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From December 1, 2023, the time for Canadian trademark opposition requests and cancellation procedures for non-use of a trademark under Article 45 will be significantly reduced by 50%. This means that trademark registrants have significantly less time to prepare for trademark opposition and filing cancellation proceedings.
The table below shows the time changes for opposition and trademark revocation before and after changes to Canadian trademark law.
program | deadline | extension length | Cooling-off period extension length | ||
| Before December 1, 2023 | After December 1, 2023 | Before December 1, 2023 | After December 1, 2023 | ||
| objection request | Within 2 months after announcement | 4 months | 2 months | 9 months, up to 18 months | 7 months, up to 14 months |
| Reply to objection request | Within 2 months after the Trademark Registration Office publishes the objection statement | 2 months | 1 month | ||
| Time for the respondent to submit evidence | 4 months from submission of statement of opinion | 3 months | 2 months | ||
| Time for the objection petitioner to submit evidence | 4 months after receiving the opponent’s evidence/statement of opinion | 3 months | 2 months | ||
| The time when the objection petitioner submitted evidence (for example, the cross-examination order was submitted within 2 months after the opponent submitted the evidence) | Depends on the completion time of cross-examination | 4 months after cross-examination, or 2 months if cross-examination cannot be completed | 2 months after the cross-examination, or 1 month if the cross-examination cannot be completed | ||
| Respond to the evidence | Within 1 month after the objection petitioner’s evidence/opinion statement is submitted | 4 months | 1 month | ||
| Respond to the evidence (if the cross-examination order is filed within 1 month after the objection requester submits the evidence) | Depends on the completion time of cross-examination | 4 months after cross-examination, or 2 months if cross-examination cannot be completed | 2 months after the cross-examination, or 1 month if the cross-examination cannot be completed | ||
| Time for submission of written statement of the respondent | Within 2 months after receiving official notification | 2 months | 1 month | ||
| Time for submission of objection petitioner’s written statement | Within 2 months from the receipt of the opponent’s statement/statement or the expiration of the deadline | 2 months | 1 month | ||
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