Canada Changes Practices Regarding Non-Use Of Trademarks

The Trade-marks Opposition Board (the Board) has revised its practices regarding summary proceedings for non-use of trademarks, commonly referred to as "section 45 proceedings." These proceedings are intended to act as an "expedient statutory mechanism to clear the Register of trade-marks not in use."¹ Section 45 of the Trade-marks Act permits third parties to request that the Registrar institute proceedings to confirm that the owner used the trademark within the three years preceding the date of the request.² The owner of the registered mark has three months from the date of receipt of notice from the Registrar to submit evidence of use, which can be done in the form of an affidavit or a declaration. Failure to provide this notice will result in the mark being expunged.