The Canadian Intellectual Property Office has announced that as of December 1, 2023, updates to the Practice Notices for trademark opposition proceedings and section 45 (non-use cancellation) proceedings will come into effect. These changes are being made in furtherance of the Trademarks Opposition Board’s continuing efforts to provide more timely and efficient proceedings. In brief, the updates shorten the time period within which cross-examination must be completed, cap available extensions of time, and introduce a new exceptional circumstance to justify an extension of time. All cross-examination requests and requests for extensions of time made on or after December 1, 2023, will be subject to the new Practice Notices. Trademark owners and their agents involved in trademark opposition proceedings or section 45 proceedings will need to work diligently to ensure that all deadlines are met within the newly imposed timeframes.
Extensions of Time Reduced
The Canadian Intellectual Property Office publishes practice notices to provide guidance on the processes in trademark opposition proceedings and the expungement procedure for non-use under Section 45 of the Trademarks Act (the “Act”). The majority of the changes introduced in the Practice Notices reduce the maximum extension period available in opposition and section 45 proceedings. Read more