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November-December, 2010 Vol. 100 No. 6 Back to TMR Main Page
 
Trademark Registration in Canada: The Thorny Issue of Use
 
 
One of the most basic fundamentals of trademark law in
Canada is that it is a “use” country. While at first blush this may seem to be a straightforward point, the emphasis on use
distinguishes Canada from a great many countries around the
world. Moreover, while “use” is a diminutive word, it carries with it a host of issues and complications. In view of this, one might wonder: Where did the concept of use in relation to trademarks come from, why has it persisted and why is it emphasized during the registration process in Canada?
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