Olympic and Paralympic Marks Act
(S.C. 2007, c. 25)
(as amended up to June 17, 2019)
Assented to 2007-06-22
An Act respecting the protection of marks related to the Olympic Games and the
Paralympic Games and protection against certain misleading business associations
and making a related amendment to the Trade-marks Act
Her Majesty, by and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
Short title
1 This Act may be cited as the Olympic and Paralympic Marks Act.
Interpretation
2 (1) The following definitions apply in this Act.
COC means the Canadian Olympic Committee, a corporation incorporated under
Part II of The Companies Act, 1934, chapter 33 of the Statutes of Canada, 1934.
(COC)
court means the Federal Court or the superior court of a province. (tribunal)
CPC means the Canadian Paralympic Committee, a corporation incorporated under
Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of
Canada, 1970. (CPC)
Olympic or Paralympic mark means, subject to subsection (3), a mark set out in
Schedule 1 or 2. (marque olympique ou paralympique)
organizing committee means any organization that is recognized, by the COC
and a city in Canada elected to host an Olympic Games or Paralympic Games, as
being responsible for the planning, organizing, financing and staging of those
Games.
(comité d’organisation)
Words and expressions
(2) Unless the context otherwise requires, words and expressions used in this Act
have the same meaning as in the Trademarks Act.
Schedule 2 marks
(3) A mark set out in column 1 of Schedule 2 is considered not to be an Olympic or
Paralympic mark after the corresponding expiry date set out in column 2.
2007, c. 25, s. 2; 2014, c. 20, s. 366(E).
Prohibited marks
3 (1) No person shall adopt or use in connection with a business, as a trademark or
otherwise, an Olympic or Paralympic mark or a mark that so nearly resembles an
Olympic or Paralympic mark as to be likely to be mistaken for it.
Prohibited marks — translations
(2) No person shall use in connection with a business, as a trademark or otherwise,
a mark that is a translation in any language of an Olympic or Paralympic mark.
Exception
(3) Subsections (1) and (2) do not apply to an organizing committee, the COC or the
CPC.
Excepted uses
(4) Nothing in subsection (1) or (2) prevents
(a) the adoption, use or registration, as a trademark or otherwise, of a mark
described in subsection (1) or (2) if the person has obtained the written consent
of an organizing committee during any period prescribed by regulation or of the
COC or the CPC during any other period, and acts in accordance with that
consent;
(b) the use of a trademark by an owner or licensee of the trademark if an owner
or licensee of the trademark used it before March 2, 2007 and the use
subsequent to that date is in association with
(i) the same goods or services as those for which the trademark was used
before that date,
(ii) the goods or services in respect of which it is registered under the
Trademarks Act, or
(iii) any other goods or services of the same general class as that for which it
is registered or was, before that date, used;
(c) the use of a trademark by an owner or licensee of the trademark if an owner
or licensee of the trademark used it before the day of publication in Part I of the
Canada Gazette of an order that, by adding a mark to Schedule 1 or 2, prohibits
the use of the trademark and the use subsequent to that day is in association with
(i) the same goods or services as those for which the trademark was used
before that date,
(ii) the goods or services in respect of which it is registered under the
Trademarks Act, or
(iii) any other goods or services of the same general class as that for which it
is registered or was, before that date, used;
(d) the use by Her Majesty, a university or a public authority, or a person
authorized by Her Majesty, the university or the public authority, of a badge,
crest, emblem or other mark in respect of which Her Majesty, the university or the
public authority, as the case may be, has requested that the Registrar give public
notice under paragraph 9(1)(n) of the Trademarks Act, if the notice is given
before March 2, 2007;
(e) the use by Her Majesty, a university or a public authority, or a person
authorized by Her Majesty, the university or the public authority, of a badge,
crest, emblem or other mark in respect of which Her Majesty, the university or the
public authority, as the case may be, has requested that the Registrar give public
notice under paragraph 9(1)(n) of the Trademarks Act, if the notice is given
before the day of publication in Part I of the Canada Gazette of an order that, by
adding a mark to Schedule 1 or 2, prohibits the use of the badge, crest, emblem
or other mark;
(f) the use of a protected geographical indication identifying a wine or spirit or an
agricultural product or food if the wine or spirit or the agricultural product or food
originates in the territory indicated by the indication;
(g) the use by a person of their address, the geographical name of their place of
business, an accurate indication of the origin of their goods or services, or an
accurate description of their goods or services to the extent that the description is
necessary to explain those goods or services to the public;
(h) the use by an individual of their name; or
(i) the use by an individual who has been selected by the COC or the CPC to
compete, or has competed, in an Olympic Games or Paralympic Games, or
another person with that individual’s consent, of the mark “Olympian”, “Olympic”,
“Olympien” or “Olympique”, or “Paralympian”, “Paralympic”, “Paralympien” or
“Paralympique”, as the case may be, in reference to the individual’s participation
in, or selection for, those Games.
