Practice in section 45 proceedings

This practice notice replaces the Practice in Section 45 Proceedings, published in the Trademarks Journal on .

Proceedings under section 45 of the Trademarks Act, RSC 1985, c T-13, are summary and administrative in nature. The decision of the Registrar of Trademarks (the Registrar) in proceedings under section 45 of the Act (section 45 proceedings) does not determine substantive rights in a trademark [Philip Morris Inc v Imperial Tobacco Ltd (1987), 13 CPR (3d) 289 (FCTD)]. Section 45 proceedings are not intended to replace inter partes expungement proceedings under section 57 of the Act, where issues such as ownership, distinctiveness or abandonment of a registered trademark may be raised before the Federal Court.

For further information, please consult the FAQs on Section 45 Proceedings.

Publication date: 2019-06-17

Relevant legislation and practice notices

This Practice Notice makes reference to the following legislation and practice notices:

On this page

I Correspondence

Correspondence addressed to the Registrar in respect of a section 45 proceeding must follow sections 3 to 15, 68 and 69 of the Regulations and the Canadian Intellectual Property Office (CIPO)'s practice with respect to correspondence procedures. All correspondence relating to section 45 proceedings should:

Correspondence intended for the Registrar must not relate to more than one registration [section 4(1) of the Regulations].

However, in the case of section 45 proceedings against related registrations (i.e. those that involve the submitting and serving of identical materials in concurrent proceedings with the same parties), parties are permitted to reference more than one trademark registration in their correspondence pertaining to the provision of evidence, written representations and hearing requests [section 4(2)(h) of the Regulations]. It is only necessary to submit a single copy of the correspondence and any accompanying documents, if such correspondence and documents are submitted by way of physical delivery. Where a party has submitted a single copy, it is only necessary to serve a single copy. For information on the requirements for serving and submitting documents in electronic form or by electronic means, please consult Electronic Evidence in Opposition and Section 45 Proceedings.

Documents, including evidence, submitted to the Registrar are open to the public and cannot be returned to the party that filed them [section 29(1)(f) of the Act].

I.1 Requirement to copy other party

After the Registrar has forwarded a notice to the registered owner of the trademark under section 45(1) of the Act (Section 45 Notice), a party corresponding with the Registrar must copy the other party on the same day with any correspondence sent to the Registrar relating to the section 45 proceeding other than a document they are otherwise required to serve [section 69 of the Regulations].

II Section 45 notice

II.1 Trademark on the register more than three years

Any person (requesting party) may file a written request asking the Registrar to forward a Section 45 Notice to the registered owner of a trademark that has been registered for a period of three or more years.

Per section 45(1) of the Act, the requesting party may request that the Registrar limit the Section 45 Notice to particular goods or services set out in the registration.

A requesting party need not send a copy of its request to the registered owner of the trademark.

II.1.1 Required fee

A request for the issuance of a Section 45 Notice must be accompanied by payment in full of the prescribed fee as required by section 45(1) of the Act, section 67 of the Regulations, and Item 13 of the Schedule to the Regulations. Where the request is not accompanied by payment in full of the prescribed fee, the Registrar will inform the requesting party and will not issue the Section 45 Notice until such payment is received.

In cases where the Registrar has the authority to issue a Section 45 Notice, but decides not to do so (see section II.1.4 below), a refund will not generally be issued.

II.1.2 Amended registration

Where a registration has been amended to extend the statement of goods or services under section 41(1)(c) of the Act, the Registrar considers that the three-year period for such goods/services applies from the date of registration of the amendment. In that regard, reference may be made to section 41(2) of the Act, which provides that an application to extend the statement of goods/services in respect of which a trademark is registered has the effect of an application for registration of a trademark in respect of the goods or services specified in the application for amendment. Accordingly, a registered owner is not required to furnish evidence of use in respect of goods or services that have been listed in a registration for less than three years.

II.1.3 Merged registrations

Where a registration is the result of a merger pursuant to section 41(1)(f) of the Act, the Registrar considers that the three-year period begins on the day the particular goods or services matured to registration. Accordingly, a registered owner is not required to furnish evidence of use in respect of goods or services that have been registered for less than three years.

If a registration subject to a Section 45 Notice is merged with another registration, the section 45 proceeding will continue but only with respect to the goods and services that were subject to the Section 45 Notice as issued.

