Trademarks: Material Misstatements In Declarations Of Use Revisited

A Canadian trademark registration can be invalidated not only on the grounds enumerated in section 18 of the Trade-Marks Act (the "Act")¹, but also, pursuant to the authority provided in section 57(1) of the Act, if an applicant, in connection with a trademark application, makes: (a) an intentional and fraudulent misstatement; or (b) a material misstatement that, while innocent, is fundamental to the registration of such application.² The impact of making material misstatements in an applicant's declaration of use has varied depending on the context. In some cases, this has led to the subsequently secured trademark registration being deemed void ab initio,³ while in other cases it has not.⁴