Online Help — Trademarks Opposition e-Services

General Trademarks Opposition topics

Online Help — Trademarks Opposition e-Services - General

Overview

The topics in this online help menu follow the flow of the screens as you use them to input your data for Trademarks Opposition e-Services. There are 5 major sections to the help files. They are:

The help has been done this way to help you find your topics quicker.

To find a help topic for a particular screen look for the help section for the type of transaction you wish to do. You may then look for the screen you are on and locate the name of the screen in the help file menu. For example if you want help with adding a requesting party for a section 45 proceeding, you would look under the topic Section 45 proceedings – Requesting party and look for the topic Requesting party screen – add or edit.

If you are new to the opposition process you can read more about it at Practice in Trademark Opposition Proceedings. The site contains information that provides guidance on the CIPO practice and interpretation of relevant legislation. It also contains links to other related websites that may be of help to you.

If you are an Individual or Organization completing these screens and you do not have an agent, you may bypass the Agent topics in located this help file. These topics are only for Agents and contain information about screens that can only be viewed by Agents filing on behalf of their clients.

Other topics that may also be of interest to you are located in the General Help section of the help file. They include Sign in, Problem Report, Sign out, Tips, Icon Legends, Glossary and Contact Us.

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Sign in screen

Use this screen to sign into the Trademarks Opposition E-Services web application. Your account credentials (Username and Password) allow you to securely access all Innovation, Science and Economic Development Canada online services.

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Sign in

Follow the steps below to sign into the application.

  1. Enter your credentials into the Username and Password fields.
    Note: Login credentials are required and they are case sensitive.
  2. Select or deselect the Keep me signed in box.
    Note:
    If the box is selected, you remain signed in even if you accidently close your browser without clicking the Sign out button.
    If the Keep me signed in box is not selected, you are signed out if you accidently or purposely, close your browser, without using the Sign out button.
  3. Click the Sign in button to continue to the next screen.

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Forgot username or password

  1. Click on the Forgot your username or password? link to continue to the Access Your Account web page.
  2. Follow the screen prompts to manage your Sign in credentials.

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Sign up

New Users need to create a login Username and Password. You will use this information to securely access all Innovation, Science and Economic Development Canada online services.

New Users can use the Create an account link which is located under the Sign up label. Clicking this link takes you to the Access Your Account web page where you can create your Sign in credentials.

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Left and right menus for Trademarks Opposition e-Services screen

When you sign into the Trademarks opposition e-Services application, the first screen you see is a menu screen.

There is a left menu bar containing the following links:

There is also a right hand menu which has many of the same links:

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General correspondence

General correspondence is an action used by both the section 45 and Opposition proceedings.

It is shown on both the left and right hand menus of the screen.

There are 4 main steps to submitting a General correspondence:

  1. Search for the Trademark for which you want to submit a General correspondence.
  2. Produce the General correspondence.
  3. Confirm and add to cart.
  4. Make payment and get receipts.

These steps are described in more detail in the following help sections.

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Search for general correspondence

Use the following criteria to find the trademark you are searching for:

Enter your criteria in the Search term field and click the Search button.

If you are unsuccessful in your search, the system returns a message that no information was found for your search criteria.

If you are successful in your search, a Search results table displays. It lists information about the Trademark.

Click the Select radio button for the trademark for which you wish to submit general correspondence.

Click the Continue button to move to the next screen.

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Opposition/Section45 case results screen

When the Opposition/Section45 case results screen displays, select the radio button for your case from the Selelct a case table and click the Select button. Click the Cancel button if you want to return to the previous screen.

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General correspondence request screen – Opposition case

When the screen displays review the following sections of the screen:

Then complete the following fields:

Note: Read the screen messages for acceptable file types and sizes.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the General correspondence request screen), click the Edit button to the right of the section name shown on the screen. You are returned to the screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the Cart section for further information about making payment for a transaction.

Note: Transactions are processed through the cart even if they do not require a payment of a fee. Whether or not a fee is required, a receipt is issued to show the transaction was processed.

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Print the review

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen. You are given a choice between a PDF version and an HTML version of the General correspondence request screen. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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Opposition / Section 45 case results

When the section 45 case results screen displays, select the radio button for your case and click the Next button.

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General correspondence request screen - section 45 case

When the screen displays review the following sections of the screen:

Then complete the following fields:

Note: Read the screen for acceptable file types and sizes.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the General correspondence request screen), click the Edit button to the right of the section name shown on the screen. You are returned to the screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the Cart section for further information about making payment for a transaction.

Note: Transactions are processed through the cart even if they do not require a payment of a fee. Whether or not a fee is required, a receipt is issued to show the transaction was processed.

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Amend a previously filed application

If your Opposition proceedings solution involves amending your application, click this link to go to the Trademark E-Filing application. You can then sign into the application and select the Amend a previously filed application function on the menu.

Further help about amending a previously filed application is available in the Trademark E-Filing application.

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Work in progress

Click on the Work in progress selection on the left or right menu to locate transactions that are in progress and have not yet been submitted. Note: From the left hand screen menu selection, you can see how many transactions are in the Work in progress feature.

When the Work in progress screen displays, use the Show _ entries feature to view the screen entries. The default view is 10 entries but you can choose to show 25, 50, 100, or all entries.

Use the Next button to page through the entries if there is more than one page.

Use the up and down arrows to sort the items in your Work in progress. You may sort by the column headings:

Locate the transaction you want to work on and click one of the Actions column icons. To view a description of each action icon, hold your mouse over the icon and the system displays a brief text description. For example, the X icon text description is Remove item from list.

Note: View more icons and their descriptions in the Icon legends topic.

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Cart

Use this screen to do one of the following:

Click the HTML or PDF button to view your application in a new window. You can then save the file to your local file system by selecting the File and Save as feature.

Click the X button to move a selected application back to the WIP section. You may then make changes to the application and go back to the cart.

Click the Empty cart button to empty your cart. Emptying your cart will move all the items in your cart back to Work in Progress.

Click the Proceed to Payment button to move to the next screen in the process.

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Payment method

Use this screen to make your payment.

Choose your payment method. These methods are Credit card and CIPO deposit account.

Note: You will only see CIPO deposit account if you have already set up an account.

Credit card

If you select the Pay with a credit card button, you are taken to a screen where you can enter your credit card details. Click the Process transaction button to complete your credit card payment. Click the Cancel transaction button if you wish to return to the Payment method screen without paying.

CIPO deposit account

If you select the Pay with my CIPO deposit account button you are taken to a screen where you can select your account number and click the Pay now button to complete your payment.

If you do not wish to pay, you may click the Return to previous page link to return to the Payment method screen.

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Payment details

Use this screen to view and print your Transaction record.

Click the Continue button to proceed to the next screen.

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Electronic payment confirmation

The Electronic payment confirmation screen contains your confirmation number and allows you to take the following actions on your transaction.

You can View/Print your Global receipt in HTML or PDF by clicking on the links in the Receipt column of the screen.

You may click a selection shown in the Documents column to:

Note: For the words Global receipt (PDF) – Clicking on the word Global receipt will take you to the HTML copy of the receipt. Clicking on the word PDF will take you to the PDF copy of the receipt.

You may also click the Sign out button if you are done or you may click one of the selections on the left hand menu to continue with other transactions.

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Transaction history

Use this screen to search the history of payments you have made.

Complete one or more of the fields with criteria. Note: The search is limited to a maximum of 1000 results. Complete as many fields as you can to narrow your search.

The end date is limited to today's date, that is, the dates after today's date are greyed out on the calendar and you cannot select them.

After you enter your search criteria click the Search button to move to the next screen in the process.

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Search results

Use this screen to review the transaction(s) found based on the criteria you entered on the Transaction history search screen.

Once you locate your transaction you can view the following items if they are displayed inside the Documents column for your transaction:

Note: For the words, for example, Group receipt (PDF) – Clicking on the word Group receipt will take you to the HTML copy of the receipt. Clicking on the word PDF will take you to the PDF copy of the receipt. The same logic applies to the other items.

You can also view the following items if they are displayed inside the Application Previews column for your transaction:

There is also a Submitted documents link. Clicking this link takes you to the Documents submitted to CIPO screen that contains all documents that were submitted. From this screen you can do one of two things:

  1. View a file. When you click to view you are taken to a new window where you can view your document.
  2. Download (a file). When you click to download you will receive a message at the bottom of your screen asking if you want to Open the file, Save the file or Cancel the download. Follow the screen prompts for your choice.

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Proceedings case history

You can access case history by clicking on the Proceedings case history option on the left or right menu.

The Proceedings case history screen displays.

Select your search criteria from the drop down menu. You have two choices:

Enter the number you wish to search for and click the Search button.

If your search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may enter search criteria information again.

If your search is successful, the Search results screen displays. It shows applications from which you can choose to view your history of actions.

