Claiming use goes as a trademark filing basis in Canada

Erika Murray Expert Insights, trademarks

In the Federal Court decision of Metro Brands S.E.N.C. v. 1161396 Ontario Inc. 2017 FC 806, at issue was whether showing use in association with a trademark is only required for the general classes of goods or whether there needs to be use of each of the specific claimed goods within a particular class.

The applicant, Metro, argued that use only need to commence for each general class of goods. However, the Federal Court of Canada held that although trademark applications are filed based on…

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