Canada’s intellectual property authority has announced significant amendments to the Trademarks Act and Trademarks Regulations, set to take effect on April 1, 2025. The revisions aim to enhance the efficiency of opposition and expungement proceedings while expanding the procedural powers of the Trademarks Opposition Board (TMOB). Key updates include:
1. Restricted New Evidence in Federal Court Appeals
Parties appealing TMOB decisions to the Federal Court will no longer automatically retain the right to submit new evidence and must now seek prior court approval. This change underscores the need for comprehensive evidence preparation during initial proceedings to minimize redundant reviews at the appellate stage.
2. TMOB's Expanded Procedural Authority
The TMOB now gains three critical tools to manage cases:
- Case Management Powers: The Board may proactively adjust deadlines, consolidate related cases, and address procedural delays based on factors such as case complexity, evidence volume, and risks of prolonged disputes (see Practice Notice on Case Management).
- Cost Awards: The TMOB may order a party to bear costs—regardless of the outcome—in exceptional circumstances, such as bad-faith trademark applications, abuse of divisional applications, last-minute hearing cancellations (with less than 14 days' notice), or unreasonable conduct causing delays/expenses (details in Practice Notice on Cost Awards).
- Confidentiality Orders: The Board may grant confidentiality upon request if privacy interests outweigh public transparency, though such orders must be sought before evidence submission and will remain rare (refer to Practice Notice on Confidentiality Orders).
Policy Objectives
The reforms aim to expedite dispute resolution, curb procedural abuse, and reduce judicial costs by limiting redundant evidence submissions and empowering the TMOB with flexible oversight.
Information sources: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/amendments-trademarks-regulations-published-canada-gazette-part-ii
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