Canada Court of Appeal Rules Placement of Trade-Mark on Invoice is Use

摘要

Traders therefore have an interest in displaying in a prominent fashion their trade-mark at the top of their invoices if all the above conditions are present. Such practice could then allow a trader to establish trademark use in association with its wares sold, if required. The Federal Court of Appeal's decision confirms that a trade-mark appearing on the top of an invoice can be relied upon to establish use of a trade-mark if such invoice accompanies the wares sold and the trade-mark in question is clearly linked to the wares. For such a finding to be made, the trade-mark must clearly stand out. Finally, no other trade-mark should be present on the invoice to avoid muddling the link between the trademark and the wares.