(b) "specific trademark" means a trademark used in connection with the sale of a class of merchandise of a particular description. R. S., chap. 63, sec. 4.2

The word "Community", having been registered as a general trademark, was refused registration as a specific trademark for washing-machines. Home Appliances Co. v. Oneida Community (1923), 3 D. L. R. 619.

What shall be deemed to be trademarks.

SECTION 5. All marks, names, labels, brands, packages or other business devices, which are adopted for use by any person in his trade, business, occupation or calling, for the purpose of distinguishing any manufacture, product or article of any description manufactured, produced, compounded, packed or of fered for sale by him, applied in any manner whatever either to such manufacture, product or article, or to any package, parcel, case, box or other vessel or receptacle of any description whatsoever containing the same, shall, for the purposes of this Act, be considered and known as trademarks. R. S., chap. 63, sec. 3.

True ownership must be disclosed. Only the proprietor can register; if several owners, all must be disclosed; an application by one falsely representing himself as sole owner will be expunged. Goulet v. Serre (1922), 69 D. L. R. 64.

Effect of expired foreign patent. "Castoria" properly registered in Canada and infringement enjoined, although the preparation was never patented in Canada and was the subject of an expired United States patent. Centaur Co. v. American Druggists' Syndicate, 68 D. L. R. 84.

As to timber or lumber.

SECTION 6. Timber or lumber of any kind upon which labor has been expended by any person in his trade, business, occupation or calling, shall, for the purposes of this Act, be deemed a manufacture, product or article. R. S., chap. 63, sec. 3.

Seal.
Seal and its use.

SECTION 7. The Minister may cause a seal to be made for the purposes of this Part, and may cause to be sealed therewith

2-Specific Trademark-Will be admitted to registration where the resemblance to an existing registered trademark is not sufficient to

cause deception. American Sheet & Tin Plate Co. v. Pittsburgh Perfect Fence Co., 44 D. L. R. 731.

trademarks and other instruments, and copies of such trademarks and other instruments, proceeding from his office in relation to trademarks. R. S., chap. 63, sec. 7.

Registration.

Register to be kept.

SECTION 8. A register shall be kept for the registration of trademarks. R. S., chap. 63, sec. 5.

Registration by Minister.

SECTION 9. Subject to the provisions of this Act, the Minister shall on application duly made in that behalf, register therein the trademark of any proprietor applying for such registration in manner as provided by this Act in that behalf and by rules and regulations made thereunder. R. S., chap. 63, secs. 5 and 8.

Nature of trademark to be specified.

SECTION 10. Every proprietor of a trademark who applies for its registration shall state in his application whether the said trademark is intended to be used as a general trademark or as a specific trademark. R. S., chap. 63, sec. 9.

Minister may refuse to register trademark in certain cases. SECTION 11. The Minister may refuse to register any trademark,

(a) if he is not satisfied that the applicant is undoubtedly entitled to the exclusive use of such trademark;

(b) if the trademark proposed for registration is identical with or resembles a trademark already registered;

(c) if it appears that the trademark is calculated to deceive or mislead the public;

(d) if the trademark contains any immorality or scandalous figure;

(e) if the so-called trademark does not contain the essentials necessary to constitute a trademark, properly speaking. 54-55 V., chap. 35, sec. 1.

Reference to the Exchequer Court.

SECTION 12. The Minister may in any case in the last preceding section mentioned, if he thinks fit, refer the matter to the Exchequer Court of Canada, and, in that event, such court shall

have jurisdiction to hear and determine the matter, and to make an order determining whether and subject to what conditions, if any, registration is to be permitted. 54-55 V., chap. 35, sec. 1.

For a proceeding to expunge a deceptive registration by a Canadian manufacturer, of a mark of another, a citizen of the United States who had registered his mark in the United States and established a factory and trade in Canada, see Raybestos Co. v. Asbestonos Co. (1923), 2 D. L. R. 44.

How registration may be effected.

