Care should be taken to ensure that generic use of a trademark is strictly avoided. If a trademark becomes generic, it loses its ability to distinguish a particular trader as the source of the goods or services associated with the trademark. Such loss of distinctiveness may make a registered mark vulnerable to expungement. Therefore, trademarks should never be used as the name or function of a product, but it is permissible for the trademark to modify the name of the product, e.g. ASPIRIN® brand acetylsalicylic acid.
Even though under Canadian law it is not necessary to do so, trademarks should be denoted with the ® or TM symbol wherever they are used. Furthermore, it is advisable to identify the owner of the mark, particularly if it is used by a licensee.
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