Following on our previous post, the Trademarks Opposition Board (TMOB) published a practice notice on 20 January 2025 regarding its Registrar-initiated expungement proceeding pilot project.
To review, under this pilot project, the Registrar of Trademarks will proactively send notices under Section 45 of the Trademarks Act to initiate summary expungement proceedings against randomly selected trademark registrations. The owners of such trademark registrations will be required to submit evidence of use of the trademark in Canada in the three-year period immediately preceding the date of the notice, or demonstrate special circumstances excusing non-use.
The stated goals of the project are to promote efficient use of resources (by removing so-called "deadwood" from the Register of Trademarks), promote fair competition (by assisting businesses trying to create new brands by clearing trademarks that are registered but not in use), and maintain the integrity of the trademark system (by maintaining the accuracy of the Register of Trademarks).
The practice notice includes information on the selection of the registrations, the procedure for discontinuance of proceedings, and the procedure that will be followed through to decision. The practice notice also discusses topics including correspondence, evidence, written representations, extensions of time, decisions, and appeals.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
