The Trade-mark Act of Canada is more broad and liberal than the American Act, as is shown by this definition of trade-marks. Not only are marks, names, labels and brands considered trade-marks, but "packages" and "other business devices" are also included.
An applicant who seeks to register a trade-mark must state in his application whether the trade-mark is intended to be general or specific. If specific, a description of the merchandise on which it is to be used must be made a part of the application.
A general trade-mark, once registered, shall "endure without limitation."
The registration of a specific trade-mark expires in twenty-five years, but it may be renewed at the end of that period, and so on from time to time.
The registration fee for a general trade-mark is $30.00; for a specific trade-mark, $25.00.
The Minister of Agriculture may refuse to register a trade-mark for any one of the following reasons:
1st. If he is not satisfied that the applicant is undoubtedly entitled to the exclusive use of such trade-mark.
2nd. If the trade-mark proposed for registration is identical with or resembles a trade-mark already registered.
3rd. If it appears that a trade-mark is calculated to deceive or mislead the public.
4th. If the trade-mark contains any immorality or scandalous figure.
5th. If the so-called trade-mark does not contain the essentials necessary to constitute a trade-mark, properly speaking.
The "essentials necessary to constitute a trade-mark" are not defined by the law, an omission which means that the English common law definition of a valid trade-mark, as shown by the decisions of the courts, must be the basis on which eligibility to registration is based. No mark or symbol which has a designating or descriptive quality may be registered.
When a descriptive word has been registered, through error of the registrar, it does not give the owner of the mark exclusive right to its use. As in the United States, registration is only prima facie evidence of validity.
