Trademarks for Canadians

Trademark Cancellation: Section 45 Proceedings

A Canadian trademark registration that is over three years old can be cancelled (sometimes called “expunged”) for lack of use. These proceedings are usually commenced by a person who wants an existing registration cancelled, normally prior to filing their own new application to register the trademark in Canada. Cancellation proceedings are brought pursuant to s. 45 of the Trademarks Act, and can be brought against an entire registration, or as against only certain wares or services claimed in the registration. 

Trademark cancellation proceedings in Canada can be very contentious, complex, and expensive. If successful, they result in the termination of all prior registration rights for the trademark owner. As a result, cancellation proceedings require the skilled attention of an experienced professional with deep knowledge of the procedures, the law, and trademarks practice. At Miltons IP we have this experience, and we routinely act as counsel for owners seeking to defend existing trademark registrations as well as and for parties seeking to cancel existing trademark registrations.