II.1.4 Good reasons not to issue the notice

Upon receipt of a written request under section 45 made after three years from the date of registration, the Registrar will issue a Section 45 Notice, unless the Registrar sees good reason for not doing so [Molson Companies Ltd v John Labatt Ltd et al (1984), 1 CPR (3d) 329 (FCTD)].

The Registrar determines whether there are good reasons not to issue a Section 45 Notice on a case by case basis. Following are examples of what may be considered good reasons not to issue a Section 45 Notice, depending on the facts of the particular case:

II.1.5 No authority to issue the notice

The Registrar will not issue a Section 45 Notice if it has no authority to do so. Following are examples of where the Registrar has no authority to issue a Section 45 Notice:

II.1.6 Issuance of the section 45 notice

If the Registrar decides to issue the Section 45 Notice, it will be sent to the address of record of the registered owner, with copies to the requesting party and the registered owner's recorded trademark agent in Canada, if any.

The Registrar is not responsible for any correspondence not received by the registered owner or its trademark agent, including the Section 45 Notice, in cases where the Registrar has not been notified of a change of address [section 6(2) of the Regulations].

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III Service in section 45 proceedings

This section is intended to cover service requirements in general. For more detailed information on service requirements for electronically filed evidence, please consult Electronic Evidence in Opposition and Section 45 Proceedings.

III.1 Service on representative of party

If a party to a section 45 proceeding has not appointed a trademark agent in Canada, that party may file with the Registrar and serve on the other party, a notice setting out the name and address in Canada of a person on whom or a firm on which service of any document may be made in respect of the proceeding [section 70 of the Regulations].

III.2 Service on trademark agent

If a party to be served appoints a trademark agent that resides in Canada in respect of a section 45 proceeding, service must be effected on that agent unless the parties agree otherwise [section 71(2) of the Regulations].

III.3 Manner of service

Service can be effected in any manner that is agreed to by the parties, including by electronic means [section 71(1)(e) of the Regulations]. This option is available regardless of whether the party being served has an address in Canada.

In the absence of the parties agreeing to service in any other manner, and where the party seeking to effect service has the information necessary to do so, service of a document must be effected by:

[sections 71(1)(a) to (c) of the Regulations]

In the absence of the parties agreeing to service in any other manner, and where the party effecting service does not have the necessary information to serve the other party by personal service, registered mail or courier, service must be effected by:

III.3.1 Personal service

If the party being served is represented by a trademark agent, the Registrar considers that a document can be served by personal service by:

If the party being served is self-represented, the Registrar considers that a document can be served by personal service by:

III.3.2 Registered mail

Registered mail is a service offered by Canada Post to customers who require proof of mailing and/or proof of delivery. The service secures the signature of the party being served or of the party's representative or appointed agent and provides the serving party with either a print-out of tracking information or a mailing receipt showing the date the document was provided to Canada Post.

The Registrar considers any service by Canada Post that provides the tracking of a document or requires signature on delivery (including, for example, XpressPost) to fall within the definition of service by registered mail [Biogen Idec Ma Inc v Canada (Attorney General), 2016 FC 517].

III.3.3 Courier

Courier is a third-party service other than registered mail which provides confirmation of receipt of a document for delivery, personal delivery and proof of delivery.

III.3.4 Sending a notice

Parties effecting service by the sending of a notice may do so by regular mail, registered mail or courier to the address of record for the party being served on the same date that they filed with or provided to the Registrar the document to be served. This will enable the Registrar to confirm that service was made on the correct party if the Registrar requests proof of service under section 71(9) of the Regulations.

Such notice should identify the proceeding, the parties to the proceeding and each of the documents filed with the Registrar. The date on which the documents were filed with the Registrar should also be indicated.

If contacted by the party being served by sending of a notice, the serving party is encouraged to provide a copy of any documents referred to in the notice to the party being served. Copies of documents may also be obtained by contacting CIPO's Client Service Centre and paying the requisite fee.

III.4 Effective date of service

The effective date of service of a document depends on the manner of service [section 71(3) of the Regulations].

Effective date of service
Manner of Service Effective Date of Service
Personal Service Day the document is delivered
Registered Mail Day the document is mailed
Courier Day the document is delivered to the courier
Electronic Means Day the document is transmittedFootnote 2
Notice Day the notice is sent

III.5 Notification to the registrar

A party effecting service in a section 45 proceeding must notify the Registrar of:

[section 71(8) of the Regulations]

Where service of a document in respect of a section 45 proceeding has been effected in any other manner, pursuant to section 71(1)(e) of the Regulations, the notification to the Registrar should clearly indicate the manner of service (e.g. email or facsimile) and indicate that the party being served consented to this manner of service.

