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ARTICLE · 14 NOVEMBER 2013

8 Ways To Protect Your Trade-Mark Registrations

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Does your organization have a Canadian trade-mark registration?

CanadaIntellectual Property

Does your organization have a Canadian trade-mark registration?  If yes, your organization can do certain things to help maintain the benefits afforded by registration.  The following are some general guidelines which, if followed, can help protect an organization's registered trade-mark rights. 

1.  Use the registered trade-mark every three years with the wares and services listed in the registration.

Under Canadian trade-mark law, a third party can request the Registrar of Trade-marks to cancel a registration if the owner cannot show use of the subject trade-mark in the preceding three-year period with any of the wares and services listed in the registration.  If the owner can show use with some but not all of the wares and services, those wares and services with which the mark has been used will be maintained, while all others will be deleted.

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