Opposition Proceeding (Page 4 of 4)
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.
Form of evidence to file
The opponent needs to file evidence that supports the allegations raised in its statement of opposition.
The applicant needs to file evidence that rebuts the opponent's allegations and evidence.
Both the opponent and the applicant should note the following:
- In general, evidence must be filed in the form of affidavits or statutory declarations, but see Evidence in Practice in Trademark Opposition Proceedings;
- Evidence cannot be filed by fax;
- The other side may obtain an order to cross–examine your affiant or declarant (see Cross–examination in Practice in Trade–mark Opposition Proceedings).
The exact nature of the evidence to be filed depends on the individual case. A registered trade–mark agent can assist you in determining what evidence is needed in order to put your best case forward.
The evidence must be filed with the TMOB and served on the other side within the set deadline.
Serving the other party
See Service on the other Party to the Opposition in Practice in Trade–mark Opposition Proceedings.
Obtaining an extension of time
See Extensions of Time in Practice in Trade–mark Opposition Proceedings.
Overall timeline for an opposition proceeding
An opposition proceeding before the Registrar can take as long as two to four years or even longer.
Appealing a TMOB decision
An appeal from the final decision of the Registrar in an opposition proceeding may be made to the Federal Court (see s. 56 of the Trade–marks Act).
Obtaining copies of TMOB decisions
To order a copy of any decision of the TMOB:
- Go to Trade–mark Document Order Form (you will need to provide the application number of the file as the document number, select <correspondence> as the document type and indicate in the <Additional Comments> box that you only want the final decision of the TMOB) or
- Call 1–866–997–1936 and ask for Data and Document Dissemination (in order to obtain a specific decision, you will need to provide the corresponding application number).
Status of Active Trade–marks Opposition files:
Information on Trade–marks Opposition cases is accessible on the Canadian Trade–marks Database.