  1. Click the radio select button beside the application number for which you are searching.
  2. Click the Next button.

You resultant screen depends on whether you search for Opposition actions history or Section 45 actions history.

Opposition cases - the Proceedings case history screen displays. It contains the List of opposition cases table.

Section 45 cases - the Section 45 actions history screen displays. It contains the List of section 45 cases table.

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Proceedings case history screen

On this screen you can view general information about the trademark. There is also a table which displays the List of opposition cases.

Click the View history icon in the table's View history column for the case for which you want to view the history details.

The Opposition case history table displays. It tells you what action was taken, the date of the action, the response date and any comments that were added.

Click the Close button to close the screen.

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Section 45 actions history screen

On this screen you can view general information about the trademark. There is also a List of section 45 cases table which displays the list of cases for the Trademark.

Click the View history icon in the table's View history column for the case for which you want to view the history details.

The Section 45 case history table displays. It tells you what action was taken, the date of the action, the response date and any comments that were added.

Click the Close button to close the screen.

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Sign out

The Sign out button is located in the top right hand side of your screen. Click the button to sign out of the application.

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Problem report

If you are experiencing technical problems, you can click Problem report from the left menu. This will forward you to a Technical problem report web page. The Technical problem report web page allows you to enter information pertaining to your technical problem. When you have completed entering all of the problem information, click the Submit button.

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Tips

Each tip is listed below in bolded lettering followed by its description beneath.

How to view help

It is recommended that you open the help file in a new window. You can then resize your application screen and your help screen available while you complete the fields on the screen. If this is not possible then you can open the help file in a new tab and click between your application screen and the help file screen to get the needed information about completing the field(s) of the screen.

Required fields

The screen itself tells you whether or not you need to enter data into a field.

When a field requires input you will see a red asterisk (*) and the word (required) in red and in brackets.

Switching languages

The application is fully bilingual. You can switch the application languages by click the Language hyperlink Français or English at the top right corner of each page.

Note: Once you enter the Application steps you cannot switch the language without exiting the steps. Once you exit the steps you can use the Language hyperlink to switch languages.

Session timeout

When you sign into the application, the system creates a session.

When no activity is performed for a period of time, a warning prompt displays to inform you that the session is about to expire. You may press the Continue session button to continue the session or you may press the End session now button to end the session.

If the session expires, you are signed out of the application and the message screen informs you that the session has expired. You may click the Sign in button to sign back into the Trademark E-filing application.

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Icon legends

Throughout the application you may see icons that perform actions. Move your mouse over the icon to view the action that the icon performs. The name of the icon appears on the screen.

Below is a list of the icons and what they mean. The icon is shown below followed by its meaning.

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Glossary

The Canadian Intellectual Property Office (CIPO) provides a Glossary of intellectual property terms that may help you as you work through the screens.

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Contact us

Use the Contact us link found on the bottom left hand side of your application screen to find the CIPO contact information.

You can use this feature to:

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Opposition proceedings – Opponent

Online Help — Trademarks opposition e-Services - Opposition proceedings - Opponents

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Overview

The topics in this branch of the online help menu follow the flow of the screens as you use them to input your data for Trademarks opposition board - Opposition proceedings - Opponent.

To find a help topic for a particular screen look for the help section for the type of transaction you wish to do. You may then look for the screen you are on and locate the name of the screen in the help file menu. For example if you want help with adding a new opponent for an Opposition proceedings, you would look under the Opponent section of the help file and look for the topic – Opponent - Add new screen.

If you are an Individual or Organization completing these screens and you do not have an agent, you may bypass the Agent topics in located this help file. These topics are only for Agents and contain information about screens that can only be viewed by Agents filing on behalf of their clients.

Other topics that may also be of interest to you are located in the General help section of the help file. They include Sign in, Problem Report, Sign out, Tips, Icon Legends, Glossary and Contact Us.

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Opposition proceedings – Trademarks Opposition E-Services page

The following menu items pertaining to the Opposition proceedings are available on the left and right menus are:

The left hand menu also contains the topics:

The other services pertain to section 45 proceedings or amending a previously filed application. These topics are dealt with in separate areas of the help file.

Review the options displayed on the screen and click an option to proceed to the screen you wish to complete. For example, click Opposition proceedings to locate the trademark application you wish to oppose.

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Opposition proceedings – File a new statement of opposition

To begin filing a statement of opposition, click on the Opposition proceedings selection on the Trademarks Opposition E-Services menu to call up the Opposition proceedings Search screen.

The search screen contains information about the Privacy notice. You may select the Privacy Act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about creating an application.

To return to the previous screen, click the Trademarks Opposition E-Services link located at the top of the left screen menu.

To continue filing a statement of opposition, use the dropdown menu to select your search criteria. This is a required field. The criteria are:

Click the Search button.

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Search results details screen

If your Opposition proceedings search is unsuccessful, a message will appear at the top of the screen listing details about the error. You may click the Previous button and enter the search criteria again.

If your Opposition proceedings search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

Select a service from the Services that can be requested drop down menu. There are two choices:

When you have made your selection, click the Confirm and proceed button to proceed to the next screen.

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Opponent screen

Use this screen to add a new opponent. Click the Add a new opponent button.

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Opponent – Add new opponent screen

This screen displays when you click the Add a new opponent button.

There are four parts to the screen:

  1. Opponent information
  2. Language of correspondence
  3. Correspondence Address
  4. Address for Service in Canada

Part 1

Opponent information contains both required fields that must be completed and several optional fields.

You may select drop down items for fields that allow selections.

Enter details in the fields that require entry.

The address fields use Canada Post's Address complete functionality.

Hint: Choose the Country field first. Then once you begin to enter data into the Address field, Canada Post will suggest addresses from which you can choose if available.

Telephone number, Email address and Opponent's reference number are optional fields.

Part 2

The Language of correspondence field is required. Click the radio button of the preferred language.

Part 3

Correspondence address fields are required unless you choose to select the box entitled Use opponent address as correspondence address.

Part 4

You must complete Address for Services in Canada if the Opponent's address in Part 1 is not a Canadian address.

Screen Action buttons

If you wish to cancel and return to the previous screen, click the Cancel button.

When you have completed the fields, click the Save button.

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Opponent Information screen

Use this screen to view the opponent information. You may perform two actions on this screen.

You may click the Remove opponent button to remove the opponent from this screen. If you do you are returned to the previous screen.

You may click the Edit opponent button to edit the details of the opponent information screen. If you do you are taken to the Opponent – Edit screen. Refer to the topic Opponent – Edit screen for more details.

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Opponent – Edit screen

Use this screen to edit the opponent information, the Correspondence address and if required the Address for Service in Canada.

Ensure that all required fields are completed. You may also add non-required data (for example: telephone number or email address).

If you wish to leave the screen without saving your changes, click the Cancel button.

When you are done click the Save button.

You are returned to the Opponent screen. To move to the next screen in the process click the Next button.

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Agent screen overview (Agents only)

This screen is for agents only where an agent may already exist or is to be appointed to the opposition case. If you are an individual or an organization and you are not using an agent, you may skip this section of the help and go to the Grounds of opposition step. However, if you would like to consider using an agent to complete the Opposition, a list of trademark agents is available online or by contacting the Client Service Centre.

View the steps if you are an agent of a firm with many agents.

View the steps if you are a sole agent.

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Agent screen (Firm with more than one trademark agent)

This Agent screen is used by agents to assign a trademark agent or firm (with several TM agents) that has been authorized to act on behalf of the opponent in the Opposition proceedings.

Note: The agent / firm must be registered with the Trademarks Office.

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Agent search results for Firm (Firm with more than one TM agent)

When the agent for an opponent is part of a firm, the screen displays the agents of the firm who can be assigned to act on behalf of the opponent.

  1. Review the list of agents that displays. If more than one page of results is available, you may click on the Next button to review more pages.
  2. When you locate the agent who will be acting on behalf of the opponent, select the radio button for that agent.
  3. You may select another agent by clicking the radio button to the left of your new choice. When you have made your choice, click the Appoint button to appoint the agent.
  4. When you have selected the agent, click the Next button to go to the Agent screen.

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Back to Agent screen overview

Agent screen (Firm with more than one TM agent)

Use this screen to review the details of the agent assigned to act on behalf of the opponent.

You may add the following additional information to this screen:

If an agent has already been appointed, you can use this screen to remove the agent by clicking on the Remove agent button.

When you click the Remove agent button, you are then redirected to the Search results screen where you can select another agent from the firm to act for the opponent.

You can select an agent by clicking on the radio button beside the displayed agent's names and then clicking on the Appoint button. If you click on the wrong radio button just click the radio button for correct choice.

When you are done you may click the Next button to move to the next screen in the process.

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Back to Agent screen overview

Agent screen (Sole TM agent or Firm with sole TM agent)

The Appointment of trademark agent screen is used by agents to assign a trade-mark agent or firm (with only one TM agent) that has been authorized to act on behalf of the opponent in the opposition proceedings.

