From: Canadian Intellectual Property Office
This information is to be considered solely as a guide and should not be quoted as or considered to be a legal authority. Users of this information must also consult the Trademarks Act, the Trademarks Regulations and in decisions of the courts interpreting them. In the event of any discrepancy between the legislation and the information contained herein, the legislation will apply.
An opposition is a proceeding before the Registrar of Trademarks (the Registrar) whereby somebody (the opponent) objects to the registration of a trademark in Canada.
A successful opposition prevents a trademark application from issuing to registration. It does not prevent an applicant from using its mark in Canada; only the courts can prohibit a party from using a mark. Read more.
Table of Contents
- Standing in an opposition proceeding
- Cost of an opposition proceeding
- Amending grounds of opposition
- Settling an opposition
- Alternative dispute resolution resources
- Defending an opposition and filing a counter statement
- Form of evidence to file
- Obtaining an extension of time
- Overall timeline for an opposition
- Appealing a TMOB decision
- Obtaining copies of TMOB decisions
- Status of active trademarks opposition files
- Practice in trademarks opposition proceedings
- FAQ on opposition proceedings – The applicant
- FAQ on opposition proceedings – The opponent
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