As regular readers know, s. 45 of the Trade-marks Act provides a mechanism by which an interested party can seek to summarily expunge a registered trade-mark for three years of non-use. CIPO sought public input on a proposed changes to s. 45 practice earlier this year, and last week introduced its new practice notice, which is slated to come into effect on September 14, 2009.
Like the recent changes to Opposition proceedings, the changes to s. 45 practice appear aimed at streamlining the process. Most notably, the planned changes limit the extensions of time available for the submission of evidence. The current standard is an extension of three months with additional extensions available on consent or if exceptional circumstances are shown. The new standard provides for one extension of four months, and establishes that grants of additional extensions will be rare: neither the the consent of the parties to additional extensions, nor the parties’ engagement in settlement discussions will be seen by the Office as sufficient reason to provide additional time. Read more