Note: The agent / firm must be registered with the Trademarks Office.

The agent is automatically appointed to the opposition. There is no need to select an agent.

You may add the following additional information to this screen:

When you click the Remove agent button and confirm your choice, you are then redirected to the Search results screen. Since there is only one agent, you may reselect that agent.

When you are done you may click the Next button to move to the next screen in the process.

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Back to Agent screen overview

Grounds of opposition

This screen allows you to select your grounds of opposition. You may complete the screen for each ground you wish to use for your opposition.

There are two fields to be completed to begin:

Note1: When you select your section you may obtain the Section details portion of the screen. If you do this Section details will provide more details.

Note2: When you select your grounds and section, other fields may display on the screen. Their titles depend on the ground and section you selected. Some of these new fields are required and some are optional. Read and complete these other fields on the screen.

As you complete the fields of the Grounds of opposition screen, the Grounds Added table displays. This table has three columns – Ground, Section and Actions. You may use the icons in the Actions column to Edit or Remove the grounds you have selected.

When you have completed all input to this screen, click the Review and confirm button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Grounds of opposition screen), click the Edit icon to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen.. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Statement of opposition. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General help section for information about the Cart and making payments or submitting zero dollar transactions.

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Opposition proceedings – File opponent's evidence

Important note: Filing evidence is time sensitive.

You have four months from the service of the counter statement to file and serve your evidence by way of affidavit or statutory declaration. Alternatively, if you choose not to file evidence or if you do not file within the prescribed timeline, the opposition is deemed to have been withdrawn.

Filling evidence is also conditional on the opposition being allowed.

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Opposition proceedings search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your opponent evidence.

To return to the previous screen, click the Trademarks Opposition E-Services link located at the top of the left screen menu.

To continue filing opponent evidence, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Opposition proceedings search results screen

If your Opposition proceedings search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may re-enter your search criteria and click the Search button again.

If your Opposition proceedings search is successful, the List of Opposition cases table displays.

The table contains a number of columns. If there is more than one case displayed in the table, locate your case.

You may click the History icon located in the View history column if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. Currently you may select from two choices:

The steps continue when you click on the File opponent's evidence link.

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Opponent's evidence screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing opponent evidence.

To return to the previous screen, click the Previous button.

To continue filing evidence, click on the radio button for one of the following options:

  1. The opponent does not wish to submit evidence
  2. The opponent wishes to submit evidence

If you click the radio button for option 1, you can complete the Service of Evidence fields and then click the Next button to procced to the next screen in the process.

If you click the radio button for option 2, the Attach supporting documentation dialog box displays. Note: All fields are required.

You may use the fields in this box to:

For both options you must complete the Service of evidence fields. The fields are required.

You must:

Note: The Other service method must be agreed to by both parties.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review and confirm your input.

If you wish to edit any information (for example: the File opponent's evidence screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Opponent's evidence. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General help section for information about the Cart and making payments or submitting zero dollar transactions.

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Opposition proceedings – File opponent's reply evidence

Important note: Filing reply evidence is time sensitive.

You have one month from the service of the applicant's evidence to file and serve the opponent's evidence reply by way of affidavit or statutory declaration. You may also choose to inform TMOB that you do not wish to submit reply evidence. However, the reply evidence or the statement to TMOB must be filed within the prescribed timeline; otherwise, the opposition proceeds to the next stage.

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Opposition proceedings search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your opponent evidence.

To return to the previous screen, click the Trademarks Opposition E-Services link located at the top of the left screen menu.

To continue filing opponent evidence, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your Opposition proceedings search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may re-enter your search criteria and click the Search button again.

If your Opposition proceedings search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

Select a service listed in the Transaction/Action available column. Currently you may select from two choices:

Clicking the link moves you to the next screen.

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Opponent's reply evidence screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing opponent reply evidence.

To return to the previous screen, click the Previous button.

To continue filing reply evidence, click on the radio button for one of the following options:

  1. The opponent does not wish to submit reply evidence
  2. The opponent wishes to submit reply evidence

If you click the radio button for option 1, you can complete the Service of Evidence fields and then click the Next button to procced to the next screen in the process.

If you click the radio button for option 2, the Attach supporting documentation dialog box displays. Note: All fields are required.

You may use the fields in this box to:

For both options you must complete the Service of evidence fields. The fields are required.

You must:

Note: The Other service method must be agreed to by both parties.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Opponent's reply evidence screen), click the Edit button to the right of the screen name. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Opponent's reply evidence. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General help section for information about the Cart and making payments or submitting zero dollar transactions.

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Opposition proceedings – File opponent written representation

Important note: Filing a written representation is time sensitive.

You have two months from the Request Written Representation notice issued by the Registrar to file and serve the opponent written representation. You may also choose to inform TMOB that you do not wish to submit a Written representation. However, the written representation or the statement to TMOB must be filed within the prescribed timeline; otherwise, the opposition proceeds to the next stage.

Written representations are actions that both the opponent and applicant may choose to file. You may file a written representation once and you may only file if the stage of the opposition action progresses past the evidence filing.

There are three steps in the process of filing a written representation.

  1. Search for the opposed Trademark on which to apply written representation
  2. Decide whether or not to file a Written representation.
  3. Review and add to cart.

Note: There is no payment for this stage (unless it is an extension of time) but receipts are generated.

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Opposition proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your opponent evidence.

To return to the previous screen, click the Trademarks Opposition E-Services link located at the top of the left screen menu.

To continue filing opponent written representation, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your Opposition proceedings search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may re-enter your search criteria and click the Search button again.

If your Opposition proceedings search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

Select a service listed in the Transaction/Action available column. You may select:

When you click on your selection, you move to the next screen.

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Filing written representations screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing opponent written representations.

There are also three sections of the screen where you can read about the Trademark details, the Applicant information, and the Opponent information.

To return to the previous screen, click the Previous button.

To continue filing opponent written representations, click on the radio button for one of the following options:

  1. The opponent does not wish to file written representations
  2. The opponent wishes to file written representations

If you click the radio button for option 1, complete the Service of filing written representation fields and then click the Next button to procced to the next screen in the process.

If you click the radio button for option 2, the Attach supporting documentation dialog box displays on the screen.

You may use this box to attach supporting documentation for your evidence. You can browse for a file, and click the Upload file button to attach it.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

For both options you must complete the Service of filing written representation fields. The fields are required.

You must:

Note: The Other service method must be agreed to by both parties.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Filing written representations screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Written representations. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may also click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General help section for information about the Cart and making payments or submitting zero dollar transactions.

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Opposition proceedings – File hearing request as opponent

Important note: Filing a hearing request is time sensitive.

You have one month from the service of Written representations to file a request for a hearing. You may also choose to inform TMOB that you do not wish to submit a Written representation. However, the written representation or the statement to TMOB must be filed within the prescribed timeline; otherwise, or if neither part requests a hearing then the office will move to the decision stage.

File a hearing request is an action that both the opponent and applicant may choose to file once (and if) the stage of the opposition action progresses past the evidence filing.

There are four steps in the process to file a hearing request.

  1. Search for the Trademark on which you wish to file a hearing request
  2. File a hearing request
  3. Review and add to cart
  4. Proceed to payment

Note: There is no payment for this stage but receipts are generated.

Opposition proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your opponent evidence.

To return to the previous screen, click the Trademarks Opposition E-Services link located at the top of the left screen menu.

To continue filing your Hearing request, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your Opposition proceedings search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may re-enter your search criteria and click the Search button again.

If your Opposition proceedings search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark you wish to proceed with.

Select your opponent service listed in the Transaction/Action available column. For this part of the proceeding you may select:

When you click on your selection, you move on to the next screen.

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File a hearing request screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your Hearing request.

This screen also displays the following information which you can review prior to completing the fields of the screen:

The following fields are required and must be completed:

The following fields are optional:

When you have completed the fields (required and non-required), click the Next button to move to the Review and confirm screen.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Hearing request details screen), click the Edit icon to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Hearing request. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General help section for information about the Cart and making payments or submitting zero dollar transactions.

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Opposition proceedings – File an extension of time

Important: All extensions have a cost associated with them. View the Complete list of fees for trademarks.

You may submit a request for an extension of time at any stage when you see an option for filing an extension on your screen.

An extension of time takes one of two forms:

  1. An extension deadline of X months in duration or less as mandated for the phase).
  2. A cooling off period (X months in duration or less as mandated for the phase).

Note: All requests for a cooling off period require the consent of the other party.

Important: Within the life cycle of the Opposition proceedings each party can only make one request for a cooling off period.

When these extensions are requested, CIPO has the final word in granting extensions/cooling off periods and their time duration.

For the extension of time to file the Statement of opposition consent is not required from the other party. This extension of time is considered to be a proposed opposition.

