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ARTICLE · 30 NOVEMBER 2023

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Effective Dec. 1, 2023: Reduced Extensions In Trademark Oppositions And Section 45 Proceedings

Gowling WLG
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Effective Dec. 1, 2023, extensions of time available in oppositions and section 45 non-use cancellation proceedings will be reduced by as much as 50 per cent.

CanadaIntellectual Property
Jennifer Morton
Jennifer Morton
Esther Kim
Esther Kim
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Effective Dec. 1, 2023, extensions of time available in oppositions and section 45 non-use cancellation proceedings will be reduced by as much as 50 per cent. To take advantage of the current longer extension periods, requests must be filed before Dec. 1.

While these changes mean that opposition and section 45 proceedings will move in a more timely and efficient manner, the changes also mean that parties will have much less time to prepare for each step.

Background and policy considerations for changes

The goal of Canada's Trademark Opposition Board is for Canada to become the preferred jurisdiction for disposition of trademark disputes. The Board is now well staffed with seasoned experts who are able to render high-quality decisions so their focus now is on efficient turnaround times. A recent customer satisfaction survey highlighted two main complaints:

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