On November 21, 2022, the Canadian Intellectual Property Office (CIPO) announced the launch of a public consultation on upcoming amendments to the Trademarks Regulations and draft practices notices. The amendments and draft practice notices are designed to implement some of the remaining legislative changes that were made to the Trademarks Act pursuant to the Budget Implementation Act, 2018, (also known as Bill C-86), which received Royal Assent on December 13, 2018.
The consultation will focus on the following new authorities granted to the Registrar of Trademarks in opposition, section 45 (non-use cancellation) and objection proceedings:
- awarding costs;
- granting confidentiality orders; and
- practicing case management.
CIPO hopes that the introduction of these new measures will improve the management of complex cases, discourage undesirable behaviour, and increase the overall effectiveness of proceedings before the Trademarks Opposition Board.
The consultation is open through February 3, 2023 and the feedback received will help guide the final amendments to the Regulations and the draft practice notices. Following the consultation, stakeholder responses will be published online and used to streamline and clarify the proposed procedures prior to their publication in the Canada Gazette Part 1.
If you wish for guidance regarding the consultation, Marks & Clerk Canada would be happy to assist.