In all other stages the party requesting the extension of time must indicate they have received consent from the other party.

When these extensions are requested, CIPO has the final word in granting extensions/cooling off periods and their time duration.

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Opposition proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your opponent evidence.

To return to the previous screen, click the Trademarks Opposition E-Services link located at the top of the left screen menu.

To continue filing your extension of time, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen – File first extension of time

If your Opposition proceedings search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may re-enter your search criteria and click the Search button again.

If your Opposition proceedings search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark you wish to proceed with.

Select a service from the Services that can be requested drop down menu. Currently you may select from two choices:

Note: Filing a first extension of time is done using the above choice from a drop down menu. If you wish to file a further extension of time, click the link File an extension of time in the Transactions / Actions available column of your screen.

This topic deals with filing a first extension of time. When you have made your selection, click the Confirm and proceed button to proceed to the next screen.

Filing a first extension of time is considered to be a proposed opposition. Consent is not required from the other party. A first extension assumes that the interested party intends to file for opposition in the future and is requesting time to prepare the opposition.

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First extension of time screens

The extension steps include completing the following screens:

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Extension details screen

On the Extension details screen, you will see the Applicant dialog box and the Extension of time reasons dialog box.

You may choose from one of the following options:

Click the radio button beside your choice. This is a required field.

If you click - Request a new deadline

Complete the following required fields:

  1. Enter the Requested deadline date (YYYY-MM-DD). You may also choose your date by clicking the calendar icon and selecting your date.
  2. Click the selection box if you are requesting an extension of time because your extension request is due to exceptional circumstances.
  3. Enter your reasons for the extension of time.

or

  1. Attach supporting documentation use the Browse button. When you have selected your document click the Add button.
    Note: You must complete at least one of fields 3 and 4. If you wish, you may complete both.

You may complete the following optional fields:

When you are done, click the Next button.

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Back to extension details screen

If you click Request a cooling off period

Complete the following fields.

  1. Click the selection box to indicate that you received the other party's consent to request a cooling off period.
  2. In the Requested deadline box, enter the requested new deadline date in YYYY-MM-DD format or use the calendar to select a date.
  3. Click the selection box if you are requesting a cooling-off period due to exceptional circumstances.
  4. Enter your reasons for the extension of time.

or

  1. Attach supporting documentation use the Browse button. When you have selected your document click the Add button.
    Note: At least one of fields 4 and 5 is required and must be completed. If you wish, you may complete both.
  2. If you are completing step 5, click the Upload file button once you have browsed and selected your file. A dialog box displays on your screen and your uploaded file is scanned for viruses.
  3. When you are done, click the Next button to move to the next screen in the process.

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Back to extension details screen

Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Extension details screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Extension of time. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General help section for information about the Cart and making payments or submitting zero dollar transactions.

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Search results details screen – All other extensions of time

If your Opposition proceedings search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may click the Previous button and enter your search criteria again.

If your Opposition proceedings search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

Select the link for File an extension of time if it is available in the Transaction/Actions available column.

You are moved to the Extension of time reasons screen.

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Extension of time reasons screen

You may choose from one of the following options:

Click the radio button beside your choice.

If you click - Request a new deadline

Complete the fields as follows:

  1. In the Requested deadline box, enter the new deadline date in YY-MM-DD format or use the calendar to select a date.
  2. Click the selection box if you are requesting an extension of time because your extension request is due to exceptional circumstances.
  3. In the reasons box, enter your reasons for the cooling off extension of time.

or

  1. Attach supporting document by browsing for your document.
    Note: At least one of fields 3 and 4 is required and must be completed. If you wish, you may complete both.
  2. If you are completing step 4, click the Upload file button once you have browsed and selected your file. A dialog box displays on your screen and your uploaded file is scanned for viruses.
  3. When you are done, click the Next button to continue.

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Back to extension of time reasons screen

If you click Request a cooling off period

Complete the following fields.

  1. Click the selection box to indicate that you received the other party's consent to request a cooling off period.
  2. In the Requested deadline box, enter the requested new deadline date in YYYY-MM-DD format or use the calendar to select a date.
  3. Click the selection box if you are requesting a cooling-off period due to exceptional circumstances.
  4. Enter your reasons for the extension of time.

or

  1. Attach supporting documentation use the Browse button. When you have selected your document click the Add button.
    Note: At least one of fields 4 and 5 is required and must be completed. If you wish, you may complete both.
  2. If you are completing step 5, click the Upload file button once you have browsed and selected your file. A dialog box displays on your screen and your uploaded file is scanned for viruses.
  3. When you are done, click the Next button to move to the next screen in the process.

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Back to extension of time reasons screen

Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Extension of time reasons screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Extension of time. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General help section for information about the Cart and making payments or submitting zero dollar transactions.

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Opposition proceedings – Applicant

Online Help — Trademarks Opposition E-Services - Opposition proceedings – Trademark applicant

Overview

The topics in this online help menu follow the flow of the screens as you use them to input your data for Trademarks Opposition E-Services. To find a help topic for a particular screen look for the name of the screen in the help file menu. For example if you want help with the General correspondence request screen, you would look under the Trademarks Opposition E-Services - Submit a general correspondence help section and look for the Correspondence request screen.

If you are new to the Opposition process you can read more about it at Practice in Trademark Opposition Proceedings. The site contains information that provides guidance on the CIPO practice and interpretation of relevant legislation. It also contains links to other related websites that may be of help to you.

If you are an Individual or Organization completing these screens and you do not have an agent, you may bypass the Agent topic in located this help file. This topic is only for Agents and contains information about screens that can only be viewed by Agents filing on behalf of their clients.

Other topics that may also be of interest to you are located in the General help section of the help file. They include Sign in, Problem Report, Sign out, Tips, Icon Legends, Glossary and Contact Us.

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Opposition services – Home page

The following menu items pertaining to the Opposition proceedings are available on the left and right menus are:

The left hand menu also contains the topics:

The other services pertain to section 45 proceedings or amending a previously filed application. These topics are dealt with in separate areas of the help file.

Review the options displayed on the screen and click an option to proceed to the screen you wish to complete. For example, click Opposition proceedings to locate your trademark and file your counterstatement.

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Opposition proceedings - File a Counter-statement - Search screen

When you click on the Opposition proceedings selection from the Trademark Opposition Services menu, the Search screen displays. This screen contains information about the Privacy Notice. You may select the Privacy Act link or the Read the full notice link to obtain more information about this topic.

The screen may also contain other information boxes pertinent to the search topic.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing a counter statement, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your Opposition proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter the application number again.

If your Opposition proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached your correct trademark.

There is also a table entitled List of Opposition cases.

You may click the View History icon in the History column of the table to view the Opposition case history. When you have reviewed the information you can click the Close button to return to the previous screen.

In the Transaction/Action available column of the table you should see the link entitled File a Counter-Statement. Click this link to proceed to the next screen.

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Agent screen overview

The screens associated with this topic are for agents only. If you are an individual or organization who is not using an agent, you may skip this section of the help and go to the Counter statement step. However, if you would like to consider using an agent to complete the Opposition, a list of trademark agents is available online or by contacting the Client Service Centre.

View the steps if you are an agent of a firm with many agents.

View the steps if you are a sole agent.

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Appointment of agent (Firm with more than one trademark agent)

The Appointment of trademark agent screen is used by agents to assign a trademark agent or firm (with several trademark agents) that has been authorized to act on behalf of the applicant in the Opposition proceedings.

Note: The agent / firm must be registered with the Trademarks office.

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Search results for firm (Firm with more than one trademark agent)

When the agent for an applicant is part of a firm, the screen displays the agents of the firm who can be assigned to act on behalf of the applicant.

  1. Review the list of agents that displays. If more than one page of results is available, you may click on the Next button to review more pages.
  2. When you locate the agent who will be acting on behalf of the applicant, select the radio button for that agent.
  3. Click the Clear selection button to clear your radio selection if you need to. You may select another agent by clicking the radio button to the left of your new choice. When you have made your choice, click the Appoint button to appoint the agent.
  4. When you have selected the agent, click the Next button to go to the Agent screen.

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Agent screen (Firm with more than one trademark agent)

Use this screen to review the details of the agent assigned to act on behalf of the applicant.

There is one required field on this page:

You may also add the following additional information to this screen:

Note: These fields are not required.

If an agent has already been appointed, you can use this screen to remove the agent by clicking on the Remove agent button.

When you click the Remove agent button, you are asked to confirm your choice to remove the agent. You can also click the Cancel button to return to the Agent screen without removing the agent.

When you click the Remove agent button and confirm your choice, you are then redirected to the Search results screen where you can select another agent from the firm to act for the applicant.

You can select an agent by clicking on the radio button beside the displayed agent's names and then clicking on the Appoint button. If you click on the wrong radio button you can click the Clear selection button to cancel your selection.

