8. Rights given by defensive registration

Date Published

The registered owner of a defensive trade mark has the right under subsection 20(2) to obtain relief under the Act if the trade mark has been infringed.  The provisions under sections 120 and 122, dealing with infringement of registered trade marks, and section 126, dealing with the relief a court may grant in an action for infringement, apply to defensive trade marks.

A defensive trade mark may not be removed from the Register on grounds of non-use.