Parties are expected to notify the Registrar about the manner and effective date of service of their documents on the other party in their covering letter attached to the documents they submit to the Registrar. For example, the covering letter attached to the documents submitted to the Registrar may state "service effected on the [requesting party/registered owner] by courier today".

III.6 Proof of service

The Registrar may request proof of service of a document in a section 45 proceeding, for example, in situations where there is a dispute between the parties with respect to whether service was effected [section 71(9) of the Regulations].

Such proof must be provided within one month from the date of the Registrar's request. If it is not provided within that time period, the document will be deemed not to have been served. Deadlines will not be suspended when proof of service is requested.

The proof of service required under section 71(9) of the Regulations will depend on the manner of service. The following will generally be accepted by the Registrar as proof of service:

Proof of service
Manner of Service Proof of Service
Personal Service in Canada Affidavit of service from the individual effecting service, indicating: i) how service was effected; ii) who was served; and iii) the date of service; or other proof of service in accordance with the rules of civil procedure in the province in which service took plane.
Registered Mail (or equivalent service) Print-out of tracking information or copy of receipt showing date of delivery to Canada Post.
Courier Print-out of tracking information or copy of courier slip showing date of delivery to courier.
Notice under section 71(1)(d) Signed statement from the serving party indicating the date and manner the notice was sent (e.g. regular mail, registered mail or courier).Footnote 3
Electronic Means Facsimile: Copy of the confirmation of facsimile transmission indicating: i) the fax number of the serving party; ii) the fax number of the party being served; iii) the date and time of the transmission; and iv) the total number of pages transmitted (including cover page).
Email: Copy of sent email (excluding attachments), indicating: i) the name/email address to whom the email was sent; ii) the name/email address from whom the email was sent; and iii) the time and date the email was sent.

III.7 Irregular service

The Registrar will consider a document to have been validly served if the Registrar determines that it has been provided to the party being served [section 71(10) of the Regulations]. The effective date of service will be the day on which the document was provided to the party being served. The Registrar will confirm what it considers as the effective date of service at the time that it informs the parties of its determination.

If there is a lengthy delay between the time the document was provided to a party and the time the document came to the relevant person's attention, or between the date the document is provided to the party being served and the date the Registrar makes its determination under section 71(10) of the Regulations, the Registrar may consider granting an extension of time to the party being served for taking the next step.

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IV Evidence

In general, the rules of evidence which are applicable in the Federal Court are applicable in section 45 proceedings. While rulings on evidentiary matters will only be made at the decision stage and not during the course of a section 45 proceeding, technical objections to the manner of submitting evidence should be made at the earliest opportunity.

IV.1 Timing

The registered owner must furnish and serve evidence within three months from the date of the Section 45 Notice [section 45(1) of the Act and section 72 of the Regulations].

IV.2 Manner of submitting evidence

Evidence must be submitted to the Registrar by way of affidavit or statutory declaration [section 45(2) of the Act]. More than one affidavit or statutory declaration may be furnished on behalf of the registered owner, regardless of whether the affidavit or statutory declaration is signed by the registered owner [Canada (Registrar of Trademarks) v Harris Knitting Mills Ltd (1985), 4 CPR (3d) 488 (FCA)].

IV.2.1 Evidence submitted in electronic form or by electronic means

Section 64(1) of the Act provides that any document, information or fee that is provided to the Registrar may be provided in electronic form and by electronic means as specified by the Registrar. This includes evidence. The form and means by which evidence may be electronically provided to the Registrar are set out in Electronic Evidence in Opposition and Section 45 Proceedings.

IV.3 Evidence of use of the registered trademark

The evidence furnished in response to the Section 45 Notice should demonstrate:

[section 45(1) of the Act]

The relevant definitions of "use" are set out in section 4 of the Act.

The evidence must show use of the trademark by the registered owner or an assignee entitled to be recorded as registered owner [Star-Kist Foods Inc v Canada (Registrar of Trademarks) (1988), 20 CPR (3d) 46 (FCA)], licensed use of the trademark pursuant to section 50 of the Act, or licensed use of a certification mark pursuant to section 23(2) of the Act.

