Obtaining the registration for your trademark is an important step in protecting your brand, but it doesn’t stop there. There is a requirement that the owner of a registered mark use the trademark in Canada. If you don’t use your trademark, your trademark registration could be cancelled/expunged from the Register of Trademarks.
Expungement (aka Section 45) Proceedings
After a trademark has been registered for 3 years or more, any person may submit a request (and pay a fee) for the cancellation of a registered trademark on the basis of non-use.
If an owner of a registered trademark receives a Section 45 notice, they are required to submit evidence showing the use of their trademark in order to maintain the registration.
What is considered use?
Use of a trademark for services includes, for example, use or display of the trademark in the performance or advertising of those services.
Use of a trademark for goods includes, for example, displaying at the time of sale the trademark on the goods themselves or on the packaging of the goods.
Document your Use
It is a good practice as a registered trademark owner to keep copies and examples of your product, packaging and advertising that display your trademark. As well, you should identify the dates that apply to each of these items to show your use of the trademark over time. That way if you are ever required to prove the use of your trademark, you have the information and examples readily available.
Contact Sander Law today to discuss your trademarks!
The above content is for informational purposes only and is not legal or professional advice.