Once registered, a trademark can be removed from the Canadian trademark registry by cancellation proceedings (also known as expungement, section 45 or summary cancellation proceedings). Such proceedings are usually initiated for strategic reasons to remove a trademark registration that is being asserted in a dispute or blocking the registration of a later-filed application.
We have significant experience in acting for those initiating and defending against cancellation proceedings, allowing us to formulate a strategy that can help you achieve success. We also advise on what documentation your business should retain in the event it ever needs to prove that it has used its trademark, in order to defend against such proceedings.
Our trademark cancellation services include:
- Advising on the likelihood of success in trademark cancellation proceedings.
- Conducting all aspects of trademark cancellation proceedings, from initiating such proceedings before the Trademarks Opposition Board to preparing and filing evidence to defend against cancellation proceedings, preparing and filing written arguments and attending at oral hearings.
- Drafting and negotiating settlement agreements in respect of cancellation proceedings.
To become a Trademark Cancellation Litigation client, please contact: