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ARTICLE · 04 JULY 2018

"Passing Off" A Trademark: A Discussion Of Common Law, Statutory Codification, And Civil Law

Canadian trademark law offers protection to registered and unregistered trademarks, trade names, and other business indicia under the common law action of passing off.

CanadaIntellectual Property

I. Overview: Common law and statute

Canadian trademark law offers protection to registered and unregistered trademarks, trade names, and other business indicia under the common law action of passing off.1 The common law action for passing off has been statutorily codified in Canada's Trade-marks Act2 (Act) in section 7(b) through (d). The relevant section reads as follows:

7. No person shall

(b) direct public attention to his goods, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his goods, services or business and the goods, services or business of another;

(c) pass off other goods or services as and for those ordered or requested;

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