When you are done you may click the Next button to move to the next screen in the process.

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Appointment of trademark agent (Sole trademark agent or Firm with sole trademark agent)

The Appointment of trademark agent screen is used by agents to assign a trade-mark agent or firm (with only one trademark agent) that has been authorized to act on behalf of the applicant in the opposition proceedings.

Note: The agent / firm must be registered with the Trademarks office.

The agent is automatically appointed to the opposition. There is no need to select an agent.

There is one required field on this page:

You may also add the following additional information to this screen:

Note: These fields are not required.

When you click the Remove agent button and confirm your choice, you are then redirected to the Search results screen. Since there is only one agent, you may reselect that agent.

When you are done you may click the Next button to move to the next screen in the process.

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Counter statement screen

There are two options available on this screen. You may select:

Note1: Selection of one of the two statements above is required.

Note2: In accordance with section 44 of the Trademarks Regulations, a party must forward copies of the present communication with the Registrar to the other party of the opposition proceeding on the same day.

If you wish to deny the allegations in the statement of opposition, then select the radio button for the first statement.

If you select the radio button to indicate you wish to provide your own statement, other fields appear on the screen.

Enter your reasons into the Statement text box.

As well you are provided with the ability to attach supporting document. Use the Browse button to locate your document and then click the Upload file button to complete your upload.

Note: Information is provided on screen regarding the type of files and size of files that can be uploaded.

You must also complete the Service of Counter Statement box. All three fields are required.

If you choose the value Other as your method of service used for copying the other party then you are required to specify the method in a further text box provided. Other is any method other than those specified on the screen, that is, other than Registered Mail, Personal Service, or Courier. Note: The other method must be agreed to by both parties.

You may click the Previous button to return to the previous screen.

When you have completed the fields of the Counter statement details screen, click the Next button to move to the next screen in the process.

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Review and confirm

Use this screen to review your input.

If you wish to edit any information (for example: the Counter statement screen), click the Edit button to the right of the name of the screen you wish to change. You are returned to that screen where you can make changes. Alternatively, you may go to the screen you wish to edit by clicking on its name on the upper right hand menu on the screen.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Counter statement. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Opposition proceedings – File applicant's evidence

Important note: Filing evidence is time sensitive.

You have four months from the service of the opponent's evidence to file and serve your applicant evidence by way of affidavit or statutory declaration. You may also choose to inform TMOB and the opponent that you are not filing evidence.

Note: The evidence or the statement to TMOB must be filed within the prescribed timeline; otherwise, the application is deemed to have been abandoned.

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Opposition proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your opponent evidence.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing opponent evidence, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your Opposition proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter your application number again.

If your Opposition proceeding search is successful, the list of Opposition cases is displayed. Click the radio button for your opposition case (your name will be listed in the Opponent column) and then click the type of transaction you wish to do.

You may click the History icon located in the View history column if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. Currently you may select from two choices:

Depending on which transaction or action you select you are taken to the next screen in the process.

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Applicant's evidence screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing opponent evidence.

To return to the previous screen, click the Previous button.

To continue filing applicant evidence, click on the radio button for one of the following options:

  1. The applicant does not wish to submit evidence
  2. The applicant wishes to submit evidence

Note: One of the options is required and must be selected.

If you click the radio button for option 1, complete the Service of evidence section of the screen and then click the Next button to procced to the next screen in the process.

If you click the radio button for option 2, additional dialog boxes display on the screen. These fields are required and must be completed.

You may use these boxes to attach supporting documentation for your evidence.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

You can browse for a File name, enter the Name of the affiant (that is, name of person signing affidavit), or the Name of the declarant. You can then select your Evidence type (that is, Affidavit, Certified copy, Statutory declaration). You may also enter the Date sworn or choose the date from a calendar. These fields are all required fields and must be completed. You can then click the Upload file button to add the document to a table that displays below the Upload file button. The system will scan your uploaded documents for viruses.

Note: When you choose Certified copy, the Date sworn field is not shown on the screen.

Review the table to ensure you have included all your evidence files. If you wish to delete a file use the delete icon located in the Action column of the table.

For both options you must complete the Service of evidence fields. The fields are required.

You must:

Note: The Other service method must be agreed to by both parties.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Applicant's evidence screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Applicant's evidence. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.]

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Opposition proceedings – File applicant written representation

Important note: Filing a written representation is time sensitive.

You have two months from the Registrar's notice of Request Written representation to file and serve your applicant written representation. You must also inform the Registrar and the opponent by statement, that you are not filing written representation.

Note: The statement to the Registrar must be filed within the prescribed timeline; otherwise, the opposition proceeds to the next stage.

Written representations are actions that both the opponent and applicant may choose to file once.

There are three steps in the process of filing a written representation.

  1. Search for the opposed Trademark on which to apply written representation
  2. Decide whether or not to file a Written representation.
  3. Review and add to cart.

Note: There is no payment for this stage (unless it is an extension of time) but receipts are generated.

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Opposition proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your written representation.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing your written representation, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your Opposition proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter your search criteria again.

If your Opposition proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark you wish to proceed with.

Select a service listed in the Transaction/Action available column. For this part of the proceeding you may select:

When you click on your selection, you move to the next screen.

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Filing written representations screen

This screen contains information about the Privacy Notice. You may select the Privacy Act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing applicant written representations.

To return to the previous screen, click the Previous button.

To continue filing applicant written representations, click on the radio button for one of the following options:

  1. The applicant does not wish to file written representations
  2. The applicant wishes to file written representations

Option 1:

If you do not wish to file a written representation, click the option 1 radio button and complete the Service of filing written representation fields.

Option 2:

If you wish to file a written representation, click the option 2 radio button and then complete the Attach supporting documentation fields. You can browse for a file, and click the Upload file button to attach it.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

For both options you must also complete the Service of filing written representations fields to indicate that a copy of the evidence is being served to the other party. If you choose the option Other for your method of service, a third dialog box appears where you can specify how the evidence will be served to the other party.

Note: The other service method must be agreed to by both parties.

When you have completed the fields, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Filing Written representations screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

If you are done, click the Confirm and add to cart button to move to the next screen in the process.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Written representations. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can close the tab or the window.

Refer to the General Help section for information about the Cart and making payments.

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Opposition proceedings – Hearing request as applicant

Important note: Filing a hearing request is time sensitive.

You have one month from the service of Written representations to File a request for a hearing. You may also choose to inform TMOB that you do not wish to submit a Written representation. However, the written representation or the statement to TMOB must be filed within the prescribed timeline; otherwise, or if neither part requests a hearing then the office will move to the decision stage.

File a hearing request is an action that both the opponent and applicant may choose to file once (and if) the stage of the opposition action progresses past the evidence filing.

There are four steps in the process to file a hearing request.

  1. Search for the Trademark opposition case for which to file a hearing request
  2. File a hearing request.
  3. Review and add to cart
  4. Proceed to payment

Note: There is no payment for this stage but receipts are generated.

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Opposition proceedings - Search screen

This screen contains information about the Privacy Notice. You may select the Privacy Act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your Hearing request.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top left of the screen.

To continue filing your Hearing request, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your Opposition proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter your search criteria again.

If your Opposition proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

You may click the History icon located in the View history column if you want to view the history. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. For this part of the proceeding you may select:

When you click on your selection, you move on to the next screen.

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File a hearing request screen

This screen contains information about the Privacy Notice. You may select the Privacy Act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your Hearing request.

This screen also displays the following information which you can review prior to completing the fields of the screen:

The following fields are required and must be completed:

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Hearing request details screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in, for example, Hearing request. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

Click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Opposition proceedings – File an extension of time

Important: All extensions have a cost associated with them. View the Complete list of fees for trademarks.

You may submit a request for an extension of time at any stage when you see the option for filing an extension on your screen under the Transaction/Action Available column.

Note: There is no extension of time for the Hearing request phase.

When these extensions are requested, CIPO has the final word in granting extensions/cooling off periods and their time duration.

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Opposition proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing your Extension of time request, enter your Application number and click the Search button. This is a required field.

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Search results details screen – File an extension of time

If your search is unsuccessful, a message will appear at the top of the screen listing details about the error. Enter your search criteria again.

If your search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark you wish to proceed with.

You may click the History icon located in the View history column if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

In the table below the Trademark details is a List of opposition cases. Check the Transaction/Action Available column for your options.

Click the File an extension of time link to proceed to the next screen.

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Extension of time reasons screen

This section explains completing the Extension of time reasons screen.

You may choose from one of the following options:

Click the radio button beside your choice.

