28 January 2025
The Canadian Intellectual Property Office (CIPO) has introduced a proactive pilot project designed to streamline its trade mark register by identifying and removing inactive trade marks. Launching in January 2025, this initiative aims to foster fairer opportunities for businesses seeking new trade marks while maintaining the register's integrity.
How the Pilot Works
- Random Selection: The CIPO will randomly select trade marks that have been registered for more than three years.
- Non-Use Cancellation Notices: Owners of these trade marks will receive cancellation notices, requiring them to:
- Prove Use: Provide evidence of the mark’s use in Canada.
- Explain Special Circumstances: Justify why the mark hasn’t been used if applicable.
- Outcome: If no evidence or valid explanation is provided, the trade mark registration will be cancelled.
Goals of the Project
The primary objective is to address the accumulation of trade marks no longer in active use. By clearing out unused marks, the CIPO hopes to:
- Create a more accessible system for new trade mark registrations.
- Ensure a register that accurately reflects the trade marks currently in commerce.
Key Details of the Pilot
- Timeline: Starting January 2025, 100 cancellation notices will be sent in the first month, followed by 50 notices each in February and March.
- Review Period: The project will be reviewed after a statistically significant number of cases have been processed. A consultation will then determine the project’s future.
Why Now?
This move follows CIPO’s 2019 elimination of certain use requirements, such as the need to declare a trade mark’s usage at the time of application. While the timing may be unexpected, the project signals a renewed focus on ensuring the register remains fair and efficient.
How to Prepare
If you own a Canadian trade mark:
- Gather Evidence of Use: Ensure you can quickly provide proof of your trade mark’s use in Canada if selected.
- Evaluate Inactive Marks: If your trade mark isn’t currently in use, consider discussing your options with an IP expert.
Take Action with IP Solved
At IP Solved, we can help you navigate this new landscape with ease. Whether you need assistance gathering evidence, responding to a non-use cancellation notice, or strategising for the future of your trade marks, our team is here to help. Contact us today to safeguard your trade marks and ensure you’re ready for any changes on the horizon.