Clarification
(5) For greater certainty, the use of an Olympic or Paralympic mark or a translation of
it in any language in the publication or broadcasting of a news report relating to
Olympic Games or Paralympic Games, including by means of electronic media, or
for the purposes of criticism or parody relating to Olympic Games or Paralympic
Games, is not a use in connection with a business.
Clarification
(6) For greater certainty, the inclusion of an Olympic or Paralympic mark or a
translation of it in any language in an artistic work, within the meaning of the
Copyright Act, by the author of that work, is not in itself a use in connection with a
business if the work is not reproduced on a commercial scale.
2007, c. 25, s. 3; 2014, c. 20, s. 366(E), c. 32, s. 62; 2017, c. 6, s. 130.
Prohibited acts
4 (1) No person shall, during any period prescribed by regulation, in association with
a trademark or other mark, promote or otherwise direct public attention to their
business, goods or services in a manner that misleads or is likely to mislead the
public into believing that
(a) the person’s business, goods or services are approved, authorized or
endorsed by an organizing committee, the COC or the CPC; or
(b) a business association exists between the person’s business and the Olympic
Games, the Paralympic Games, an organizing committee, the COC or the CPC.
Use of expressions set out in Schedule 3
(2) In determining whether a person has acted contrary to subsection (1), the court
shall take into account any evidence that the person has used, in any language,
(a) a combination of expressions set out in Part 1 of Schedule 3; or
(b) the combination of an expression set out in Part 1 of Schedule 3 with an
expression set out in Part 2 of that Schedule.
Proximity to mark
(3) The placement of an advertisement in proximity to published material — including
material published electronically — that contains an Olympic or Paralympic mark or a
translation of it in any language is not in itself an act contrary to subsection (1).
2007, c. 25, s. 4; 2014, c. 20, s. 366(E), c. 32, s. 62.
Remedies
5 (1) If a court finds, on application, that an act has been done contrary to section 3
or 4, it may make any order that it considers appropriate in the circumstances,
including an order providing for relief by way of injunction and the recovery of
damages or profits, for punitive damages, for the publication of a corrective
advertisement and for the destruction, exportation or other disposition
(a) of any offending goods, packaging, labels and advertising material; and
(b) of any equipment used to apply to those goods, packaging, labels or
advertising material a mark whose adoption or use is prohibited under section 3.
Application to court
(2) An application referred to in subsection (1) may be made
(a) during any period prescribed by regulation, only by
(i) an organizing committee, or
(ii) the COC or the CPC, or a person who uses an Olympic or Paralympic
mark with the written consent referred to in paragraph 3(4)(a), if the COC, the
CPC or the person, as the case may be, has obtained during that period an
organizing committee’s written authorization to make the application, or has
made a written request during that period to an organizing committee for its
authorization to which the committee has not responded, in writing, within 10
days after receipt of the request; or
(b) during any other period, only by
(i) the COC or the CPC, or
(ii) an organizing committee, or a person who uses an Olympic or Paralympic
mark with the written consent referred to in paragraph 3(4)(a), if the committee
or person, as the case may be, has obtained during that period the COC’s or
the CPC’s written authorization to make the application, or has made a written
request during that period to the COC or the CPC for its authorization to which
the COC or the CPC, as the case may be, has not responded, in writing,
within 10 days after receipt of the request.
