Trade-marks Opposition Board

Service interruption – March 26-27-28, 2010

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The Trade-marks Opposition Board (TMOB) acts on behalf of the Registrar with respect to two types of proceedings, opposition proceedings and section 45 proceedings.

The TMOB comprises a chairperson, members, hearing officers, a manager and clerks. The chair, members and hearing officers each has delegated authority from the Registrar to conduct hearings and render decisions pursuant to the Trade-marks Act and Trade-marks Regulations.

Information concerning procedure before the TMOB with respect to opposition proceedings is set out in the Practice Notice entitled Practice in Trade-mark Opposition Proceedings. The responsibilities of the TMOB with respect to opposition proceedings include:

• assessing the initial request to oppose;
• corresponding with both parties;
• ruling on various interlocutory matters;
• scheduling and conducting oral hearings; and
• rendering decisions.

Information concerning procedure before the TMOB with respect to section 45 proceedings is set out in the Practice Notice entitled Practice in Section 45 Proceedings. The responsibilities of the TMOB with respect to section 45 proceedings include:

• assessing the initial request for the issuance of a Section 45 Notice;
• corresponding with both parties;
• scheduling and conducting oral hearings; and
• rendering decisions.

Correspondence with the TMOB

The rules for corresponding with the Registrar are set out in Rules 3 to 7 of the Trade-marks Regulations, with more details being provided with respect to the TMOB in Rules 35 through 47. Useful information is set out in the Practice Notice entitled Updated Correspondence Procedures.

The TMOB's own procedure is further explained in the Practice Notice entitled Practice in Trade-mark Opposition Proceedings and Practice in Section 45 Proceedings.

All correspondence regarding oppositions must be clearly marked "Attention Opposition Board"; while all correspondence regarding section 45 proceedings must be clearly marked "Attention Section 45 Proceedings".

Contact information:

Members and staff of the TMOB are precluded from assisting either party regarding the substantive matters involved in opposition and section 45 proceedings. Advice regarding such matters should be sought from a registered trade-mark agent (see Trade-marks Agents List).