Timber Marking Act (R.S.C., 1985, c. T-11)

Act current to 2012-05-02

Marginal note:Marks may be cancelled

6. Any person who has registered a timber mark may petition for its cancellation, and the Minister may, on receiving that petition, cause the mark to be cancelled, and the mark shall, after the cancellation, be considered as if it had never been registered under the name of that person.

  • R.S., c. T-8, s. 6.
Marginal note:Registered marks assignable

7. Every registered timber mark is assignable in law, and, on the production of the assignment and the payment of the fee set out in section 11, the Minister shall cause the name of the assignee, with the date of the assignment and such other details as he sees fit, to be entered on the margin of the Timber Mark Register on the folio where that mark is registered.

  • R.S., c. T-8, s. 7.
Marginal note:Different marks to be used

8. If any person makes application to register as his own any timber mark that is already registered, the Minister shall give notice of the fact to that person, who may then select some other mark and forward it for registration.

  • R.S., c. T-8, s. 8.
Marginal note:Prohibition

9. No person, other than the person who has registered a timber mark, shall mark any timber of any description with any mark registered under this Act or with any part of that mark.

  • R.S., c. T-8, s. 9.
Marginal note:Rectifying entries

  • 10. (1) The Federal Court may, on the information of the Attorney General, or at the suit of any person aggrieved by any omission, without sufficient cause, to make any entry in the Timber Mark Register, or by any entry made or remaining without sufficient cause in that Register, make such order for making, expunging or varying any entry in that Register as the Court thinks fit, or the Court may refuse the application.

  • Marginal note:Costs

    (2) The Federal Court may, in any proceeding under subsection (1), make such order with respect to cost as the Court thinks fit.

  • Marginal note:Questions decided

    (3) The Federal Court may, in any proceeding under this section, decide any question that it may be necessary or expedient to decide for the rectification of the Timber Mark Register.

  • R.S., c. T-8, s. 10;
  • R.S., c. 10(2nd Supp.), s. 64.

GENERAL

Marginal note:Table of fees

  • 11. (1) The following fees are payable:

    • (a) on every application to register a timber mark, including the certificate of registration, $2.00;

    • (b) for each certificate of registration not already provided for, $0.50;

    • (c) for each copy of any drawing, the reasonable expenses of preparing the drawing; and

    • (d) for recording any assignment, $1.00.

  • Marginal note:Fees form part of C.R.F.

    (2) The fees set out in subsection (1) shall be paid by the Minister to the Receiver General, and shall form part of the Consolidated Revenue Fund.

  • R.S., c. T-8, s. 11.