By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following two (2) amendments which are therefore also negatived:
That Bill C-31, in Clause 339, be amended by adding after line 31 on page 216 the following:“(a.1) in the case of a trademark that has been
used in Canada, the date from which the applicant
or his named predecessors in title, if
any, have so used the trademark in association
with each of the general classes of goods
or services described in the application;
(a.2) in the case of a trademark that has not
been used in Canada but is made known in
Canada, the name of a country of the Union
in which it has been used by the applicant or
his named predecessors in title, if any, and
the date from and the manner in which the
applicant or named predecessors in title have
made it known in Canada in association with
each of the general classes of goods or services
described in the application;
(a.3) in the case of a trademark that is the
subject in or for another country of the
Union of a registration or an application for
registration by the applicant or the applicant’s
named predecessor in title on which
the applicant bases the applicant’s right to
registration, particulars of the application or
registration and, if the trademark has neither
been used in Canada nor made known in
Canada, the name of a country in which the
trademark has been used by the applicant or
the applicant’s named predecessor in title, if
any, in association with each of the general
classes of goods or services described in the
application;
(a.4) in the case of a proposed trademark, a
statement that the applicant, by itself or
through a licensee, or by itself and through a
licensee, intends to use the trademark in
Canada;”
That Bill C-31, in Clause 345, be amended
(a) by replacing line 41 on page 223 with the following:
“the applicant, the Registrar shall, on receipt of a declaration of use that meets the requirements set out in subsection (2), register the”
(b) by adding after line 3 on page 224 the following:
“(2) A declaration of use must specify that the use of the trademark in Canada, in association with the goods or services specified in the application, has been commenced by
(a) the applicant;
(b) the applicant’s successor in title; or
(c) an entity that is licensed by or with the
authority of the applicant to use the trademark,
if the applicant has direct or indirect
control of the character or quality of the
goods or services.”