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

No, the mere use of the trademark will give rise to rights in favor of the user. These rights will be limited to the territory in which the trademark is used. The protection is therefore limited. It will also be necessary to establish the territory in which the trademark has been used.

Registration of a trademark is not mandatory in Quebec, or elsewhere in Canada, under the federal Trade-marks Act. However, it is strongly recommended.

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

On the other hand, trademark registration confers on the owner an exclusive right of use throughout Canada for a period of 10 years, renewable indefinitely.