Trademark registered for at least three years and possibly unused: request a notice requiring evidence of use
Trademark registered for at least three years and possibly unused: request a notice requiring evidence of use
The proceeding concerns use, not ownership, confusion or general validity. The requesting party cannot file its own factual evidence.
Confirm the scope
Check the registration number, owner, goods and services, registration age and any recent proceeding preventing a new notice.
Prepare the information
Define the full or restricted request and confirm section 45, rather than court invalidity proceedings, is appropriate.
Complete the process
Submit the written or electronic request to the Registrar with the prescribed fee and unambiguously identify the registration.
Keep follow-up records
Follow the owner’s evidence, written submissions and optional hearing, then the decision to maintain, amend or expunge.
Section 45 proceeding — requesting party — CIPO