Starting in January 2025, CIPO will randomly select registered trademarks that have been registered for more than three years and proactively initiate non-use cancellation proceedings against them. At that time, the trademark owner will need to defend their registration and provide evidence of use of the mark in Canada, or, where applicable, explain why use has not yet begun due to special circumstances. If no evidence of use or special circumstances can be provided, the registration will be cancelled.
The pilot program is designed to determine how many registered trademarks are not in use and provide fairer opportunities for businesses seeking to register new trademarks, but it runs counter to CIPO's 2019 elimination of the trademark use requirement, which required CIPO to indicate whether a trademark is in use when registering it.
CIPO plans to issue 100 non-use cancellation notices in January 2025, and then another 50 in February and March. It is not yet clear how long the pilot project will last. For details of the project, please click on the link: Pilot project on the Registrar-initiated section 45 expungement proceeding
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