Definition of 'use' expanded to cover market testing

Canada

In ConAgra Foods Inc v Fetherstonaugh & Co, the Federal
Court has reversed the trademark registrar's decision to cancel for non-use
ConAgra's KID CUISINE mark. The court ruled that ConAgra's transfer of marked
sample goods to be used for market testing constituted 'use' for the purposes
of the Canadian Trademarks Act.

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