Section 45 Proceedings

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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:

  1. 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
  2. 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.

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