The Canadian Intellectual Property Office (CIPO) has launched an exciting pilot project through the Trademark Opposition Board (TMOB): the Registrar-Initiated Section 45 Expungement Proceeding. This initiative is a game-changer for trademark holders and applicants, aimed at enhancing the integrity and functionality of the Canadian trademark register.
What Is a Section 45 Expungement Proceeding?
Section 45 of the Trademarks Act empowers the Registrar to request proof of use of a registered trademark in Canada. If the trademark owner cannot provide sufficient evidence of use within the specified time frame, the mark may be expunged. This ensures that the register remains current and accurately reflects active, enforceable trademarks.
The new pilot project focuses on Registrar-initiated proceedings, where the Registrar proactively identifies potentially unused marks for review. This is a departure from the traditional process, where Section 45 proceedings are typically initiated by third parties.
Why This Matters to You, as a Registered Owner Or Would-be Applicant
This initiative is designed to:
Maintain Register Integrity: Clearing out trademarks that are no longer in use ensures that the register reflects marks actively in commerce.
Open Up Opportunities: Businesses seeking trademark registration can potentially overcome barriers caused by unused marks.
Encourage Compliance: Trademark owners are reminded to actively use their trademarks and maintain proper records to retain their rights.
What You Should Know as a Trademark Owner?
If you currently own registered trademarks in Canada, this pilot project underscores the importance of:
Using Your Trademark: Ensure that your trademarks are actively in use for the goods and services for which they are registered.
Keeping Records: Maintain clear documentation of your trademark use, including invoices, advertisements, and product packaging.
Staying Proactive: Monitor your trademarks and address any challenges or inquiries promptly to protect your rights.
What Does This Mean for Applicants?
For those navigating the trademark application process, this pilot project could open doors. Marks that previously blocked your application may now be subject to review, potentially clearing the path for your registration.
Need Help Navigating This Change?
Whether you’re a trademark owner wondering how to safeguard your rights or an applicant hoping this project will help you secure your brand’s place on the register, I’m here to help.
This evolving landscape highlights the importance of having a strong trademark strategy. Let’s work together to ensure your intellectual property is protected and poised for success.
Stay tuned to youbettertrademarkthat.ca for more updates on Canadian trademark law and tips to protect your brand. Have questions? Reach out today—let’s tackle your trademark challenges head-on!
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