February 2013

All posts from February 2013

Expunging a Registered Trade-Mark that is Not In Use

by Allan Oziel on February 22, 2013 No comments

Under the Trade-Marks Act (“Act”), registrants must “use” their trade-mark or risk expungement (losing their registration). Under Section 4 of the Act, use is essentially deemed to include use on the packaging/marketing of wares at the time of transfer and when it is displayed and advertised in the performance of services, whether by the registrant or a licensee under Section 50 of the Act.

The purpose of this is to ensure that the Trade-Mark Registrar is clean from trade-marks that have fallen into disuse. It is not the intention of the Canadian Intellectual Property Office to allow registrants to “hold onto” trade-marks.

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Allan OzielExpunging a Registered Trade-Mark that is Not In Use