The type of evidence necessary to show use varies from case to case [Union Electric Supply Co Ltd v Registrar of Trademarks (1982), 63 CPR (2d) 56 (FCTD)]. However, the use of the trademark must be in compliance with section 4 of the Act and must be shown with respect to each of the goods and services listed in the registration or specified in the Section 45 Notice [section 45(1) of the Act].

The affidavit or statutory declaration must contain sufficient facts to support a conclusion that the trademark has been used in Canada, as opposed to containing bare assertions of use, which have been held to be insufficient to maintain a trademark registration under section 45 of the Act [Plough (Canada) Ltd v Aerosol Fillers Inc (1980), 53 CPR (2d) 62 (FCA)]. The evidence should be forthcoming in quality, not quantity [Phillip Morris Inc v Imperial Tobacco Ltd (1987), 13 CPR (3d) 289 (FCTD)].

IV.4 Evidence of licensed use

Where evidence of use is by a licensee of the registered owner pursuant to section 50 of the Act, it is not necessary to furnish a copy of any license agreement in a section 45 proceeding. A statement in the affidavit or statutory declaration that the registered owner had, under the license, direct or indirect control of the character or the quality of the subject goods or services is sufficient [Empresa Cubana Del Tabaco v Shapiro Cohen, 2011 FC 102, affirmed 2011 FCA 340].

IV.5 Evidence of special circumstances excusing non-use

In cases where the trademark was not in use at any time during the relevant period, the affidavit or statutory declaration should indicate the date the trademark was last in use and the reason(s) for the absence of use since that date.

In order for the registration not to be expunged, the Registrar must be satisfied that there were "special circumstances" excusing the absence of use during the relevant period. "Special circumstances" means circumstances or reasons that are unusual, uncommon, or exceptional [John Labatt Ltd v Cotton Club Bottling Co (1976), 25 CPR (2d) 115 (FCTD)].

The Registrar will consider all three of the following criteria in determining whether the evidence demonstrates special circumstances excusing the absence of use of the trademark in Canada:

[Canada (Registrar of Trade Marks) v Harris Knitting Mills Ltd, 4 CPR (3d) 488 (FCA) and Smart & Biggar v Scott Paper Limited (2008), 65 CPR (4th) 303 (FCA)]

IV.6 Consequences for registered owner's failure to furnish evidence

If the registered owner does not furnish any evidence in response to the Section 45 Notice, the trademark is liable to be expunged [section 45(3) of the Act].

IV.7 Consequences for registered owner's failure to serve evidence

If the registered owner does not serve its evidence on the requesting party in compliance with section 71 of the Regulations, the Registrar is not required to consider such evidence, in accordance with section 45(2.2) of the Act.

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V No cross-examination in section 45 proceedings

The Registrar has no authority to order cross-examination on an affidavit or statutory declaration furnished as evidence in a section 45 proceeding [Burke-Robertson v Carhartt Canada Ltd (1994), 56 CPR (3d) 353 (FCTD)].

VI Written representations

The Registrar will give the parties notice that they may submit and serve written representations sequentially after the registered owner has furnished evidence in response to the Section 45 Notice [section 45(2) of the Act and section 73 of the Regulations].

Written representations are not required in section 45 proceedings. If neither party submits and serves written representations within the respective deadlines, or requests a hearing, the Registrar will proceed in due course and as soon as administratively possible to issue the final decision.

Parties who do not submit and serve written representations by the prescribed deadline may still file a request for hearing.

VI.1 Requesting party

The time within which the requesting party may submit and serve its written representations or a statement that no representations will be submitted (statement) is two months from the date of the Registrar's notice inviting parties to submit and serve written representations [sections 73(4) and (5) of the Regulations].

VI.2 Registered owner

The time within which the registered owner may submit and serve its written representations (or statement) is as follows [sections 73(6) and (7) of the Regulations].

Where the requesting party has submitted and served written representations (or statement) within the prescribed time:

Where the requesting party has not submitted and served written representations (or statement) within the prescribed time:

VII Hearings

A party may only make representations at a hearing if they file a request for hearing in accordance with the requirements set out in section 74(1) of the Regulations.

A party's request for hearing may be conditional on the other party also requesting to be heard, as long as the information required is set out in the request and the request is filed within the prescribed time [section 74(2) of the Regulations]. If both parties file requests to be heard that are conditional on the other party also requesting to be heard, a hearing will not be scheduled and a decision will be issued.

VII.1 Timing

The time within which a party must give the Registrar written notice of its request for hearing is as follows [section 74(2)(b) of the Regulations].

