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ARTICLE · 08 JANUARY 2025

CIPO Launches Pilot Project On Registrar-Initiated Non-Use Proceeding

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Starting January 2025, the Canadian Intellectual Property Office ("CIPO") launched a pilot project to proactively issue Section 45 Notices against randomly selected trademark registrations.

CanadaIntellectual Property
Jayde Wood
Jayde Wood
Jennifer Morton
Jennifer Morton
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Starting January 2025, the Canadian Intellectual Property Office ("CIPO") launched a pilot project to proactively issue Section 45 Notices against randomly selected trademark registrations.

Section 45 of the Trademarks Act provides a straightforward and efficient procedure for removing trademarks that have fallen into disuse.

Section 45 expungement / non-use proceedings are considered a tool for removing trademarks that are deemed "deadwood" from the Register.

The pilot aims to ensure the Register accurately reflects trademarks that are in use in association with the goods and services listed.

The process for response to a "Registrar-initiated" non-use cancellation will be streamlined, permitting a registrant to provide evidence of use during the relevant period in a more efficient manner with the potential to have the proceeding withdrawn or resolved quickly.

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