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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:
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:
Contact Us:
For further information, please call the Trade-marks Opposition Board directly at: (819) 997-7300 or call the Canadian Intellectual Property Office, Information Branch at 1-866-997-1936 and ask that your call be transferred to the Trade-marks Opposition Board.
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:
By mail:
Industry Canada/CIPO
Trade-marks Opposition Board
Place du Portage, Phase 1
50 Victoria Street
Gatineau QC K1A 0C9
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).
Status of Active Trade-marks Opposition and Section 45 files:
Information on Trade-marks Opposition and Section 45 cases is accessible on the Canadian Trade-marks Database.