Practice Alert – Canada – Trademarks Opposition Rules Changing

Sep 25 2007

Effective October 1, 2007, trademarks opposition practice in Canada is changing in several respects, most of which relate to the length of time for taking particular steps in the proceedings. The “effective date” applies to the date when the application was advertised (or re-advertised) in the Trademarks Journal. For those advertised before October 1, 2007, many of the old Rules (but not all of them) will still apply. For any advertised on or after October 1, 2007, the new Rules will apply.

The overall time frame for filing a party’s evidence in chief will be reduced, with limited opportunity to extend the deadlines, even with consent or exceptional circumstances. Parties should begin the preparation of their evidence, therefore, at an early stage.

Though the old Rules ostensibly will apply to applications advertised before October 1, 2007, even in those cases the Trademarks Opposition Board will limit the extensions of time which may be obtained. The sufficiency of the reasons for the extension of time, or the exceptional circumstances, will be reviewed critically in all cases, even where the other party consents.

If you have any questions about the specific Rule changes in Canadian opposition proceedings or Canadian IP, contact one of our professionals.

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Tags: Trademarks, Trademarks Opposition Board