Is a trade-mark or trade-name used in the advertising of a competitor’s services available in Canada?
Canada (Federal), Canada
The following excerpt is from Carbon Trust v. Pacific Carbon Trust, 2013 FC 946 (CanLII):
That said, as long as the opponent’s services are available in Canada, and a trade-mark or trade-name has been used or displayed in the advertising of those services, the mark or name will be deemed to have been used within the meaning of the Act: Kelly v. Alexander, [2001] T.M.O.B. No. 129, 14 C.P.R. (4th) 567 at 573.
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