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ARTICLE · 12 APRIL 2017

The Advisor: Best Practices For Display Of A Trademark On Software

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Xylem Water Solutions Manufacturing Alberta ("Xylem") was the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations.

CanadaIntellectual Property
Richard Stobbe
Richard Stobbe
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Xylem Water Solutions Manufacturing Alberta ("Xylem") was the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations.

Xylem received a section 45 challenge under the Trade-marks Act (the "Act"). A section 45 notice requires the owner of a registered trademark to prove that the mark has been used in Canada during the three-year period immediately before the notice date. The term "use" has a special meaning in trademark law. In this case, Xylem was put to the task of showing "use" of the mark AQUAVIEW in association with software in Canada during the relevant period.

How does a software vendor show "use" of a trademark on software in Canada?

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