Buy our Trademark Cancellation service to anonymously file a section 45 request against a Canadian registered trademark. If the registered trademark holder fails to respond within the 90-day period specified by the Registrar of Trademarks, the trademark will be canceled by default.
If the registrant files evidence of use of its trademark within the 3-year-period before the Registrar of Trademarks issues its notice, we will send you a copy of the evidence.
Read more about Cancelling a Trademark in Canada in our blog.
If you wish to challenge the evidence of use, you may buy our Written Submissions response package.
There are many reasons to request a trademark cancellation:
- The trademark holder is opposing one of your trademark applications.
- An examiner cited the registered trademark as confusing with your trademark application.
- You are about to apply to register the same trademark for the same goods and services and you don’t think that it is in use.
You don’t need to state any reason to petition for trademark cancellation and you don’t even have to have standing in Canada. No affidavits need to be submitted and there are no costs consequences in a section 45 proceeding before the Trademark Opposition Board.
If either party appeals the Trademark Opposition Board’s decision to the Federal Court of Canada, there may be cost consequences if you oppose the appeal and you lose.
Some trademark registrants may commit fraud in the Section 45 process and submit fake invoices to prove their use during the relevant 3-year period. If you appeal, you may cross-examine the registrant’s officer on the evidence that they submitted. Most lawyers in Canada are reluctant to participate in any fraud. They will advise their client default to prevent any cross-examination.