Where the registered owner has submitted and served its written representations (or statement) within the prescribed time:

Where the registered owner has not submitted and served written representations (or statement) within the prescribed time:

VII.2 Request for hearing

The request for hearing must specify the following information:

[section 74(1) of the Regulations]

If a party has not furnished the specific information required by the Registrar in its request for hearing as detailed above, the Registrar will assume that party will appear in person and will schedule the hearing for two and a half hours, with representations to be made in the official language in which the request for hearing was made with no arrangements for simultaneous interpretation.

VII.3 Changes to hearing request

If a party who has filed a request for hearing wishes to make any changes with respect to their appearance at a scheduled hearing then the party should, as soon as possible and no less than one month prior to the scheduled hearing date, communicate such changes by:

No changes with respect to a hearing will be made until a request is received in writing. While reasonable efforts will be made, the Registrar may not be able to accommodate changes that are requested less than one month before the date of the scheduled hearing.

VII.4 Scheduling of hearings

Once the file is ready to be scheduled for a hearing, the Registrar will issue a notice to the parties setting out the time, date, location, manner and duration of the hearing, the official language(s) in which representations will be made, and whether simultaneous translation will be provided, in accordance with the information provided by the parties in their hearing request.

The Registrar will issue a notice advising parties of the scheduled hearing date at least 90 days prior to the hearing date.

VII.4.1 Rescheduling a hearing

The Registrar may reschedule a hearing date once, upon request, with consent of the other party as soon as administratively possible. In appropriate circumstances, the Registrar may grant a request to reschedule without consent.

VII.5 Simultaneous interpretation

The Registrar will arrange for any French and English interpreters needed at the hearing. Parties are entitled to make representations in either English or French at the hearing, but must indicate their preference in the request for hearing. The Registrar will provide simultaneous translation in English or French, provided that the Registrar has no less than one month notice in advance of the scheduled hearing date.

VII.6 Cancellation of hearing

If a party who has filed a request for hearing no longer wishes to attend a hearing, the party should, as soon as possible, communicate this to the Registrar by:

If both parties requested a hearing, it will only be cancelled if both parties consent to the cancellation. A hearing will not be cancelled until such time as the party or parties' request for cancellation is received in writing.

If a hearing is cancelled, the Registrar will proceed to issue a decision in due course, except in cases where the section 45 proceeding has been discontinued on consent or the registration has been voluntarily cancelled or expunged for failure to renew.

VII.7 Jurisprudence

At the hearing, the Hearing Officer/Member will have a copy of all case law included in the Common List of Authorities (Common List), which identifies cases that are frequently cited in opposition and section 45 proceedings.

At least two weeks prior to the hearing date, by facsimile or email, parties should provide one another and the Registrar (to the email address provided in the hearing notice) with:

Parties are not required to file books of authorities. If a party wishes the Hearing Officer/Member to refer at the hearing to any case law that is not identified in the Common List, the party may bring copies to the hearing.

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VIII Extensions of time

Deadlines and Available Extensions of Time at Each Stage of the Proceeding
Stage of Proceeding Statutory Deadline Benchmark Extensions Extensions of Time Based Upon Exceptional Circumstances
Registered Owner's Evidence 3 months from the date of the Section 45 Notice 4 months Determined on a case by case basis
Requesting Party's Written Representations 2 months from the date of the notice for written representations Not available Determined on a case by case basis
Registered Owner's Written Representations 2 months from the earlier of the effective date of service of the requesting party's written representations (or statement) or 2 months from the expiry of such deadline Not available Determined on a case by case basis
Request for Hearing 1 month from the earlier of the effective date of service of the registered owner's written representations (or statement) or 1 month from the expiry of such deadline Not available Not available

Section 47 of the Act is discretionary. It enables the Registrar to grant extensions of time in Section 45 proceedings if the Registrar is satisfied that the facts justify the need for an extension of time [Sandhu Singh Hamdard Trust v Canada (Registrar of Trademarks) (2007), 62 CPR (4th) 245 (FCA), affirming 47 CPR (4th) 373 (FCTD)].

All requests for an extension of time under section 47 of the Act must be accompanied by the prescribed fee [section 14 of the Regulations and Item 1 of the Schedule to the Regulations].

