Trademarks Act

Marginal note:Register under Unfair Competition Act

• 27 (1) The register kept under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, forms part of the register kept under this Act and, subject to subsection 44(2), no entry made therein, if properly made according to the law in force at the time it was made, is subject to be expunged or amended only because it might not properly have been made pursuant to this Act.

• Marginal note:Trademarks registered before Unfair Competition Act

  (2) Trademarks on the register on September 1, 1932 shall be treated as design marks or word marks as defined in the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, according to the following rules:

  • (a) any trademark consisting only of words or numerals or both without any indication of a special form or appearance shall be deemed to be a word mark;

  • (b) any other trademark consisting only of words or numerals or both shall be deemed to be a word mark if at the date of its registration the words or numerals or both would have been registrable independently of any defined special form or appearance and shall also be deemed to be a design mark for reading matter presenting the special form or appearance defined;

  • (c) any trademark including words or numerals or both in combination with other features shall be deemed

    • (i) to be a design mark having the features described in the application therefor but without any meaning being attributed to the words or numerals, and

    • (ii) to be a word mark if and so far as it would at the date of registration have been registrable independently of any defined form or appearance and without being combined with any other feature; and

  • (d) any other trademark shall be deemed to be a design mark having the features described in the application therefor.

• Marginal note:Trademarks registered under Unfair Competition Act

  (3) Trademarks registered under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, shall, in accordance with their registration, continue to be treated as design marks or word marks as defined in that Act.