Section 45 Proceedings

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Standing in a section 45 proceeding

Any person is entitled to request that a notice be issued under s. 45.

It is highly recommended that a requesting party hire a registered trade-mark agent to represent it. Choose someone with proven expertise in this field. A list of trade-mark agents is available online, and by contacting the Client Service Centre.

Starting a section 45 proceeding

A section 45 proceeding is commenced by sending a letter to the Registrar, asking that a notice be issued under s. 45 to the owner of a specific trade-mark registration (the number of the registration must be provided), together with the prescribed fee. (See fees and the Practice Notice entitled Fee Payment Practice of the Canadian Intellectual Property Office.)

A section 45 proceeding typically cannot be commenced until after the trade-mark registration has been on the Register for three years. (See Trade-mark on the Register Less than Three Years in Practice in Section 45 Proceedings.)

In addition, the Registrar may decline to issue a Section 45 Notice in certain circumstances. (See Good Reasons Not to Issue the Notice in Practice in Section 45 Proceedings.)

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