VIII.1 Extensions of time – Benchmark

The Registrar will grant only one request for an extension of time up to a maximum benchmark of four months, for the registered owner to furnish and serve evidence in response to a Section 45 Notice. The legislative intent behind section 45 is to provide an efficient and summary procedure for removing trademarks which are not in use from the Register. In view of this, further extensions of time for taking this step will be granted only in exceptional circumstances [see VIII.2 below]. Likewise, extensions of time for taking any other steps in a proceeding will be granted only in exceptional circumstances.

The Registrar will not grant more than one request for a benchmark extension of time for a registered owner to furnish and serve evidence, even where such multiple requests would only amount to the maximum benchmark of four months.

VIII.2 Extensions of time – Exceptional circumstances

The Registrar will grant an extension of time beyond the benchmark for a registered owner to furnish and serve its evidence or grant an extension of time for the parties to submit and serve written representations, if exceptional circumstances have been demonstrated.

The Registrar will not grant an extension of time to extend the deadline for requesting a hearing.

Following are examples of what the Registrar may consider exceptional circumstances justifying a further extension of time.

VIII.2.1 Recent change in the party's instructing principal or trademark agent

If there has been a very recent change in the party's instructing principal or trademark agent, the Registrar may grant an extension of time allowing a reasonable period of time to enable the new trademark agent or instructing principal to become familiar with the file.

VIII.2.2 Circumstances beyond the control of the person concerned

Examples of factors that could amount to exceptional circumstances beyond the control of the person concerned include illness, accident, death, bankruptcy or other serious and unforeseen circumstances.

VIII.2.3 Assignment of the registration

If there has been a recent assignment of the registration that is the subject of the section 45 proceeding, the Registrar may grant an extension of time allowing a reasonable period of time to enable the new trademark owner to become familiar with the file.

VIII.2.4 Amendment of the registration

An application to amend the subject registration to delete certain goods or services filed with the Registrar pursuant to section 41(1)(c) of the Act may be considered to be an exceptional circumstance, if the deletion would put an end to the proceeding or substantially change the nature of the proceeding.

VIII.3 Extensions of time – Retroactive

If a party is facing a statutory deadline that has already passed, the Registrar may consider a request for a retroactive extension of time [section 47(2) of the Act].

Requests for a retroactive extension of time must:

The Registrar will not grant a retroactive extension of time pursuant to section 47(2) of the Act in respect of a particular stage in a section 45 proceeding if the proceeding has already advanced to a subsequent stage.

The Registrar considers that there is no authority to grant a retroactive extension of time under section 47(2) after the Registrar has reached the final decision under section 45(3) of the Act [Re Wolfville Holland Bakery Ltd (1964), 42 CPR 88 (Ex Ct) and Ford Motor Co of Canada Ltd v Registrar of Trade Marks (1977), 36 CPR (2d) 135 (FCTD)].

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IX Discontinuance of section 45 proceedings

If the requesting party does not submit and serve written representations or a request for hearing, the Registrar may issue a notice requesting that the parties confirm whether they wish to discontinue the proceeding on consent.

At any time prior to the issuance of the final decision, the Registrar may discontinue a section 45 proceeding upon receipt of a request signed by or on behalf of both parties.

In the absence of such consent from both parties, the proceeding will continue through to the decision stage.

X Decision

The Registrar will render a final decision in writing, in accordance with section 45(3) of the Act, to maintain, amend or expunge the registration. The decision will be sent to both the registered owner and the requesting party in accordance with section 45(4) of the Act.

Pursuant to section 45(5) of the Act, the Registrar shall act in accordance with the decision as soon as administratively possible if no appeal is initiated under section 56 of the Act or, if an appeal is initiated, the Registrar will act in accordance with the final judgement given in appeal, as the case may be.

The Registrar will not hold decisions in abeyance or agree not to issue a decision based on consent of the parties and/or pending settlement negotiations.

In the absence of a court order, the Registrar has no authority to stay section 45 proceedings pending the outcome of court litigation [Anheuser-Busch Inc v Carling O'Keefe Breweries of Canada Ltd (1982), 69 CPR (2d) 136 (FCA)].

XI Appeals

The decision of the Registrar to maintain, expunge or amend the registration may be appealed to the Federal Court [section 56 of the Act]. Appeals must be filed in accordance with the Federal Courts Act and the Federal Courts Rules and filed with the Registrar in accordance with section 56(2) of the Act. See Service of Documents on the Registrar of Trademarks for further information.

This practice notice is intended to provide guidance on the Canadian Intellectual Property Office practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed. The provisions of this practice notice are general guidelines only, are not binding in any particular case and are subject to change.

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