Document Type
Article
Abstract
A person who obtains registration of a trade mark under the Trade Marks Act' acquires a very valuable right. Unless his registration is shown to be in-valid, he may prevent anyone else using the same trade mark anywhere inCanada on any of the wares or services to which his registration extends. In addition, the registrant may prevent the use of a confusing trade mark or trade name, namely, any mark or name, whether in respect of the same wares or services or others, which would likely lead to the inference that the latter's wares, services or business are associated with the former's trade mark or business. The registrant may also prevent uses of his mark by others in a manner likely to depreciate the value of its goodwill. As well as obtaining injunctive and ancillary relief, the registrant may sue either in the Federal Court or a competent provincial court to recover damages or an account of profits in respect of such infringements.
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.
Citation Information
Vaver, David.
"Summary Expungement of Registered Trade Marks on the Ground of Non-Use."
Osgoode Hall Law Journal
21.1 (1983)
: 17-54.
DOI: https://doi.org/10.60082/2817-5069.1970
https://digitalcommons.osgoode.yorku.ca/ohlj/vol21/iss1/2