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ARTICLE · 20 JUNE 2025

Random Trademark Summary Cancellation Proceedings In Canada: What You Need To Know

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A trademark that is not used in Canada may be vulnerable to summary cancellation or expungement under the Canadian Trademarks Act any time three years after it has been registered.

CanadaIntellectual Property
James H. Buchan
James H. Buchan
Charlotte McDonald
Charlotte McDonald
Kristen Kilroy
Kristen Kilroy
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A trademark that is not used in Canada may be vulnerable to summary cancellation or expungement under the Canadian Trademarks Act any time three years after it has been registered.

Competitors seeking to clear blocking trademark registrations from the Canadian Trademarks Register have used the summary cancellation provisions for many years. However, as of January 2025, the Registrar of Trademarks is now initiating summary cancellation proceedings on its own on a randomized basis.

The following is intended to provide owners of Canadian trademark registrations some practical guidance to help respond if a notice of summary cancellation is received.

Canada's summary cancellation proceedings (Section 45 Notices for summary expungement)

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