Important Changes Coming To Trademark Opposition And Expungement Proceedings

As of April 1, 2025, various amendments to the Trademarks Act and Trademarks Regulations will come into force.¹ The amendments largely aim to increase the efficiency of opposition and expungement proceedings at the Trademarks Opposition Board ("Board"). We discuss some of the changes below.

No more automatic right to file new evidence on appeal

A significant change is that parties will no longer have an automatic right to file new evidence on appeal of a Board decision to the Federal Court. Rather, leave from the Federal Court will now be required. This change will require that parties spend more time compiling their evidence at the Board level, and should reduce the number of second chances – or a de novo review – at the Federal Court level.