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“Use”: a fundamental concept

Goods

In Canada, a trademark is used in association with goods if, at the time of any sale of the goods the trademark is clearly marked on the packaging of goods or a bill of lading that accompanies them.

Services

A trademark is used in association with services if, at any time when the services are advertised, the trademark is used in performance or advertising of the services.

Use – or Proposed Use

When an applicant files an application to a Canadian trademark, the applicant may:

  1. Already be using the trademark in Canada; or
  2. Propose to use the trademark in Canada at a later date.

There is no longer a requirement to specify if the trademark is in use in Canada on the trademark application.

No evidence filed

In Canada, no evidence or specimens of use are filed.

 

 

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