Annual Report 2007-08

Strategic direction: Client services

• Patents
• Patent Appeal Board
• Trade-marks
• Trade-marks Opposition Board
• Copyrights
• Industrial designs
• Integrated circuit topographies
• Accessible, user-friendly products, services and processes
• Clear, consistent, accurate and comprehensive communications

Trade-marks Opposition Board

The Trade-marks Opposition Board (TMOB) considers applications filed by third parties to challenge the registration of a proposed trade-mark advertised in the Trade-marks Journal. Statements of opposition are filed against approximately 4 percent of advertised trade-mark applications. TMOB also deals with requests for the removal of a trade-mark from the trade-marks register, on the grounds that the mark is not used in Canada (section 45). TMOB conducts hearings, where necessary, and renders decisions on behalf of the Registrar of Trade-marks.

All final decisions of the Registrar of Trade-marks can be appealed to the Federal Court of Canada.

Highlights

In 2007–08, TMOB provided information online through the Canadian Trade-marks Database concerning the status of active trade-marks opposition and section 45 cases. TMOB also successfully recruited two new board members and two hearing officers.

Amendments to the Trade-marks Regulations came into force on October 1, 2007. In connection with the coming into force of these amendments, TMOB changed its practice, which had been in force since 1996. The most significant change concerned the granting of extensions of time at various steps in opposition proceedings. The new regulations were designed to give parties a more reasonable period of time in which to comply with the regulatory requirements in opposition proceedings, while the new TMOB practice would significantly reduce the amount of additional time granted to parties to comply with the regulatory requirements.

During the year, TMOB received 1387 statements of opposition and 569 section 45 requests.

Annual Report 2007-08
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