“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.

 Cancellation for Non-Use – section 45 proceedings

A Canadian trademark registration may be cancelled if at any time that is 3 years after the date of registration, the owner has not used the trademark within the previous 3 years.

Learn more about these ‘cancellation for non-use’ proceedings here.