If you click - Request a new deadline

Complete the fields below as follows:

  1. Click the selection box to indicate that that the other party's consent is required. This is a required field.
  2. In the Requested deadline box, enter the new deadline date in YY-MM-DD format or use the calendar to select a date. This is a required field.
  3. Click the selection box if you are requesting an extension of time because your extension request is due to exceptional circumstances. This is an optional field but must be clicked if you are making the request for more time due to exceptional circumstances.
  4. In the Reasons text box, enter your reasons for the extension of time or the exceptional circumstances.
  5. Attach supporting document by browsing for your document.
    Note: This field is optional.
  6. Click the Upload file button once you have browsed and selected your file. A dialog box displays on your screen and your uploaded file is scanned for viruses. This button is required if you are attaching a document to back up your text in the Reasons text box.
  7. Click the selection box to confirm that a copy of the supporting documentation is being copied to the other party.
  8. When you are done, click the Next button to continue.

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Back to Extension of time reasons screen

If you click Request a cooling off period

Complete the fields as follows:

  1. Click the selection box to indicate that you received the other party's consent to request a cooling off period. This is a required field.
  2. In the Requested cooling off deadline box, enter the requested new deadline date in YYYY-MM-DD format or use the calendar to select a date. This is a required field.
  3. Click the selection box if you are requesting a cooling-off period due to exceptional circumstances.
  4. Enter the reason for cooling-off request in the text box. This is a required field.
  5. Attach supporting document by browsing for your document.
    Note: This field is optional.
  6. Click the Upload file button once you have browsed and selected your file. A dialog box displays on your screen and your uploaded file is scanned for viruses. This button is required if you are attaching a document to back up your text in the Reasons text box.
  7. Click the selection box to confirm that a copy of the supporting documentation is being copied to the other party.
  8. When you are done, click the Next button to move to the next screen in the process.

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Back to Extension of time reasons screen

Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Extension of time reasons screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

If you wish to print your completed steps, click the Print the review button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the feature you are working in for example Extension of time. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

Click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Section 45 proceedings – Requesting party

Online Help — Trademarks Opposition E-Services - Section 45 – Requesting party

Overview

The topics in this branch of the online help menu follow the flow of the screens as you use them to input your data for Trademarks Opposition Board – Section 45 Proceedings – Requesting party.

To find a help topic for a particular screen look for the help section for the type of transaction you wish to do. You may then look for the screen you are on and locate the name of the screen in the help file menu. For example if you want help with adding a new Requesting party for a section 45 proceeding, you would look under the general topic Section 45 proceedings – Requesting party and look for the topic adding a Requesting party.

If you are an Individual or Organization completing these screens and you do not have an agent, you may bypass the Agent topics in located this help file. These topics are only for Agents and contain information about screens that can only be viewed by Agents filing on behalf of their clients.

Other topics that may also be of interest to you are located in the General Help section of the help file. They include Sign in, Problem Report, Sign out, Tips, Icon Legends, Glossary and Contact Us.

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Section 45 proceedings – Home page

The Home page lists the services that are available when filing or responding to a section 45 proceeding. All menu selections listed on the right hand menu are also located on the left hand menu. These include:

The left hand menu also contains the topics:

Review the options displayed on the screen and click an option to proceed to the next screen in the process, for example Section 45 proceedings.

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Section 45 search screen

To call up this screen, click the Section 45 proceedings link on the Trademarks Opposition E-Services home page.

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing a section 45.

To return to the previous screen, click the Trademarks Opposition E-Services link located at the top of the left screen menu.

To continue filing a section 45 notice, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. You may search by Application number or Registration number. The search criteria field is a required field.

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Section 45 search results screen

If your section 45 proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter your search criteria again and click the Search button.

If your section 45 proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

To return to the previous screen, click the Trademarks Opposition E-Services link on the left hand menu.

Click the Confirm and proceed button to proceed to the next screen.

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Section 45 – Requesting party screen

Use this screen to add a new requesting party. Click the Add a new requesting party button to begin the process.

Note: There can only be one requesting party per section 45 case. The requesting party must have a Canadian address. If not they must complete the Address for service in Canada portion of the screen.

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Requesting party screen – add or edit

Use this screen to add or edit Requesting party information, Language of Correspondence, Correspondence address information and if required, Address for Service in Canada information.

Ensure that all required fields are completed. You may also add non-required data (for example: Telephone number, Email address, Reference number).

If you wish to leave the screen without saving your changes, click the Cancel button.

When you are done making changes, click the Save button.

You move to the Section 45 requesting summary party screen. To move to the next screen in the process click the Next button.

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Requesting party information box

Use this box to view the Requesting party information. You may perform two actions on this screen.

You may click the Remove button to remove the party from this screen. If you do you are returned to the previous screen where you may begin your input again.

You may click the Edit requesting party button to edit the details of the opponent information screen. If you do you are taken to the Requesting party – edit screen. Refer to the topic Requesting party screen – add or edit for more details.

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Agent screen overview

This screen is for agents only. If you are a non-agent, you may skip this section of the help and go to the Review and confirm step. However, if you are a non-agent and you would like to consider using an agent to complete the section 45 proceeding, a list of trademark agents is available online or by contacting the Client Service Centre.

View the steps if you are an agent of a firm with more than one agent.

View the steps if you are a sole agent.

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Appointment of a trademark agent (Firm with more than one trademark agent)

The Agent screen is used by agents to select a trademark agent or firm (with several TM agents) that has been authorized to act on behalf of the requesting party in the section 45 proceedings.

Note: The agent / firm must be registered with the Trademarks Office.

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Back to Agent screen overview

Agent information

When the agent for an applicant is part of a firm, the screen displays the agents of the firm who can be assigned to act on behalf of the opponent.

If an agent has already been appointed, you can use this screen to remove the agent by clicking on the Remove agent button.

When you click the Remove agent button you are redirected to the Search results screen where you can select another agent from the firm to act for the opponent.

You may also remove an agent and not appoint another agent. To do this click the Remove agent button and when the search results screen displays, do not select an agent. Click the Next button to move to the next screen in the process.

To select another agent, click on the radio button beside the displayed agent's names and then clicking on the Select button. If you click on an incorrect selection, just click the right selection and continue the appointment.

Note: If you did not mean to appoint an agent at all, and you clicked a select button in error, simply appoint any agent and then use the Remove button on the Agent screen to remove the agent.

When you are done, click the Next button to move to the next screen in the process.

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Back to Agent screen overview

Agent screen

Use this screen to review the details of the agent assigned to act on behalf of the requesting party.

You may add the following additional information to this screen:

Note: These fields are optional.

You must select the Language of correspondence.

Note: This field is required.

If an agent has already been selected, you can use this screen to remove the agent by clicking on the Remove agent button.

When you click the Remove agent button you are redirected to the Agent information screen where you can select another agent from the firm to act for the opponent.

You may also leave the radio buttons unselected and click the Next button if you are not selecting an agent for the file.

When you have completed the fields on this screen, click the Next button to move to the next screen in the process.

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Back to Agent screen overview

Appointment of trademark agent (Sole trademark agent or Firm with sole trademark agent)

The Appointment of trademark agent screen is used by agents to assign a trade-mark agent or firm (with only one TM agent) that has been authorized to act on behalf of the requesting party in the section 45 proceedings.

Note: The agent / firm must be registered with the Trademarks Office.

The agent is automatically appointed to the section 45 proceeding. There is no need to select an agent.

You may add the following additional information to this screen:

Note: These fields are optional.

You must select the Language of correspondence.

Note: This field is required.

When you click the Remove agent button you are redirected to the Search results screen. Since there is only one agent, you may only reselect that agent.

When you click the Remove agent button you are redirected to the Agent information screen. Since there is only one agent, you may only reselect that agent.

You may also leave the radio buttons unselected and click the Next button if you are not selecting an agent for the file.

When you have completed the fields on this screen, click the Next button to move to the next screen in the process.

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Back to Agent screen overview

Request to issue a section 45 notice – Goods and/or services

Use this screen to indicate whether your section 45 notice is in respect to some or all of the goods and services specified in the registration. There is one field displaying on the screen.

Select one of the following options. (This field is required.) Your options are:

If you select option 2, a Goods and/or services box displays on the screen. Enter the goods and/or services that you want to specify for your section 45.

Click the Next button to move to the Review and Confirm page.

Review and Confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Requesting party screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Request to Issue a section 45 notice screen. Click on your choice and a new tab or window showing a summary of the notice displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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Section 45 proceedings – Requesting party's written representations overview

Written representations are actions that both the Requesting party and Registered Owner may choose to file when the stage of the section 45 action progresses past the evidence filing.

There are three steps in the process of filing written representations.

  1. Search for the section 45 Trademark on which to apply written representations
  2. Decide whether or not to file written representations.
  3. Review and add to cart.

Note: There is no payment for this stage (unless it is an extension of time) but receipts are generated.

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Section 45 proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your written representations.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing your written representations, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your section 45 proceeding search is unsuccessful, a message will appear at the top of the screen listing details about the error. Enter your search criteria again.

