Trademark Oppositions, Section 45 Proceedings, & Litigation

When trademark rights are challenged, or when a conflicting mark stands in the way, the right procedure and the right evidence make the difference. We act on both sides of Trademarks Opposition Board proceedings and in the Federal Court, building each case on careful analysis of the evidence and the law.

What we handle:

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• Oppositions before the Trademarks Opposition Board, for opponents and applicants

• Section 45 non-use proceedings, for requesting parties and registered owners

• Appeals of TMOB decisions to the Federal Court

• Trademark infringement, passing off, and depreciation of goodwill actions

• Invalidation of registrations, including on the ground of bad faith

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Selected Decisions

Our work includes reported decisions before the Trademarks Opposition Board and the Federal Court. See Selected Decisions here.

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Frequently asked questions​

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How long does an opposition take?
Oppositions often take a year or more, depending on the evidence filed, extensions, and whether a hearing is requested. Many settle along the way.

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Does the requesting party in a section 45 proceeding need a reason?
No. Any person can request a section 45 notice once the registration is three years old, without showing an interest in the mark.

What if the trademark wasn't used during the relevant period in section 45 proceedings?
The registration may still be maintained if the owner shows special circumstances excusing the non-use. The Board applies this strictly, so the explanation and supporting evidence need careful preparation.

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For advice or instructions on a Canadian opposition, section 45 proceeding, or dispute, please get in touch.

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