What is the current state of the law on the use of a trade mark?

Canada (Federal), Canada

The following excerpt is from Société des Loteries du Québec v. Club Lotto International C.L.I. Inc., 2001 CanLII 22036 (FC):

In Insurance Corporation of British Columbia v. Registrar of Trade-Marks, [1980] 1 F.C. 669 (F.C.), at 683, Cattanach J. went further: The logical consequence of the prohibition of the adoption and use of any mark as a trade mark or otherwise consisting of or resembling any of the devices mentioned in section 9 is to reserve the persons and bodies mentioned the exclusive user of those devices.

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