Do you have a trademark registered and still valid in Canada?
Canadian law provides that a registered trademark is liable to be cancelled if it has not been used for a period of three years. Starting from January 2025, the Canadian Trademark Office (CIPO) has launched a pilot project in relation to trademarks already subject to use requirements. According to the Office, the purpose of the project is to ensure that the Canadian Trademark Register reflects the situation of trademarks actually in use.
As part of this project, CIPO will initiate an ex officio cancellation procedure by asking holders of trademarks registered for more than three years, selected at random, to provide evidence of the use of their trademark in relation to each of the goods and/or services claimed.
A period of three months will be granted for the filing of evidence. This period may be extended by two months.
In the absence of use or justifiable reasons for non-use, the selected registrations will be cancelled, in whole or in part.
The request for evidence by the Canadian Office will be notified to both the trademark owner and the local agent.
Should you receive the aforementioned request from the Canadian Trademark Office, your Jacobacci & Partners professional can assist you in examining the request, assessing the suitability of the use documents available to you, and preparing a response.
If your Canadian registered trademarks have not been used in the last three years, you may consider filing a new trademark application in Canada.
Please do not hesitate to contact us for any clarification and further information.
