Trademarks Act (R.S.C., 1985, c. T-13)

Marginal note:When deemed to be used

• 4 (1) A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked on the goods themselves or on the packages in which they are distributed or it is in any other manner so associated with the goods that notice of the association is then given to the person to whom the property or possession is transferred.

• Marginal note:Idem

  (2) A trademark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services.

• Marginal note:Use by export

  (3) A trademark that is marked in Canada on goods or on the packages in which they are contained is, when the goods are exported from Canada, deemed to be used in Canada in association with those goods.