Practice in Objection Proceedings under Section 11.13 of the Trademarks Act

Publication Date: 2019-06-17

This practice notice intends to clarify the practice of the Canadian Intellectual Property Office (CIPO) with respect to geographical indication objection proceedings.

Relevant Legislation and Practice Notices

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

  • Trademarks Act (the Act)
  • Trademarks Regulations (the Regulations)
  • Practice in Trademarks Opposition Proceedings
  • Email communications of hearing correspondence
  • Electronic Evidence in Opposition and Section 45 Proceedings

The provisions set out in the practice notices entitled Practice in Trademark Opposition Proceedings and Email communications of hearing correspondence, both of which are published on CIPO's website, apply mutatis mutandis to objection proceedings under section 11.13 of the Act, insofar as they are not inconsistent with the Act or the Regulations.

At the present time, e-filing will not be available for objection proceedings. However, the Registrar will accept electronic evidence filed on physical media such as CDs, DVDs, and USB Keys. Please consult Electronic Evidence in Opposition and Section 45 Proceedings for information on acceptable electronic file formats.