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Trademark Owners Must Consider What is Taking Place in the Marketplace!

Once it has been decided to seek a trademark registration a trademark owner needs to

consider what is taking place in the marketplace to ensure that its rights are not being

infringed by third parties and are being maintained. This means that all employees must

be on the lookout on a continuing basis for cases of infringement. Consideration should

also be given to obtaining the assistance of professional watch service companies, to

monitor applications for trademarks filed by third parties and to look for infringement in

the marketplace, particularly on the Internet.


If infringement is occurring demands should be made and proceedings can be brought

to assert the owner’s rights under Trademarks Act. Third party applications for marks

that are potentially confusing with the trademark owner’s mark can be opposed. If the

trademark owner fails to assert it’s rights, the distinctiveness of the owner’s mark may

be put at risk.


As the protection of trademarks is territorial, when a brand name is used in other

countries separate coordinated protection measures must be implemented in each

country.


If you have questions, please contact me at mckeown@gsnh.com.


John McKeown

Goldman Sloan Nash & Haber LLP

480 University Avenue, Suite 1600

Toronto, Ontario M5G 1V2

Direct Line: (416) 597-3371

Fax: (416) 597-3370

Email: mckeown@gsnh.com


These comments are general in nature and not intended to provide legal advice as

individual situations will differ and should be discussed with a lawyer.

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