Section 45 Proceedings
Notice: This information is to be considered solely as a guide and should not be quoted as or considered to be a legal authority. It may become obsolete in whole or in part at any time without notice. Authority must be found in the Trade-marks Act, the Trade-marks Regulations, and in decisions of the courts interpreting them.
Section 45 of the Trade-marks Act provides a means whereby a registration for a trade-mark may be expunged. In particular, a registration may be expunged under s. 45 if the mark has not been in use in Canada during the past three years and there are no special circumstances justifying the lack of use. (Expungement of a registration based on other issues such as ownership, distinctiveness and abandonment of a registered trade-mark is not dealt with under s. 45.) Read more.
Table of Contents
- Standing in a Section 45 proceeding
- Cost of a Section 45 proceeding
- Responding to a Section 45 Notice
- Form of evidence to file
- Requesting an extension of time
- Overall timeline for a Section 45 proceeding
- Appealing a Section 45 decision
- Obtaining copies of TMOB decisions
- Practice Notice on Section 45 Proceedings