade-mark that is contrary to section 3, make an order

      • (i) directing the Minister of Public Safety and Emergency Preparedness to take reasonable measures, on the basis of information reasonably required by that Minister and provided by the applicant, to detain the wares,

      • (ii) directing that Minister to notify the applicant and the owner or importer of the wares, without delay after detaining them, of the detention and the reasons for it, and

      • (iii) providing for any other matters that the court considers appropriate; and

    • (b) if it finds that the distribution in Canada of wares detained in accordance with an order made under paragraph (a) would be a use of the mark as a trade-mark that is contrary to section 3, make any order that it considers appropriate in the circumstances, including an order that the wares be destroyed or exported or that they be delivered up to the applicant as the applicant’s property absolutely.

  • Marginal note:Application to court

    (2) An application referred to in subsection (1) may be made

    • (a) during any period prescribed by regulation, only by

      • (i) an organizing committee, or

      • (ii) the COC or the CPC, if it has obtained during that period an organizing committee’s written authorization to make the application, or has made a written request during that period to an organizing committee for its authorization to which the committee has not responded, in writing, within 10 days after receipt of the request; or

    • (b) during any other period, only by

      • (i) the COC or the CPC, or

      • (ii) an organizing committee, if the committee has obtained during that period the COC’s or the CPC’s written authorization to make the application, or has made a written request during that period to the COC or the CPC for its authorization to which the COC or the CPC, as the case may be, has not responded, in writing, within 10 days after receipt of the request.

  • Marginal note:No unreasonable refusal

    (3) The authorization may not be unreasonably refused.

  • Marginal note:Application for detention order

    (4) An application for an order under paragraph (1)(a) may be made either on notice or ex parte. In all cases, notice of such an application must be given to the Minister of Public Safety and Emergency Preparedness.

  • Marginal note:Security

    (5) Before making an order under paragraph (1)(a), the court may require the applicant to furnish security, in an amount fixed by the court,

    • (a) to cover duties, within the meaning of the Customs Act, and storage and handling charges, and any other amount that may become chargeable against the wares; and

    • (b) to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the wares.

  • Marginal note:Application for directions

    (6) The Minister of Public Safety and Emergency Preparedness may apply to the court for directions in implementing an order made under paragraph (1)(a).

  • Marginal note:Permission to inspect

    (7) The Minister of Public Safety and Emergency Preparedness may give the applicant or importer of the wares detained in accordance with an order made under paragraph (1)(a) an opportunity to inspect them for the purpose of substantiating, in the case of the applicant, or refuting, in the case of the importer, the applicant’s claim.

  • Marginal note:Release of wares

    (8) Unless an order made under paragraph (1)(a) provides otherwise, the Minister of Public Safety and Emergency Preparedness shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release, within the meaning of the Customs Act, the wares detained in accordance with the order without further notice to the applicant if, two weeks after the applicant has been notified under subparagraph (1)(a)(ii), that Minister has not been notified that an action has been commenced for an order under paragraph (1)(b).

Marginal note:Exportation of wares

 A court shall not make an order under subsection 5(1) or paragraph 8(1)(b) for the exportation of wares bearing an Olympic or Paralympic mark unless it includes, as a condition of the order, a requirement that the mark be removed from the wares before they are exported.

Marginal note:Jurisdiction of Federal Court

 The Federal Court has jurisdiction to entertain any action or proceeding for the enforcement of any of the provisions of this Act or of any right or remedy conferred or provided by this Act.

Marginal note:Effect of public notice

 For greater certainty, public notice by the Registrar of the adoption and use of a badge, crest, emblem or other mark in accordance with a request made under paragraph 9(1)(n) of the Trade-marks Act has no legal effect if, at the time of the request, the requester was prohibited under section 3 from adopting or using it.

Marginal note:Regulations

  •  (1) The Governor in Council may, by regulation, on the recommendation of the Minister of Industry, prescribe periods for the purposes of paragraph 3(4)(a), subsection 4(1), paragraph 5(2)(a), section 6 and paragraph 8(2)(a).

  • Marginal note:Orders

    (2) The Governor in Council may, by order, on the recommendation of the Minister of Industry,

    • (a) amend Schedule 1 by adding or deleting any mark relating to Olympic Games or Paralympic Games, other than those that are referred to in paragraph (b);

    • (b) amend Schedule 2 by adding to or deleting from that Schedule, in column 1, any mark relating to Olympic Games or Paralympic Games hosted by Canada, and, in respect of any such mark, adding to or deleting from that Schedule, in column 2, the corresponding expiry date; and

    • (c) amend Schedule 3 by adding any expression that in the opinion of the Governor in Council may be relevant in determining whether an act has been done contrary to section 4, or by deleting any expression set out in that Schedule.

Amendment to this Act

The following provision is not in force.

 [Amendment]

Related Amendment

Trade-marks Act

 [Amendment]

Coming into Force

Marginal note:Order in council

  • Footnote * (1) The provisions of this Act, other than section 13, come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Section 13

    (2) Section 13 comes into force on December 31, 2010.

    • Return to footnote *[Note: Act, other than section 13, in force December 17, 2007, see SI/2007-117.]

