Is a distributor entitled to a trade-mark if it has not breached its fiduciary obligations to the foreign principal?

Note that these decisions do not stand for the proposition that a distributor is entitled to a trade-mark if it has not breached its fiduciary obligations to the foreign principal. In order to be entitled to registration of that mark, the distributor still must have used the mark as "use" is defined in section 4 of the Trade-marks Act. As Joyal J. noted in Optagest Canada v. Services Optométriques (S.O.I.)(1991), 37 C.P.R. (3d) 28 (F.C.T.D.) at page 37: [b]efore the legitimate aspect of use of a mark or the fiduciary obligations of a member to his colleagues can limit his conduct, use giving rise to a right must first be established.