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The Trademark Expungement Proceeding
Guide for Self-Represented Registered Owners

From: Canadian Intellectual Property Office

This guide provides basic information on what the expungement (section 45) proceeding is. It is intended to help owners of registered trademarks represent themselves before the Trademarks Opposition Board. It does not constitute legal advice and does not cover every situation that may come up during the proceeding. For legal advice, please contact a trademark agent.

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  1. What is a trademark expungement (section 45) proceeding?

1. What is a trademark expungement (section 45) proceeding?

If a trademark has been registered in Canada for a period of three years or more, anyone can request that this registration be expunged (i.e. removed from the Register of Trademarks) or amended for non-use, by asking the Registrar of Trademarks to send a notice to the owner of the trademark, as per section 45 of the Trademarks Act.

Note: An expungement proceeding can be complex and can take considerable time. A trademark agent can help you. Click here to find one.

1.1 I received a section 45 notice, what do I do?

If you are the owner of a trademark and you have received a notice, you must submit evidence in order to prevent your trademark registration from being removed from the Register of Trademarks or amended.

Carefully read the notice to find out if you need to submit evidence in association with each of the goods and/or services appearing in your registration, or only in association with certain goods and/or services.

Failure to file evidence will lead to your trademark registration being removed or amended from the Register of Trademarks.

1.2 What can I submit as evidence?

Note: An affidavit or a statutory declaration is a written declaration or statement of facts that is confirmed by an oath or affirmation in the presence of a commissioner of oaths or a notary public

1.3 What do I do with my evidence?

Additional Information

You can also consult the following resources for more information:
Practice in section 45 proceedings
Section 45 Proceedings
FAQs on section 45 proceedings (registered owner)
or
contact the Trademarks Opposition Board at ic.cipotmobrec@canada.ca.

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