English term
at any time
whether the trade-mark was in use in Canada at any time during the three year period immediately preceding the date of the notice
What exactly does "at any time" mean?
1. The trademark needs to be used at least one arbitrary time during the three year period, and it can be just once for one month during the three year period.
2. The trademark needs to be used at any time someone else may speficy during the period. It has to be used continually over the three year period to meet this condition (because you don't know which time that someone may specify).
What is the difference between this and "at some point during..." or "over the period of...?"
Thank you.
Non-PRO (2): Egil Presttun, Edith Kelly
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Responses
on any occasion or during any period of time
agree |
humbird
: Completely agree ... could be left out. This is one of the typical "preferred expressions" frequently used in lawyer-written legal documents (who else would write them?).
1 hr
|
agree |
MariaFilomena
: could be left out - lawyers!!!
11 hrs
|
agree |
Tina Vonhof (X)
: But if you leave it out, it could be taken to mean 'the whole time'.
17 hrs
|
Yes, you are right of course, I just meant that it had the function of adding extra precision.
|
Discussion
45. (1) The Registrar may at any time and, at the written request made after three years from the date of the registration of a trade-mark by any person who pays the prescribed fee shall, unless the Registrar sees good reason to the contrary, give notice to the registered owner of the trade-mark requiring the registered owner to furnish within three months an affidavit or a statutory declaration showing, with respect to each of the wares or services specified in the registration, whether the trade-mark was in use in Canada at any time during the three year period immediately preceding the date of the notice and, if not, the date when it was last so in use and the reason for the absence of such use since that date.
URL: http://laws.justice.gc.ca/eng/T-13/page-5.html