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ARTICLE · 23 MARCH 2009

The Importance Of An Accurate Declaration Of Use

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A recent decision of the Federal Court emphasizes the importance of filing a declaration of use relating to a trade mark application that is accurate in all respects.

CanadaIntellectual Property
John McKeown
John McKeown
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A recent decision of the Federal Court emphasizes the importance of filing a declaration of use relating to a trade mark application that is accurate in all respects.

The Procedure

An application for a trade mark may be filed on the basis of proposed use. This is beneficial since a trade mark owner can, in effect, reserve a trade mark. However, a registration can not be obtained until a declaration is filed confirming that the mark has been used in association with some or all of the wares or services listed in the application.

The Facts

In the case, the applicant filed a trade mark application with a lengthy list of wares. Unfortunately, the declaration of use which was filed stated incorrectly that the mark had been used in association with all of the wares applied for.

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