If your section 45 proceeding search is successful, the details of the registration are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

You may click the History icon located in the View history column of the List of opposition cases table if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. For this part of the proceeding you may select:

When you click on your selection, you move on to the next screen.

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Requesting party's written representations screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing Requesting party written representations.

To return to the previous screen, click the Previous button.

To continue filing Requesting party written representations, click on the radio button for one of the following options:

  1. The requesting party does not wish to file written representations
  2. The requesting party wishes to file written representations

If you click the radio button for option 1, complete the Service of filing written representations section and then click the Next button to procced to the next screen in the process.

If you click the radio button for option 2, an additional dialog box displays on the screen.

You may use this box to attach supporting documentation for your written representations. You can browse for a file, and click the Upload file button to attach it.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

For both options you must also complete the Service of filing written representations box to indicate that a copy of the written representations is being served to the other party. If you choose the option Other for your method of service, a third dialog box appears where you can specify how the supporting documentation for the written representations will be served to the other party. All the fields are required.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Written representations screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may also click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.]

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Requesting party's written representations screen. Click on your choice and a new tab or window showing a summary of the written representations displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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File Requesting party's hearing request

Important: Hearing requests are time sensitive. The Requestor or the Registered Owner must give the Registrar written notice of its request to be heard as follows:

Registered Owner has submitted and served its written representations or a statement then the hearing must be requested within one month.

Registered Owner has not submitted and served its written representations or a statement then the hearing must be requested within one month of the expiry of the Registered Owner's final deadline.

Hearing requests are actions that both the requesting party and registered owner may choose to file.

There are four steps in the process of filing a hearing request.

  1. Search for the Trademark section 45 for which to request a hearing.
  2. Ensure timelines to file are met.
  3. File a Requesting party's hearing request.
  4. Review and add to cart.

Note: There is no payment for this stage but receipts are generated.

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Section 45 proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your Hearing request.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing your hearing request, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your section 45 proceeding search is unsuccessful, a message will appear at the top of the screen listing details about the error. Enter your search criteria again.

If your section 45 proceeding search is successful, the details of the registration are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

You may click the History icon located in the View history column of the List of opposition cases table if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. For this part of the proceeding you may select:

When you click on your selection, you move on to the next screen.

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Requesting party's hearing request screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing a Hearing request. To return to the previous screen, click the Previous button.

The Requesting party's hearing request screen displays the following information:

To continue filing complete the following required fields:

  1. How will you be making the presentation? (In person, By telephone, Video conference)
  2. Language of presentation (English, French)
  3. Will you require simultaneous translation? (Yes, No)
  4. Is request conditional on other party's request for hearing? (Yes, No)

There are also some optional fields you can complete:

  1. I wish to request a longer hearing duration period (Click if you require a longer period and complete the next field)
  2. Hearing request details / Justification for a longer hearing duration. Note: If you clicked on the field above then this field is required.

You may also attach supporting documentation for your hearing request. You can browse for a file, and click the Upload file button to attach it.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

You must also complete the selection box to indicate that a copy of the hearing request is being served to the other party.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Requesting party's hearing request screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Requesting party's hearing request screen. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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Section 45 proceedings – File an extension of time

Important: All extensions have a cost associated with them. You can view a list of all Trademark fees.

You may submit a request for an extension of time at any stage when you see an option for filing an extension on your screen.

Note: When these extensions are requested, CIPO has the final word in granting extensions and their time duration. The Copy of Extension of time details is a required field. Clicking this box is your confirmation that you have sent a copy of the supporting documentation for the extension of time to the other party.

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Section 45 proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your Extension of time.

To return to the previous screen, click the Trademark opposition board link located at the top of the left screen menu.

To continue filing your extension of time request, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your section 45 proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter the application number again.

If your section 45 proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

You may click the History icon located in the View history column of the List of section 45 cases table if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select the link for File an extension of time if it is available in the Transaction/Actions available column.

The Section 45 extension details screen displays.

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Section 45 - Extension details screen

This screen displays the following information:

Complete the fields as follows:

  1. In the Extension of time request box, enter the requested new deadline date. (Read the screen text for date time you can enter/select.) You may also use the calendar to select a date. This is a required field.
  2. Click the selection box if you are requesting an extension of time because your extension request is due to exceptional circumstances. This is an optional field.
  3. Complete the text box to indicate your reasons for the extension of time and/or your exceptional circumstances. This is a required field.
  4. Attach supporting document by browsing for your document. This is an optional field.
    Note: If you wish, you may complete both step 3 and 4.
  5. If you attach a file, click the Upload button to add your selected file(s).
  6. Click the selection box for the statement We confirm that a copy of the supporting documentation for the extension of time is being copied to the other party field. This is a required field.
  7. Click the Next button to continue.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Extension details screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Extension details screen. Click on your choice and a new tab or window showing a summary of the evidence displays. Note: You can choose both. If so, choose one and when the screen for the one displays, then choose the other.

Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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File a general correspondence

For information on this topic view the General help section.

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Section 45 proceedings – Registered owner

Online Help — Trademarks Opposition E-Services - Section 45 – Registered Owner

Overview

The topics in this branch of the online help menu follow the flow of the screens as you use them to input your data for Trademark Opposition E-Services– section 45 Proceedings – Registered Owner.

To find a help topic for a particular screen look for the help section for the type of transaction you wish to do. You may then look for the screen you are on and locate the name of the screen in the help file menu. For example if you want help with adding a new opponent for a section 45 proceeding, you would look under the general topic section 45 proceedings – opponent and look for the topic adding an opponent.

If you are an Individual or Organization completing these screens and you do not have an agent, you may bypass the Agent topics in located this help file. This topic is only for Agents and contains information about screens that can only be viewed by Agents filing on behalf of their clients.

Other topics that may also be of interest to you are located in the General Help section of the help file. They include Sign in, Filing a General correspondence, Problem Report, Sign out, Tips, Icon Legends, Glossary and Contact Us.

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Section 45 proceedings – Home page

The Home page lists the services that are available when filing or responding to a section 45 proceeding. All menu selections listed on the right hand menu are also located on the left hand menu. These include:

The left hand menu also contains the topics:

Review the options displayed on the screen and click an option to proceed to the next screen in the process, for example section 45 proceedings.

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Section 45 proceedings - File Registered Owner's evidence - Search screen

This screen contains information about the Privacy Notice. You may select the Privacy Act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your Registered Owner evidence.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing Registered Owner evidence, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your section 45 proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter your search criteria again.

If your section 45 proceeding search is successful, the list of section 45 cases is displayed in the List of opposition cases table. Click the type of transaction you wish to do.

You may click the History icon located in the View history column of the List of opposition cases table if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. Currently you may select from two choices:

Depending on which transaction or action you select you are taken to the next screen in the process.

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Agent screen overview

This screen is for agents only. If you are a non-agent, you may skip this section of the help and go to the Registered Owner's evidence step. However, if you are a non-agent and you would like to consider using an agent to complete the Opposition, a list of trademark agents is available online or by contacting the Client Service Centre.

View the steps if you are an agent of a firm with more than one agent.

View the steps if you are a sole agent.

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Appointment of trademark agent (Firm with more than one trademark agent)

The Appointment of trademark agent screen is used by agents to assign a trademark agent or firm (with several Trademark agents) that has been authorized to act on behalf of the Registered Owner in the section 45 proceedings.

Note: The agent / firm must be registered with the Trademarks Office.

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Back to Agent screen overview

Search results for Firm

When the agent for an applicant is part of a firm, the screen displays the agents of the firm who can be assigned to act on behalf of the opponent.

  1. Review the list of agents that displays. If more than one page of results is available, you may click on the Next button to review more pages.
  2. When you locate the agent who will be acting on behalf of the applicant, select the radio button for that agent.
  3. Click the Clear selection button to clear your radio selection if you need to. You may select another agent by clicking the radio button to the left of your new choice. When you have made your choice, click the Appoint button to appoint the agent.
  4. When you have selected the agent, click the Next button to go to the Agent screen.

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Back to Agent screen overview

Request to issue a section 45 - Agent screen

Use this screen to review the details of the agent assigned to act on behalf of the requesting party.

You may add the following additional information to this screen:

Note: This field is optional.

If an agent has already been appointed, you can use this screen to remove the agent by clicking on the Remove agent button.

When you click the Remove agent button you are redirected to the Search results screen where you can select another agent from the firm to act for the opponent.

You may also remove an agent and not appoint another agent. To do this click the Remove agent button and when the search results screen displays, do not select an agent. Click the Next button to move to the next screen in the process.

To select another agent, click on the radio button beside the displayed agent's names and then clicking on the Select button. If you click on an incorrect selection, just click the right selection and continue the appointment.

Note: If you did not mean to appoint an agent at all, and you clicked a select button in error, simply appoint any agent and then use the Remove button on the Agent screen to remove the agent.

