Use it or lose it. That is one of the foundational principles of
trademark law. When the owner of a trademark registration ceases
using their registered mark for three years or more, it becomes
liable to cancellation proceedings under section 45 of the
Trademarks Act, R.S.C., 1985, c. T-13 (the Act).
Starting January 2025, the Trademarks Opposition Board (the
TMOB) will begin a pilot project under which the Registrar of
Trademarks will initiate cancellation proceedings on its own
initiative against randomly selected trademark registrations in an
effort to encourage fair competition and maintain the integrity of
Canada's trademark system.1
Historically, s. 45 proceedings have been initiated by
prospective registrants as a means to cancel a registration for a
trademark that they would like to use themselves or that an
examiner has cited as being an obstacle to their application for
registration. However, the Registrar has the right to commence
these proceedings on
