Invalidating a

Posted by / 25-Mar-2019 12:27

Section 45 sets out a summary procedure by which any party may request that the Office issue a notice requiring the registrant to file affidavit evidence demonstrating that the registrant has used its trademark in association with each of the listed goods and services within the three-year period immediately preceding the issuance of the notice.If the registrant does not file such evidence of use and does not demonstrate truly special circumstances justifying such non-use, the registration will be expunged.The most one can do in this line is to invalidate the arguments for eternity.

Similarly, a settlement agreement can be invalidated due to: A compromise induced by fraud can be invalidated.Now the question is, How these must be known and received by us so as not to invalidate our faith?There are certain grounds under which a compromise and settlement agreement can be invalidated.An example of a material misstatement is where the registrant incorrectly states, either in the application as filed or in a Declaration of Use, that it has used the trademark in Canada.A misstatement that is not material, such as an incorrect date of first use that does not affect entitlement, is not cause for invalidity. An innocent or even negligent misstatement that fundamentally affects the registration will be grounds for invalidating the registration.

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A trademark registration can be a powerful tool for preventing competitors from trading on one's goodwill.

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