ARTICLE · 20 MARCH 2025

Are Your Trademarks At Risk?

Stein Monast

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As of January 2025, the Registrar of Trademarks will randomly select trademark registrations and issue notices under Section 45 of the Trademarks Act (hereinafter the "Act").

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Amélie Quoibion

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As of January 2025, the Registrar of Trademarks will randomly select trademark registrations and issue notices under Section 45 of the Trademarks Act (hereinafter the "Act"). requiring owners of registered trademarks for more than three years to submit evidence of use of their trademark in Canada or, if applicable, a justification for non-use based on special circumstances.

What does the Registrar of Trademarks have planned for 2025?

Section 45 of the Act provides a relatively quick way to clear the trademark register by removing trademarks that are no longer used in association with the goods and services listed in the registration (commonly referred to as "deadwood"). This procedure, which is summary in nature aims to establish a balance between the rights of trademark owners to continue enjoying their exclusive rights and the prohibition of monopolizing trademarks that are no longer in use.

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