Section 45 and the Consequences of Partial Use

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An innocent misstatement is not sufficient to make a trade-mark unregistrable. On January 8, 2009, the Federal Court of Canada in the case of Parfums de Coeur, Ltd. v. Christopher Asta, refused to expunge a trade-mark registration that contained false information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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