When you are done, click the Next button to move to the next screen in the process.

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Back to Agent screen overview

Appointment of trademark agent (Sole trademark agent or Firm with sole trademark agent)

The Appointment of trademark agent screen is used by agents to assign a trade-mark agent or firm (with only one Trademark agent) that has been authorized to act on behalf of the Registered Owner in the section 45 proceedings.

Note: The agent / firm must be registered with the Trademarks Office.

The agent is automatically appointed to the section 45 proceeding. There is no need to select an agent.

You may add the following additional information to this screen:

Note: Language of correspondence is a required field and must be completed. The other two fields are optional.

When you click the Remove agent button you are redirected to the Search results screen. If there is only one agent, you may only reselect that agent.

When you are done you may click the Next button to move to the next screen in the process.

You may also remove an agent and not appoint another agent. To do this click the Remove agent button and when the search results screen displays, do not select an agent. Click the Next button to move to the next screen in the process.

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Back to Agent screen overview

Registered Owner's evidence details screen

Important note: Filing evidence is time sensitive.

The registered owner has three months from the date of the section 45 notice to file and serve evidence by way of affidavit or statutory declaration. If no evidence is submitted within the prescribed timeline, then the trademark is liable to be expunged and TMOB will issue a final decision expunging the trademark registration.

This screen contains information about the Privacy Notice. You may select the Privacy Act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing Registered Owner evidence.

To return to the previous screen, click the Previous button.

There are two areas of the screen to be completed:

Attach documentation fields

  1. Browse for the affidavit or statutory declaration document.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

  1. Select an evidence type (your choices are: Affidavit, Statutory declaration)
  2. Enter the name of the Affiant (that is, name of person signing the affidavit or declaration).
  3. Enter the date sworn or choose the date from a calendar.
  4. Click the Upload file button to complete the attachment.

Service of evidence fields

You must also complete the Service of evidence fields to conform that a copy of the evidence is being served to the other party.

  1. Click the selection box to confirm that a copy of the evidence is being served to the other party.
  2. Enter the Date served or choose the date from a calendar.
  3. Select the method of service used to copy the other party.

Note: If you choose the option Other for your method of service, a third dialog box appears where you can specify how the evidence will be served to the other party. The other method must be agreed to by both parties.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Registered Owner's evidence screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the section 45 evidence screen. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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Section 45 proceedings – Filing Registered Owner's written representation

Written representations are actions that both the Requesting party and Registered Owner may choose to file once (and if) the stage of the section 45 action progresses past the evidence filing.

There are three steps in the process of filing a written representation.

  1. Search for the section 45 Trademark on which to apply written representation
  2. Decide whether or not to file a Written representation.
  3. Review and add to cart.

Note: There is no payment for this stage (unless it is an extension of time) but receipts are generated.

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Section 45 proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your written representation.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing your written representation, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your section 45 proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. You may click the Previous button and enter your search criteria again.

If your section 45 proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

You may click the History icon located in the View history column of the List of opposition cases table if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. For this part of the proceeding you may select:

When you click on your selection, you move on to the next screen.

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Registered Owner's written representation screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing Registered Owner's written representations.

To return to the previous screen, click the Previous button.

The Registered Owner's written representation screen displays the following information:

To continue filing Registered Owner written representations, you must click on the radio button for one of the following options:

  1. The Registered Owner does not wish to file written representations
  2. The Registered Owner wishes to file written representations

If you click the radio button for option 1, click complete the Service of filing written representation fields and then click the Next button to procced to the next screen in the process.

If you click the radio button for option 2, an additional dialog box displays on the screen.

You may use this box to attach your supporting documentation. You can browse for a file, and click the Upload file button to attach it.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

Service of filing written representation

For both options, you must also complete the Service of filing written representations box to indicate that a copy of the written representations is being served to the other party. If you choose the option Other for your method of service, a third dialog box appears where you can specify how the supporting documentation for the written representation will be served to the other party.

When you have completed the dialog boxes, click the Review button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Written representations screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Registered Owner's written representation details screen. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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Section 45 proceedings – File Registered Owner's hearing request

Hearing requests are actions that both the requesting party and applicant may choose to file once. Note: The stage of the section 45 action has to have progressed past the evidence filing.

There are three steps in the process of filing a hearing request.

  1. Search for the Trademark section 45 for which to request a hearing
  2. File a Requesting party's hearing request.
  3. Review and add to cart.

Note: There is no payment for this stage (unless it is an extension of time) but receipts are generated.

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Section 45 proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your hearing request.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing your hearing request, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your section 45 proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter the search criteria again.

If your section 45 proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark for which you wish to proceed.

You may click the History icon located in the View history column of the List of opposition cases table if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select a service listed in the Transaction/Action available column. For this part of the proceeding you may select:

When you click on your selection, you move on to the next screen.

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Registered Owner's hearing request screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that provide information you may need to know about filing a Hearing request.

To return to the previous screen, click the Previous button.

The Registered Owner's hearing request screen displays the following information:

To continue filing complete the following required fields:

  1. How will you be making the presentation? (In person, By telephone, Video conference)
  2. Language of presentation (English, French)
  3. Will you require simultaneous translation? (Yes, No)
  4. Is request conditional on other party's request for hearing? (Yes, No)

There are also some optional fields you can complete:

  1. I wish to request a longer hearing duration period (Click if you require a longer period and complete the next field)
  2. Hearing request details / Justification for a longer hearing duration (this field is required if the previous field is selected).

You may use these boxes to attach supporting documentation for your hearing request. You can browse for a file, and click the Add button to attach it.

Note: There is a screen message to inform you of accepted file types and sizes that can be attached.

You must also complete the Copy of Hearing Request box to indicate that a copy of the hearing request is being served to the other party. This is a required field.

When you have completed the dialog boxes, click the Next button to move to the next screen in the process.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Registered Owner's hearing request screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Registered Owner's hearing request screen. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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Section 45 proceedings – File Registered Owner's extensions of time

Important: All extensions have a cost associated with them.

You may submit a request for an extension of time at any stage when you see an option for filing an extension on your screen.

Note: When these extensions are requested, CIPO has the final word in granting extensions and their time duration.

The statement We confirm that a copy of the supporting documentation for the extension of time is being copied to the other party is a required field. Clicking this box is your confirmation that you have sent a copy of the supporting documentation for the extension of time to the other party.

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Section 45 proceedings - Search screen

This screen contains information about the Privacy notice. You may select the Privacy act link or the Read the full notice link to obtain more information about these topics.

The screen may also contain information boxes that will provide information you may need to know about filing your Extension of time.

To return to the previous screen, click the Trademark Opposition E-Services link located at the top of the left screen menu.

To continue filing your Extension of time request, use the dropdown menu to select the criteria you want to search by, enter your criteria and then click the Search button. This is a required field.

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Search results details screen

If your section 45 proceeding search is unsuccessful, the details a message will appear at the top of the screen listing details about the error. Enter the application number again.

If your section 45 proceeding search is successful, the details of the application are displayed. Check the details to ensure you have reached the correct trademark with which you wish to proceed.

You may click the History icon located in the View history column of the List of opposition cases table if you want to view the history of your case. In this instance use the Close button to close the history screen and return to the results screen.

Select the link for File an extension of time if it is available in the Transaction/Actions available column.

You are moved to the Section 45 - extension details screen.

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Section 45 extension details screens

The section 45 extension details screen displays the following information:

Complete the fields for this screen as follows:

  1. In the Requested deadline field, select the requested new deadline date using the calendar. This is a required field.
  2. Click the selection box if you are requesting an extension of time because your extension request is due to exceptional circumstances. This is an optional field.
  3. Complete the text box to indicate your reasons for the extension of time or your exceptional circumstances. This is a required field.
  4. Attach supporting document by browsing for your document. This is an optional field.
  5. Click the Upload file button to add your selected file(s). This is an optional field.
  6. Click the selection box for the text We confirm that a copy of the supporting documentation for the extension of time is being copied to the other party to confirm that the other party is being copied. This is a required field.
  7. Click the Next button to continue.

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Review and confirm screen

Use this screen to review your input.

If you wish to edit any information (for example: the Extension details screen), click the Edit button to the right of the name of the screen. You are returned to that screen where you can make changes.

You may click the Previous button to return to the previous screen.

When you are done, click the Confirm and add to cart button to move to the next screen in the process.

Refer to the General Help section for information about the Cart and making payments.

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Print completed steps

If you wish to print your completed steps, click the Print completed steps button. This button is on the right side of the screen under the Fees box. You are given a choice between a PDF version and an HTML version of the Extension details screen. Click on your choice and a new tab or window showing a summary of the evidence displays. Use your browser's print function to print off a copy. When you are done you can click the Close button to close the tab or the window.

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File a general correspondence

For information on this topic view the General help section.

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