Section 45 Proceedings
Requesting an extension of time
See Extensions of Time for Filing Evidence in Practice in Section 45 Proceedings.
Overall timeline for a section 45 proceeding
A section 45 proceeding before the Registrar can take as long as two to four years or even longer.
Appealing a s. 45 decision
An appeal from the final decision of the Registrar in a section 45 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 Section 45 files:
Information on Trade-marks Section 45 cases is accessible on the Canadian Trade-marks Database.