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ARTICLE · 22 MAY 2024

Frequently Asked Questions (FAQ) About Administrative Non-Use Trademark Cancellation Proceedings In Canada

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Frequently Asked Questions (FAQ) About Administrative Non-Use Trademark Cancellation Proceedings In Canada...

CanadaIntellectual Property
Amélie Béliveau
Amélie Béliveau
Denis Douville (Summer Student)
Denis Douville (Summer Student)
Paolina Tosheva
Paolina Tosheva
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Frequently Asked Questions (FAQ) About Administrative Non-Use Trademark Cancellation Proceedings in Canada

Q. Is it possible to cancel a trademark for non-use in Canada other than before a Court of law? If so, under which circumstances?

A. Yes, it is possible to cancel a trademark for non-use in Canada by way of an administrative process, often called a section 45 proceeding because it is taken pursuant to section 45 of our Trademarks Act. Such cancellation proceedings are initiated by sending a written request to the Registrar to forward a section 45 notice to the trademark owner. This option is available provided that the trademark in question has been registered for at least three years.

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