No unreasonable refusal
(3) The authorization may not be unreasonably refused.
2007, c. 25, s. 5; 2014, c. 20, s. 364, c. 32, s. 61.
Interim or interlocutory injunction
6 If an interim or interlocutory injunction is sought during any period prescribed by
regulation in respect of an act that is claimed to be contrary to section 3 or 4, an
applicant is not required to prove that they will suffer irreparable harm.
Limitation period
7 No remedy may be awarded in respect of an act contrary to section 3 or 4 that was
committed more than three years before the commencement of an action under
subsection 5(1).
Detention and disposition of imported goods
8 (1) A court may, on application,
(a) if it considers that any goods to which an Olympic or Paralympic mark has
been applied are about to be imported into Canada or have been imported into
Canada but have not yet been released, within the meaning of the Customs Act,
and that their distribution in Canada would be a use of the mark as a trademark
that is contrary to section 3, make an order
(i) directing the Minister of Public Safety and Emergency Preparedness to
take reasonable measures, on the basis of information reasonably required by
that Minister and provided by the applicant, to detain the goods,
(ii) directing that Minister to notify the applicant and the owner or importer of
the goods, without delay after detaining them, of the detention and the
reasons for it, and
(iii) providing for any other matters that the court considers appropriate; and
(b) if it finds that the distribution in Canada of goods detained in accordance with
an order made under paragraph (a) would be a use of the mark as a trademark
that is contrary to section 3, make any order that it considers appropriate in the
circumstances, including an order that the goods be destroyed or exported or that
they be delivered up to the applicant as the applicant’s property absolutely.
Application to court
(2) An application referred to in subsection (1) may be made
(a) during any period prescribed by regulation, only by
(i) an organizing committee, or
(ii) the COC or the CPC, if it has obtained during that period an organizing
committee’s written authorization to make the application, or has made a
written request during that period to an organizing committee for its
authorization to which the committee has not responded, in writing, within 10
days after receipt of the request; or
(b) during any other period, only by
(i) the COC or the CPC, or
(ii) an organizing committee, if the committee has obtained during that period
the COC’s or the CPC’s written authorization to make the application, or has
made a written request during that period to the COC or the CPC for its
authorization to which the COC or the CPC, as the case may be, has not
responded, in writing, within 10 days after receipt of the request.
No unreasonable refusal
(3) The authorization may not be unreasonably refused.
Application for detention order
(4) An application for an order under paragraph (1)(a) may be made either on notice
or ex parte. In all cases, notice of such an application must be given to the Minister
of Public Safety and Emergency Preparedness.
Security
(5) Before making an order under paragraph (1)(a), the court may require the
applicant to furnish security, in an amount fixed by the court,
(a) to cover duties, within the meaning of the Customs Act, and storage and
handling charges, and any other amount that may become chargeable against
the goods; and
(b) to answer any damages that may by reason of the order be sustained by the
owner, importer or consignee of the goods.
Application for directions
(6) The Minister of Public Safety and Emergency Preparedness may apply to the
court for directions in implementing an order made under paragraph (1)(a).
Permission to inspect
(7) The Minister of Public Safety and Emergency Preparedness may give the
applicant or importer of the goods detained in accordance with an order made under
paragraph (1)(a) an opportunity to inspect them for the purpose of substantiating, in
the case of the applicant, or refuting, in the case of the importer, the applicant’s
claim.
Release of goods
(8) Unless an order made under paragraph (1)(a) provides otherwise, the Minister of
Public Safety and Emergency Preparedness shall, subject to the Customs Act and to
any other Act of Parliament that prohibits, controls or regulates the importation or
exportation of goods, release, within the meaning of the Customs Act, the goods
detained in accordance with the order without further notice to the applicant if, two
weeks after the applicant has been notified under subparagraph (1)(a)(ii), that
Minister has not been notified that an action has been commenced for an order
under paragraph (1)(b).
