Use It Or Lose It: Summary Trademark Expungement In Canada

In Canada, simple and inexpensive trademark expungement proceedings are available to cancel trademarks that are not in use for more than three years. Any interested party who wants to expunge a trademark can do so by filing a section 45 request with the Registrar of Trademarks, once a trademark has been registered for three or more years. The owner then has to file evidence of trademark use in commerce for the prior three years to sustain its trademark.

A trademark can be saved if special circumstances are proven that excuse non-use, although those have to be exceptional – it will depend on the duration of non-use, whether the non-use was beyond the owner's control and if there is a serious intention to shortly resume use of the mark.