This January 2025 comes with news in the Canadian market. The Trademark Opposition Board of the Canadian Intellectual Property Office (CIPO) is launching a new pilot project. This initiative will mean that trademarks registered in the country that have been registered for more than three years can be subject to cancellation actions for non-use. This measure, implemented on a random basis, aims to ensure effective use of trademark rights and to clean up the registration of those trademarks that have fallen into disuse.
Through the Trademark Opposition Board, CIPO will require randomly selected registrants to provide evidence of use of their trademark in association with the designated products or services on a monthly basis. In case such use has not been made, they will be requested to submit justifications based on exceptional circumstances. Failure to comply with these requirements may result in partial or total cancellation of the affected registrations.
Going forward, it will be critical for businesses to pay attention to their trademark portfolios, and in particular to those trademarks that are registered in Canada, to safeguard their intellectual property and to ensure that all trademarks potentially vulnerable to cancellation for certain goods and/or services are being used.
If your trademark has been registered in Canada for more than three years, it is crucial to be prepared to respond to a possible notice from the CIPO.
At PONTI & PARTNERS, we offer you our expertise to gather and present the necessary evidence to ensure the protection of your trademark rights.
If you have any questions, please do not hesitate to contact us by e-mail at ponti@ponti.pro or by phone at 934 87 49 36.
With our help, you can ensure that your trademark maintains its strategic position in the Canadian market.