SCHEDULE 1(Subsection 2(1) and paragraphs 3(4)(c) and (e) and 12(2)(a))Marks

  • 1 
    Canadian Olympic Committee
  • 2 
    Canadian Paralympic Committee
  • 3 
    Citius, Altius, Fortius
  • 4 
    Comité international olympique
  • 5 
    Comité international paralympique
  • 6 
    Comité olympique canadien
  • 7 
    Comité paralympique canadien
  • 8 
    Faster, Higher, Stronger
  • 9 
    International Olympic Committee
  • 10 
    International Paralympic Committee
  • 11 
    Jeux olympiques
  • 12 
    Jeux paralympiques
  • 13 
    L’esprit en mouvement
  • 14 
    Olympia
  • 15 
    Olympiad
  • 16 
    Olympiades
  • 17 
    Olympian
  • 18 
    Olympic
  • 19 
    Olympic Games
  • 20 
    Olympics
  • 21 
    Olympie
  • 22 
    Olympien
  • 23 
    Olympique
  • 24 
    Olympiques
  • 25 
    Paralympiad
  • 26 
    Paralympiades
  • 27 
    Paralympian
  • 28 
    Paralympic
  • 29 
    Paralympic Games
  • 30 
    Paralympics
  • 31 
    Paralympien
  • 32 
    Paralympique
  • 33 
    Paralympiques
  • 34 
    Plus vite, plus haut, plus fort
  • 35 
    Spirit in Motion
  • 36 
    Olympic games mark consisting of five interlocking rings
  • 37 
    Paralympic games mark
  • 38 
    Canadian Olympic Committee mark
  • 39 
    Canadian Paralympic Committee mark

SCHEDULE 2(Subsections 2(1) and (3), paragraphs 3(4)(c) and (e) and 12(2)(b) and section 13)

Marks

Column 1Column 2
ItemMarkExpiry Date
1Canada 2010December 31, 2010
2Canada’s GamesDecember 31, 2010
3Comité d’organisation des Jeux olympiques et paralympiques d’hiver de 2010 à VancouverDecember 31, 2010
4COVANDecember 31, 2010
5Games CityDecember 31, 2010
6Jeux de VancouverDecember 31, 2010
7Jeux de WhistlerDecember 31, 2010
8Jeux du CanadaDecember 31, 2010
9Les Jeux entre mer et cielDecember 31, 2010
9.1MigaDecember 31, 2010
9.2MukmukDecember 31, 2010
9.3QuatchiDecember 31, 2010
10Sea to Sky GamesDecember 31, 2010
10.1SumiDecember 31, 2010
11Vancouver 2010December 31, 2010
12Vancouver GamesDecember 31, 2010
13Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter GamesDecember 31, 2010
14VANOCDecember 31, 2010
15Ville des JeuxDecember 31, 2010
16Whistler 2010December 31, 2010
17Whistler GamesDecember 31, 2010
18
Vancouver 2010 Olympic emblem
December 31, 2010
19
Vancouver 2010 Winter Paralympics Games mark
December 31, 2010
20
Cultural Olympiad Vancouver 2010 mark
December 31, 2010
21
Miga - a mythical sea bear, part orca and part kermode bear
December 31, 2010
22
Mukmuk - a Vancouver Island marmot
December 31, 2010
23
Vancouver 2010 Olympic gold medal
December 31, 2010
24
Vancouver 2010 Olympic Torch Relay emblem
December 31, 2010
25
Vancouver 2010 Paralympic gold medal
December 31, 2010
26
Vancouver 2010 Paralympic Torch Relay Emblem
December 31, 2010
27
Quatchi - a young sasquatch, part man and part monkey
December 31, 2010
28
Sumi - an animal guardian spirit who wears the hat of the orca whale, has the wings of the Thunderbird and the legs of the black bear
December 31, 2010
29
Mark displaying the Olympic torch
December 31, 2010
30
Mark displaying an athlete alpine skiing
December 31, 2010
31
Mark displaying an athlete with gun and skis competing in biathlon
December 31, 2010
32
Mark displaying two athletes and a bobsleigh
December 31, 2010
33
Mark displaying an athlete cross-country skiing
December 31, 2010
34
Mark displaying an athlete curling
December 31, 2010
35
Mark displaying an athlete figure skating
December 31, 2010
36
Mark displaying an athlete with skis competing in aerials
December 31, 2010
37
Mark displaying an athlete with skis competing in moguls
December 31, 2010
38
Mark displaying two athletes with skis competing in ski cross
December 31, 2010
39
Mark displaying an athlete playing ice hockey
December 31, 2010
40
Mark displaying an athlete on luge sled
December 31, 2010
41
Mark displaying two athletes with skis competing in Nordic combined
December 31, 2010
42
Mark displaying two athletes with skates competing in short track
December 31, 2010
43
Mark displaying an athlete on skeleton sled
December 31, 2010
44
Mark displaying an athlete with skis competing in ski jumping
December 31, 2010
45
Mark displaying two athletes on snowboards competing in snowboard cross
December 31, 2010
46
Mark displaying an athlete on snowboard competing in parallel giant slalom
December 31, 2010
47
Mark displaying an athlete on snowboard competing in halfpipe
December 31, 2010
48
Mark displaying an athlete with skates speed skating
December 31, 2010
49
Mark displaying an athlete alpine skiing
December 31, 2010
50
Mark displaying an athlete with gun and skis competing in biathlon
December 31, 2010
51
Mark displaying an athlete cross-country skiing
December 31, 2010
52
Mark displaying an athlete playing ice sledge hockey
December 31, 2010
53
Mark displaying an athlete wheelchair curling
December 31, 2010
  • 2007, c. 25, Sch. 2
  • SOR/2009-332

SCHEDULE 3(Subsection 4(2), paragraph 12(2)(c) and section 13)Expressions

PART 1

  • 1 
    Games
  • 2 
    2010
  • 3 
    Twenty-ten
  • 4 
    21st
  • 5 
    Twenty-first
  • 6 
    XXIst
  • 7 
    10th
  • 8 
    Tenth
  • 9 
    Xth
  • 10 
    Medals

PART 2

  • 1 
    Winter
  • 2 
    Gold
  • 3 
    Silver
  • 4 
    Bronze
  • 5 
    Sponsor
  • 6 
    Vancouver
  • 7 
    Whistler

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