The common practice of the Trademarks Opposition Board concerning the filing of case law and books of authorities is set forth in the practice notices entitled Practice in Trademark Opposition Proceedings (Practice in Opposition) and Practice in Section 45 Proceedings (Practice in section 45). [Refer to sectionX.8–Jurisprudence of Practice in Opposition and section VII.7-Jurisprudence of Practice in section 45].
The Common List of Authorities (Common List) identifies cases that are frequently cited in opposition and/or section 45 proceedings. The Common List may be updated occasionally.
For proceedings before the Trademarks Opposition Board, a party who has chosen to provide the Registrar with a book of authorities is not obliged to include a copy of any of the authorities included on the Common List. However, the party is still required to identify in its list of case law, the authorities that are found on the Common List upon which it intends to rely.