Notice: This information is to be considered solely as a guide and should not be quoted as or considered to be a legal authority. Users of this information must also consult the Trade–marks Act, the Trade–marks Regulations and in decisions of the courts interpreting them. In the event of any discrepency between the legislation and the information contained herein, the legislation will apply.
An opposition is a proceeding before the Registrar of Trade–marks (the Registrar) whereby somebody (the opponent) objects to the registration of a trade–mark in Canada.
A successful opposition prevents a trade–mark application from issuing to registration. It does not prevent an applicant from using its mark in Canada; only the courts can prohibit a party from using a mark. Read more.
Table of Contents
- Standing in an opposition proceeding
- Cost of an opposition proceeding
- Amending grounds of opposition
- Settling an opposition
- Defending an opposition and filing a counter statement
- Form of evidence to file
- Obtaining an extension of time
- Overall timeline for an opposition proceeding
- Appealing a TMOB decision
- Obtaining copies of TMOB decisions