Clearing Out The "Deadwood": CIPO's Pilot Project Puts Section 45 On The Fast Track

The Canadian Trademarks Opposition Board announced the Pilot Project in December 2024. Beginning January 2025, the Canadian Intellectual Property Office ("CIPO") will send notices to registered trademark owners asking them to prove that their trademarks are actively in "use" in Canada. If the registered trademark owner is not able to provide proper evidence, the trademark registration may be cancelled.

Background

Unlike other countries, Canada does not require trademark owners to provide evidence of use of their trademarks prior to a mark being registered or to file any evidence during the lifespan of the registration that the trademark owner continues to use the registered mark.