SECTION 13. Subject to the foregoing provisions, the proprietor of a trademark may, on forwarding to the Minister a drawing and description in duplicate of such trademark, and a declaration that the same was not in use to his knowledge by any other person than himself at the time of his adoption thereof, together with the fee required by this Act in that behalf, and on otherwise complying with the provisions of this Act in relation to trademarks and with the rules and regulations made thereunder, have such trademark registered for his own exclusive use.

Exclusive right to trademark.

2. Thereafter such proprietor shall have the exclusive right to use the trademark to designate articles manufactured or sold by him. R. S., chap. 63, secs. 3, 5, 8 and 13.

Right not affected by acts of U. S. Alien Property Custodian. -The Canadian trademark could not be affected by a sale made by the American alien property custodian under the Trading with the Enemy Act. Lehn & Fink v. Beiersdorf, 67 D. L. R. 352. Compare Bauer Chem. Co. v. Sanatogen Co., 55 D. L. R. 80.

Certificate of registration.

SECTION 14. Upon any trademark being registered under this Act, the Minister shall return to the proprietor registering the same one copy of the drawing and description forwarded to him with a certificate signed by the Minister to the effect that the said trademark has been duly registered in accordance with the provisions of this Act; and the day, month and year of the entry of the trademark in the register shall also be set forth in such certificate. R. S., chap. 63, sec. 13.

Assignment.

Trademarks may be assigned.

SECTION 5. Every registered trademark shall be assignable in law.

Entry.

2. On the assignment being produced, and the fee by this Act prescribed therefore being paid, the Minister shall cause the name of the assignee, with the date of the assignment and such other details as he sees fit, to be entered in the margin of the register of trademarks on the folio where such trademark is registered. R. S., chap. 63, sec. 16.

Time Limit.

Duration of general trademark.

SECTION 16. A general trademark once registered and destined to be the sign in trade of the proprietor thereof shall endure without limitation. R. S., chap. 63, sec. 14.

And of specific trademark.

SECTION 17. A specific trademark, when registered, shall endure for the term of twenty-five years, but may be renewed before the expiration of the said term by the proprietor thereof. or by his legal representative, for another term of twenty-five years, and so on from time to time; but every such renewal shall be registered before the expiration of the current term of twenty-five years. R. S., chap. 63, sec. 14.

Cancellation.

Cancellation of trademark.

SECTION 18. Any person who has registered a trademark may petition for the cancellation of the same, and the Minister may, on receiving such petition, cause the said trademark to be so canceled.

Effect of cancellation.

2. Such trademark shall, after such cancellation, be considered as if it had never been registered under the name of the said person. R. S., chap. 63, sec. 15.

Right of Action.

Suit by proprietor.

SECTION 19. An action or suit may be maintained by any proprietor of a trademark against any person who uses the regis

tered trademark of such proprietor, or any fraudulent imitation thereof, or who sells any article bearing such trademark or any such imitation thereof, or contained in any package of such proprietor or purporting to be his, contrary to the provisions of this Act. R. S., chap. 63, sec. 18.

No suit unless trademark is registered.

SECTION 20. No person shall institute any proceeding to prevent the infringement of any trademark, unless such trademark is registered in pursuance of this Act. R. S., chap. 63, sec. 19.

Offenses and Penalties.

Unlawful of trademark.

SECTION 21. Every person other than the proprietor of any trademark who, with intent to deceive and to induce any person to believe that any article of any description whatsoever was manufactured, produced, compounded, packed or sold by the proprietor of such trademark,—

(a) marks any such article with any trademark registered under the provisions of this Act, or with any part of such trademark, whether by applying such trademark or any part thereof to the article itself or to any package or thing containing such article, or by using any package or thing so marked which has been used by the proprietor of such trademark; or,

(b) knowingly sells or offers for sale any such article marked with such trademark or with any part thereof;

Penalty.

is guilty of an indictable offense and liable for each offense to a fine not exceeding one hundred dollars and not less than twenty dollars.

To whom payable.

2. Such fine shall be paid to the proprietor of such trademark together with the costs incurred in enforcing and recovering the

same.

Suit by proprietor or his agent.

3. Every complaint under this section shall be made by the proprietor of such trademark, or by some one acting on his behalf and thereunto duly authorized. R. S., chap. 63, sec. 17.