At the moment of a trademark cancellation for non-use, the owner must evidence its use.
It is important to keep in mind the following aspects that the Trademark Office suggests for demonstrating the use of the sign:
A trademark is in use when the covered products and/or services have been placed in the commerce, market or exported to one of the countries members of the CAN.
The quantities sold must be classified as merely symbolic or significative to demonstrate real use of the trademark in the market.
The quantity of the product or service should also be considered with regards to the commercialization methods.
The proof of the use of the trademark basically relies on its exploitation, and the evidence must be related with advertisement expenses, sales, invoices, etc.
If there is a license of use of the trademark it must be exhibit, since licenses have an economic function that is important to open the field of action of a brand or to enter into the market.
If there is a simple authorization for the use of the trademark in the market, in this case owner must show the economic relationship.
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