What Is A Section 45 Notice? Protecting Your Trademark From Expungement

Pursuant to section 45 of the Trademarks Act, any person, including the Registrar of Trademarks, has the authority to issue a section 45 Notice against any Trademark that has been registered for more than three years. Earlier this month, the Registrar initiated a pilot project whereby the Registrar will issue section 45 Notices at random in order to declutter and clear 'deadwood' from the Trademark Register.

What is a section 45 Notice? A section 45 Notice requires the registered owner of a Trademark to provide evidence of Use, as defined within section 4 of the Trademarks Act, via affidavit or statutory declaration, proving Use of the trademark within the preceding three year period. An affidavit or statutory declaration is a written declaration or statement of facts that is affirmed by oath in the presence of a commissioner or a notary public. The registered owner has three months from the date of the section 45 Notice to file its evidence with the Registrar. If