'Use' It Or Lose It: Demystifying Trademark Use And Its Impact On Your Rights

All businesses employ some form of branding and marketing strategy and will inevitably encounter trademark law. There are few words in Canadian trademark law that carry more weight than "use." It may appear a deceptively simple word, but an understanding of this fundamental concept is essential to protecting your brand, steering clear of costly conflicts and being well positioned when unavoidable conflicts do arise.

"Use" has long been the driving force behind defining, enforcing and maintaining trademark rights. The importance of understanding and actioning "use" has never been greater, as underscored by recent amendments to the Trademarks Act. A detailed overview of these legislative changes is available in our previous Osler Update.