Understanding Trademark Cancellation Canada Search
In Canada, a trademark registration is vulnerable to cancellation if it is no longer in use. This is because the concept of trademark rights in Canada fundamentally depends on the owner's continued use of the mark. If a trademark is not used for three years or longer since its registration, anyone can request that the trademark be removed from the register.What is Trademark Cancellation Canada Search?
A trademark cancellation in Canada is a proceeding to remove a registered trademark from the Trademark Office records on grounds such as abandonment or confusion. The process involves filing a section 45 request with the Registrar of Trademarks, which is a more expedient but limited proceeding that is only applicable to situations where the registered owner is no longer using its mark.Grounds for Trademark Cancellation in Canada
The grounds for trademark cancellation in Canada include: * Non-use of the trademark in Canada for three years or longer since its registration * Abandonment of the trademark * Confusion among consumers due to the use of the trademark by a different owner * Any other circumstances that may render the trademark invalid or unregistrableThe Trademarks Act and Trademark Cancellation in Canada
The Trademarks Act provides two main avenues for trademarks to be expunged (i.e., removed) from the Register of Trademarks: summary cancellation (section 45) proceedings and expungement (section 57) proceedings. The former is more expedient but limited only to situations in which the registered owner is no longer using its mark; the latter allows marks to be expunged on a wider variety of grounds.Section 45 Non-Use Proceedings
Steps to File a Trademark Cancellation in Canada
If a trademark cancellation proceeding is initiated, the following steps typically occur: 1. Requesting a section 45 notice: This involves sending a written request to the Canadian Intellectual Property Office (CIPO) for a section 45 notice to be issued to the owner of the trademark. 2. Payment of fees: The requesting party must pay the necessary fees to initiate the proceeding. 3. Notice to the trademark owner: The trademark owner is notified of the section 45 proceeding and given a certain period to respond. 4. Response from the trademark owner: The trademark owner may respond to the proceeding by providing evidence of use of the trademark in Canada. 5. Hearing or order: The Trademarks Opposition Board (TMOB) reviews the evidence and issues a hearing or an order, which may result in the cancellation or maintenance of the trademark registration.Frequently Asked Questions (FAQ) About Administrative Non-Use Trademark Cancellation Proceedings in Canada
- Q: Is it possible to cancel a trademark for non-use in Canada other than before a Court of law? If so, under which circumstances?
- A: Yes, it is possible to cancel a trademark for non-use in Canada by way of an administrative process, often called a section 45 proceeding because it is based on Section 45 of the Trademarks Act.
- Q: What are the grounds for non-use in Canada under section 45?
- A: The grounds for non-use in Canada under section 45 are:
- The trademark owner has not used the trademark for three years or longer since its registration.
- The trademark owner has abandoned the trademark.
- The trademark owner has removed the trademark from Canada or has assigned its rights to a person who has not used the trademark.
