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Jan 14, 2025 (Newsletter Issue 1/25)
Canada
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Trademark Office begins Government-initiated non-use cancellations


The Trademarks Opposition Board (TMOB) initiated a pilot project in January 2025. In phase 1, the Registrar of Trademarks will proactively issue monthly batches of section 45 notices (cancellation proceedings for non-use under Section 45 of the Trademarks Act) against randomly selected registrations. This requires owners of registered trademarks that have been on the Register for over three years to submit evidence of trademark use or, where applicable, justification for non-use based on special circumstances.

The goal of the pilot project is to identify "deadwood" on the Register of Trademarks. One of the Registrar’s priorities is to ensure that the Register accurately reflects trademarks that are in use, enabling efficient resource utilization, promoting fair competition, and maintaining the integrity of the trademark system.

Once a statistically significant number of proceedings have concluded, the TMOB will organize consultations to gather feedback in phase 2. These consultations will determine whether the pilot project should continue, if specific types of registrations should be targeted, whether section 45 notices should be issued against all or only some of the registered goods and services, and whether the Registrar should conduct an investigation against a selected registration and issue a section 45 notice only if the investigation does not show any use of the trademark in Canada.


Source: www.groupetcj.ca