Use of the Trademark

At some point in time the applicant must commence use of the trademark.  A trademark is deemed to be used in association with wares (goods) if at the time of the transfer of the property in or possession of the wares in the normal course of trade, the trademark is marked on the wares themselves or on the packages in which they are distributed or it is any other manner associated with the wares that notice of the association is then given to the person to whom the property or possession is transferred.

A trademark is to be deemed to be used in association with services if it is used or displayed in the performance or advertising of those services.

Additionally a trademark that is marked in Canada on wares or packages in which they are contained in when the wares are exported from Canada they are deemed to be used in Canada in association with those wares.

Trademark rights can be lost if use of the trademark is not commenced or if use of the trademarks ceases for a longer period of time with no intention to resume use of the trademark in the future.

Trademarks are an essential tool necessary for the branding of products and/or services in the market place.  Trademarks can be perpetually maintained and  as a result the goodwill and value created in a brand name can result in significantly increasing the value of the business venture.  In addition, trademark protection is often obtained to protect valuable domain names particularly for companies who have a significant internet presence.