Author: Joe Conneely, Conneely PC
Decisions in Canadian trademark opposition and Section 45 expungement proceedings made by the Trademarks Opposition Board (TMOB) are now available online on the Canadian Intellectual Property Office’s Decisia website. The TMOB acts on behalf of the Registrar of Trademarks with respect to such proceedings. TMOB decisions may be searched by date, full text, trademark, application number, registration number, and/or TMOB member/hearing officer name.
Recall that an opposition is a proceeding before the Registrar of Trademarks whereby a third party (or opponent) may object to an application for the registration of a trademark. A successful opposition prevents registration of the mark by the applicant. Under Section 45 of the Trademarks Act, a trademark registration may be expunged if the mark has not been in use in Canada during the past three years and there are no special circumstances justifying the lack of use.
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