Post Registration

Post Registration

Registration of a trademark grants the trademark owner exclusive rights to use of that trademark across Canada in all jurisdictions, for the entire 10-year term of registration. CIPO may require proof of use.

CHALLENGE TO REGISTRATION FOR NON-USE

The most common challenge to a registration is through a Section 45 proceeding. Under Section 45 of the Trademarks Act, any party can request that the Registrar compel the trademark owner to prove that the mark has been in use on the goods/services in the registration within the past three years. The registrant can submit evidence, which is done by affidavit. If the Registrar is not satisfied, the registration will be expunged. A Section 45 request cannot be made until three years after the registration.