It’s been a busy year for CIPO, and the organization is yet again amending some of its practices. This time it has s. 45 in its sights. As regular readers know, s. 45 of the Trade-marks Act provides a mechanism…
Limited Evidence of Use on Section 45 Proceeding
Brouilette Kosie Prince v. Great Harvesting Franchising, Inc. involved two Appeals under section 56 of the Trade-marks Act from decisions of the Opposition Board. The Appellant had sought, unsuccessfully, to have the Registrar expunge two trademarks pursuant to section 45…
Section 45 Proceeding Practices to Change Again?
The Canadian Intellectual Property Office has announced that it will soon open a public consultation period relating to proposed changes to Section 45 proceedings. The Office advises its goal is to modernize and streamline the Registrar’s practice; what precisely this…
Trademark Use Not to Be Inferred: Section 45
In past blogs, we have discussed various Federal Court decisions made pursuant to section 45 of the Trade-marks Act, which is intended to be a summary and expeditious procedure for cleaning up the trade-mark register of trade-marks that have fallen…
POM-POM Survives Section 45 Scrutiny
We recently reported on a number of section 45 decisions, the purpose of which is to remove “deadwood” or outdated registered trademarks from the Register. In such proceedings, the burden of proof is on the registered owner of the trademark…
More On Section 45
Last week we reported on a decision of the Federal Court, Trial Division. The Federal Court of Appeal has also handed down a recent section 45 decision referring to the section as the “‘use it or lose it’ provision for…
Clear Evidence of Use Required: Section 45 Appeal Allowed
Section 45 of the Trade-marks Act allows the Registrar, at the written request of any person, to give notice to the registered owner of a trademark requiring the registered owner to furnish, within three months, an Affidavit or Statutory Declaration…