Trade-Marks Examination Manual (page 41 of 55)
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IV.8.14 Paragraph 9(2)(a) — Consent for Use of Prohibited Marks
This paragraph provides a means whereby, with the consent of Her Majesty or such other person, society, authority or organization considered protected by subsection 9(1), prohibited matter may be used or registered as a trade-mark in connection with a business.
Consents to overcome the prohibition in paragraph 9(1)(l) against the portrait or signature of an individual who is living or has died within the preceding 30 years are quite common. See also section IV.3.12 of this manual.
The examiners must also secure a disclaimer statement extending to the prohibited matter since no one person is entitled to exclusive use of that matter.
IV.8.14.1 Paragraph 9(2)(b)
Subparagraph 9(2)(b)(i) stipulates that if the trade-mark applied for consists of, or so nearly resembles as to be likely to be mistaken for, an official sign or hallmark mentioned in paragraph (1)(i.1), an objection will be raised if the wares are the same or similar to the wares in respect of which the official sign or hallmark has been
On the other hand, if the wares in question are totally dissimilar, then no objection will be raised.
Subparagraph 9(2)(b)(ii) stipulates that if the trade-mark applied for consists of, or so nearly resembles as to be likely to be mistaken for, an armorial bearing, flag, emblem or abbreviation mentioned in paragraph (1)(i.3), an objection will be raised if use of the mark is likely to mislead the public as to a connection between the user and the
On the other hand, if it is unlikely that the public would be misled, then no objection will be raised.
IV.8.15 Paragraph 12(1)(f) and Section 10.1 — Plant Variety Denominations
This paragraph deals with denominations which are prohibited for use as trade-marks under section 10.1. These denominations are granted by Agriculture and Agri-Food Canada. See section IV.8.12.1 of this manual for more details.
IV.8.16 Paragraphs 12(1)(g) and (h) — Protected Geographical Indications for Wines or Spirits
These paragraphs relate to protected geographical indications for wines or spirits. The Registrar of Trade-marks is required to keep a list of protected geographical indications for wines or spirits in accordance with section 11.12(1). See sections III.1, III.6, IV.1, IV.9.4.4, IV.10.1 and V.9.2 of this manual for more details.