Is it mandatory to proceed to the registration of a trademark? | ScriptaLegal
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Frequently asked questions > Intellectual property > Trademark > Is it mandatory to proceed to the registration of a trademark?

Is it mandatory to proceed to the registration of a trademark?

No, the simple use of the trademark will generate rights in favor of the user. These rights will be limited to the territory in which the trademark is used. It is thus a limited protection. It will furthermore be necessary to establish the territory in which the trademark was used.

A trademark used in Montreal could be used by a third party in Vancouver without the user in Montreal being able to assert his rights if the user in Vancouver can demonstrate that he has used this trademark in Vancouver.

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