“Use”: a fundamental concept
Goods
In Canada, a trademark is used in association with goods if, at the time of any sale of the goods the trademark is clearly marked on the packaging of goods or a bill of lading that accompanies them.
Services
A trademark is used in association with services if, at any time when the services are advertised, the trademark is used in performance or advertising of the services.
Use – or Proposed Use
When an applicant files an application to a Canadian trademark, the applicant may:
a) Already be using the trademark in Canada; or
b) Propose to use the trademark in Canada at a later date.
There are no requirements to have sales in Canada to obtain registration of the trademark.
