Could your Canadian trade mark be selected for CIPO’s latest pilot project?

Article  \  20 Jan 2025

The Canadian Intellectual Property Office (CIPO) has launched a pilot project aimed at decluttering the register of trade marks that are not in use.

Starting in January 2025, the CIPO will randomly select registered marks that have been registered for over three years and will proactively issue non-use cancellation proceedings against them. Trade mark owners will then need to defend their registrations by providing evidence of use of the mark in Canada or, if applicable, explaining why use has not yet commenced due to special circumstances. The registration will be cancelled if evidence of use or special circumstances are not provided.

The pilot project aims to determine how many registered marks are not being used. The CIPO believes that clearing the register of non-active marks will facilitate fairer opportunities for businesses seeking to register new trade marks while ensuring the integrity of the register is maintained. The roll out of this project is somewhat surprising, especially since the CIPO eliminated various use requirements in 2019, such as the necessity to state whether a mark was in use when filing an application.

The CIPO plans to send out one hundred non-use cancellation notices in January 2025, followed by an additional fifty in both February and March. It is currently unclear how long the pilot project will last, but the CIPO has indicated that they will organise a consultation process to assess its future once a statistically significant number of non-use cancellation proceedings have been completed.

Read more about the CIPO pilot programme here.

While the odds are low, if your Canadian registration is selected to be part of the pilot project, your AJ Park representative will be in contact with you.  In the meantime, if you have a Canadian registration, ensure you are in a position to file evidence of use if requested. If you are not currently using your mark, consider contacting your representative to discuss your options.

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