Acquisition Of Rights Under The Trademarks Act

Adoption

The Trademarks Act contemplates that rights in a mark are acquired by adopting it. A trademark is deemed to have been adopted by a person when that person or their predecessor in title commenced to use it in Canada or to make it known in Canada or, if that person or their predecessor had not previously so used it or made it known, when that person or their predecessor filed an application for its registration in Canada.

Making Known

A trademark is deemed to be made known in Canada by a person only if it is used by that person in a country of the Union, other than Canada, in association with goods or services, and

1. the goods are distributed in association with it in Canada, or