Forgery of Trade-marks and Trade Descriptions

Forgery of Trade-marks and Trade Descriptions

Marginal note:Forging trade-mark

406 For the purposes of this Part, every one forges a trade-mark who

• (a) without the consent of the proprietor of the trade-mark, makes or reproduces in any manner that trade-mark or a mark so nearly resembling it as to be calculated to deceive; or
• (b) falsifies, in any manner, a genuine trade-mark.

• R.S., c. C-34, s. 364.

Marginal note:Offence

407 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trade-mark.

• R.S., c. C-34, s. 365.

Marginal note:Passing off

408 Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not,

• (a) passes off other wares or services as and for those ordered or required; or
• (b) makes use, in association with wares or services, of any description that is false in a material respect regarding
  • (i) the kind, quality, quantity or composition,
  • (ii) the geographical origin, or
  • (iii) the mode of the manufacture, production or performance
  of those wares or services.

• R.S., 1985, c. C-46, s. 408;
• 1992, c. 1, s. 60(F).

Marginal note:Instruments for forging trade-mark

• 409 (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trade-mark.

• Marginal note:Saving

  (2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.

• R.S., c. C-34, s. 367.

Marginal note:Other offences in relation to trade-marks

410 Every one commits an offence who, with intent to deceive or defraud,

• (a) defaces, conceals or removes a trade-mark or the name of another person from anything without the consent of that other person; or
• (b) being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trade-mark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or traffic.

• R.S., c. C-34, s. 368.

Marginal note:Used goods sold without disclosure

411 Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trade-mark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.

• R.S., c. C-34, s. 369.

Marginal note:Punishment

• 412 (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 is guilty of
  • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
  • (b) an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (2) Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.

• R.S., c. C-34, s. 370.

Marginal note:Falsely claiming royal warrant

413 Every one who falsely represents that goods are made by a person holding a royal warrant, or for the service of Her Majesty, a member of the Royal Family or a public department is guilty of an offence punishable on summary conviction.

• R.S., c. C-34, s. 371.

Marginal note:Presumption from port of shipment

414 Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.