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Acquiring Rights
Rights in a trademark are created through (1) use of the trademark on goods or in association with services; and (2) filing an application to register the mark. Frequently it is the first person to use a trademark in Canada or the U.S., as the case may be, who is entitled to register the mark and obtain exclusive rights, although it is possible to file an application to register a mark based on an intention to use the trademark and thereby establish priority. In some countries, including the U.S. and Canada, it is not necessary to register a trademark in order to acquire the legal right to use it, but registration carries with it a number of advantages.
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