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Starting 1 April 2025, amendments to the Canadian Trademarks Act and its accompanying regulations will come into force. They will impact adversarial proceedings before the Trademarks Opposition Board (TMOB) and the Federal Court of Canada.
With respect to TMOB proceedings, parties will now be able to do the following:
With respect to Federal Court proceedings, the following changes have been introduced: •
Lastly, parties will also have the opportunity to challenge official marks before the registrar without having to seek relief from the Federal Court.
The main point is that there will be significant changes to contentious trademark proceedings in Canada starting 1 April 2025. Most notably, parties that engage in undesirable conduct in adversarial proceedings could face significant costs awards at the TMOB (potentially over CAD 10,000 in some cases). Furthermore, confidentiality orders will give companies the chance to be more persuasive in opposition and cancellation proceedings by allowing them to file sensitive evidence without having it publicly disclosed.
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