2007, c. 25, s. 8; 2014, c. 20, s. 366(E), c. 32, s. 62.
Exportation of goods
9 A court shall not make an order under subsection 5(1) or paragraph 8(1)(b) for the
exportation of goods bearing an Olympic or Paralympic mark unless it includes, as a
condition of the order, a requirement that the mark be removed from the goods
before they are exported.
2007, c. 25, s. 9; 2014, c. 32, s. 62.
Jurisdiction of Federal Court
10 The Federal Court has jurisdiction to entertain any action or proceeding for the
enforcement of any of the provisions of this Act or of any right or remedy conferred or
provided by this Act.
Effect of public notice
11 For greater certainty, public notice by the Registrar of the adoption and use of a
badge, crest, emblem or other mark in accordance with a request made under
paragraph 9(1)(n) of the Trademarks Act has no legal effect if, at the time of the
request, the requester was prohibited under section 3 from adopting or using it.
2007, c. 25, s. 11; 2014, c. 20, s. 366(E).
Regulations
12 (1) The Governor in Council may, by regulation, on the recommendation of the
Minister of Industry, prescribe periods for the purposes of paragraph 3(4)(a),
subsection 4(1), paragraph 5(2)(a), section 6 and paragraph 8(2)(a).
Orders
(2) The Governor in Council may, by order, on the recommendation of the Minister of
Industry,
(a) amend Schedule 1 by adding or deleting any mark relating to Olympic Games
or Paralympic Games, other than those that are referred to in paragraph (b);
(b) amend Schedule 2 by adding to or deleting from that Schedule, in column 1,
any mark relating to Olympic Games or Paralympic Games hosted by Canada,
and, in respect of any such mark, adding to or deleting from that Schedule, in
column 2, the corresponding expiry date; and
(c) amend Schedule 3 by adding any expression that in the opinion of the
Governor in Council may be relevant in determining whether an act has been
done contrary to section 4, or by deleting any expression set out in that Schedule.
Amendment to this Act 13 [Amendment]
Related Amendment
Trade-marks Act
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
14 [Amendment]
Coming into Force
Order in council
15 (1) The provisions of this Act, other than section 13, come into force on a
day or days to be fixed by order of the Governor in Council.
Section 13
(2) Section 13 comes into force on December 31, 2010.
[Note: Act, other than section 13, in force December 17, 2007, see SI/2007-117.]
SCHEDULE 1
(Subsection 2(1) and paragraphs 3(4)(c) and (e) and 12(2)(a))
Marks
Canadian Olympic Committee
Canadian Paralympic Committee
Citius, Altius, Fortius
Comité international olympique
Comité international paralympique
Comité olympique canadien
Comité paralympique canadien
Faster, Higher, Stronger
International Olympic Committee
International Paralympic Committee
Jeux olympiques
Jeux paralympiques
L’esprit en mouvement
Olympia
Olympiad
Olympiades
*
*
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Olympian
Olympic
Olympic Games
Olympics
Olympie
Olympien
Olympique
Olympiques
Paralympiad
Paralympiades
Paralympian
Paralympic
Paralympic Games
Paralympics
Paralympien
Paralympique
Paralympiques
Plus vite, plus haut, plus fort
Spirit in Motion
39
1 to 10
SCHEDULE 2
(Subsections 2(1) and (3), paragraphs 3(4)(c) and (e) and 12(2)(b) and section 13)
Marks
Column 1 Column 2
Item Mark Expiry Date
1 to 53 [Repealed, 2007, c. 25, s. 13]
2007, c. 25, Sch. 2, s. 13; SOR/2009-332.
SCHEDULE 3
(Subsection 4(2), paragraph 12(2)(c) and section 13)
Expressions
PART 1 [Repealed, 2007, c. 25, s. 13]
1 to 7
PART 2 [Repealed, 2007, c. 25, s. 13]
2007, c. 25, Sch. 3, s. 13.