Trade-Marks Examination Manual (page 34 de 55)

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Articles Other Than Plated Articles

Gold

"karat", "carat", "Karat", "Carat", "Kt.", "Ct.", "K", "C" or a decimal designation may be used to express the quality of gold of an article having a minimum quality of 9K or higher.

Gold articles having a quality of 10K, 14K, 18K may alternatively be marked as .416, .583, .750 respectively.

Silver

silver", "sterling silver", "sterling", "argent", "argent sterling" or any abbreviations thereof (e.g., "ster." or "STG") are quality marks provided for any article which contains at least 925 parts pure silver in 1,000 parts by weight.

The use of ".925" for "silver" of 925 parts pure silver per 1,000 parts by weight is also provided for.

Platinum

platinum", "plat.", or "platine" are quality marks provided for any article which contains at least 95 percent platinum or at least 95 percent an alloy of platinum and iridium or ruthenium.

Palladium

palladium" or "pall." are quality marks provided for any article which contains 95% palladium. This quality mark may also be used for an alloy of at least 90% palladium only when accompanied with an additional 5% of any combination of the following prescribed metals, namely: platinum, iridium, ruthenium, rhodium, osmium or gold.

Plated Articles

This section does not cover the requirement for plated watch cases, spectacle frames, flatware and hollow ware which are discussed later in this section.

  • "gold filled"
  • "G.F."
  • or "doublé d'or"

  • "rolled gold plate"
  • "R.G.P."
  • or"plaqué d'or laminé"

  • "gold electroplate"
  • "gold plated"
  • "G.E.P."
  • "electro-plaqué d'or"
  • or "or plaqué"

  • "silver filled"
  • "S.F."
  • or "doublé d'argent"

  • "silver electroplate"
  • "silver plate"
  • "silver plated"
  • "electro-plaqué d'argent"
  • or "plaqué d'argent"

Note: The abbreviation "S.P." is taken to mean silver electro-plated and is an acceptable quality mark due to long-standing trade use.

  • "vermeil"
  • or "vermil"

Plated Pocket Watch Cases and Plated Bracelet Watch Cases

  • "gold filled"
  • "G.F."
  • "doublé d'or"

  • "rolled gold plate"
  • "R.G.P."
  • or "plaqué d'or laminé"

  • "silver filled"
  • "S.F."
  • or "doublé d'argent"

  • "gold electroplate"
  • "gold plated"
  • "G.E.P."
  • "electro-plaqué d'or"
  • or "or plaqué"

  • "silver electroplate"
  • "silver plated"
  • "electro-plaqué d'argent"
  • or any abbreviation for any of the foregoing

Spectacle Frames

  • "gold filled"
  • "G.F."
  • or "doublé d'or"

  • "rolled plate"
  • "R.P."
  • "rolled gold plate"
  • "R.G.P."
  • "placage laminé"
  • or "placage d'or laminé"

  • "gilt"
  • "gold plated"
  • "G.E.P."
  • "or plaqué"
  • or "doré"

Plated Fltaware

  • "silverplate"
  • "placage d'argent"
  • "silverplated"
  • "plaqué d'argent"
  • "silverware"
  • "argenterie"
  • "S.P."
  • or "E.P."

  • "A.I."
  • "A.I.X."
  • "A.I.+"
  • "A.I. EXTRA"
  • "A.A.+"
  • "A.A.I.+"
  • "A.A.I. EXTRA"
  • "TRIPLE PLATE"
  • "TRIPLE PLACAGE"
  • "QUADRUPLE"
  • or "XXXX"

  • "gold electroplate"
  • "gold plated"
  • "G.E.P."
  • "electroplaqué d'or"
  • or "or plaqué"

  • "nickel-silver"
  • "nickel-argent"
  • or "N.S."

Plated Hollow Hare

  • "gold electroplate"
  • "electro-plaqué d'or"
  • "gold plated"
  • "or plaqué"
  • or "G.E.P."

  • "silverplate"
  • "placage d'argent"
  • "silverplated"
  • "plaqué d'argent"
  • "argenterie"
  • "S.P."
  • or "E.P."

  • "Sheffield Reproduction"
  • or "reproduction of Sheffield plate"

  • "nickel-silver"
  • "nickel-argent"
  • or "N.S."

  • "Britannia Metal"
  • "Métal Anglais"
  • "White Metal"
  • "Métal Blanc"
  • "W.M."
  • or "B.M."

Note: When examiners request a disclaimer for terms, abbreviations and numerals for precious metals from the list provided by the Precious Metals Marking Section, they must seek confirmation that the wares contain or are made with the particular component.

If this is not the case, the mark is deceptively misdescriptive of the character of the wares since it is not appropriate to disclaim a portion which is deceptively misdescriptive. See sections IV.4.2 and IV.4.6 of this manual. If the whole mark is paragraph 12(1)(b).

Where the trade-mark is used in association with an article made of a precious metal, that article must be stamped with a trade-mark and an application for registration received in the Trade-marks Office before it will be accepted for distribution in Canada. For example, a consignment of jewellery arriving in Canada would not be released from Customs until these two requirements have been satisfied. As well, the Precious Metals Marking Section keeps track of marks which are registered by the Trade-marks Office for use with articles made of precious stones and metals.

The examiners must also consider compliance with paragraph 30(i) — the requirement of "a statement that the applicant is satisfied that he is entitled to use the trade-mark in Canada in association with the wares or services described in the application" — in view of:

  1. the Bank Act which prohibits the use of the words "bank," "banker" or "banking" unless the applicant is authorized to so describe itself or to so describe the services under authority of the Bank Act or any other act of Parliament;
  2. the Canada Agricultural Products Act and the Meat Inspection Act which prohibit the use of grade names and the agricultural product legends unless the applicant is authorized to so use the aforementioned, under the authority of the Canada Agricultural Products Act and/or the Meat Inspection Act.

The operation of certain sections of the Bank Act, the Canada Agricultural Products Act and the Meat Inspection Act, together with paragraph 30(i) of the Trademarks Act, proscribe the Registrar from accepting trade-mark applications which contain prohibited matter. Therefore an objection under paragraph 30(i) must be

The following lists have been provided by Agriculture and Agri-Food Canada:

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