Trade-marks Act

The primary means of protecting registered trade-marks is through an an action under the Trade-marks Act.

The RCMP/GRC wording is specifically protected under the Trade-marks Act.

It was not until the case was at the Supreme Court that Ritvik challenged the constitutionality of s. 7(b) of the Trade-marks Act.

The doctrine of functionality is reflected in section 13(2) of the "Trade-marks Act", which provides that: "No registration of a distinguishing guise interferes with the use of any utilitarian feature embodied in the distinguishing guise".