Trademarks Opposition Board Practice Notices and Hearing Updates
Summary
The Canadian Intellectual Property Office (CIPO) Trademarks Opposition Board has updated its practice notices regarding trademark opposition proceedings, expungement procedures, and the interpretation of relevant legislation. Recent updates include guidance on the use of AI in proceedings, case management, confidentiality orders, and costs awards.
What changed
The Canadian Intellectual Property Office (CIPO) Trademarks Opposition Board has published a collection of practice notices that provide guidance on various aspects of trademark opposition and expungement proceedings. These notices, while not legally binding, offer insight into current practices and interpretations of the Trademarks Act. Recent updates address the use of Artificial Intelligence in proceedings, case management, confidentiality orders, and costs awards, reflecting evolving procedural landscapes.
Regulated parties, particularly legal professionals involved in trademark disputes, should review these notices to understand current procedural expectations and best practices. While the notices are general guidelines, adherence can help ensure smoother proceedings before the Board. The CIPO emphasizes that in cases of conflict, applicable legislation supersedes these practice notices. No specific compliance deadlines are imposed by these notices, as they are advisory in nature.
What to do next
- Review updated practice notices on the CIPO website
- Incorporate guidance on AI, case management, and costs into trademark opposition strategies
Source document (simplified)
Trademarks Opposition Board practice notices
These practice notices are intended to provide guidance on the Canadian Intellectual Property Office current practices with respect to trademark opposition proceedings, on the expungement procedure under section 45 of the Trademarks Act and the interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed. The provisions of this practice notice are general guidelines only, are not binding in any particular case and are subject to change.
| Date | Notice |
| --- | --- |
|
2025-06-04
| Use of AI in proceedings before the Trademarks Opposition Board |
|
2025-04-01
| Practice notice on case management |
|
2025-04-01
| Practice notice on confidentiality orders |
|
2025-04-01
| Practice notice on costs awards |
|
2025-01-20
| Practice notice concerning the pilot project on the Registrar-initiated section 45 expungement proceeding |
|
2024-12-12
| Practice in section 45 proceedings |
| 2023-12-01 | Practice in trademarks opposition proceedings |
|
2022-12-08
| Appeals of the Registrar's Decisions: Service and Filing of Court Documents, Stays and Judgments |
|
2022-01-20
| Opposition to Protocol applications and section 45 cancellation proceedings against Protocol registrations |
|
2021-07-02
| Electronic evidence in opposition and section 45 proceedings |
| 2021-04-01 | Remission of a portion of a fee in accordance with section 7 of the Service Fees Act |
|
2019-06-17
| Practice in objection proceedings under section 11.13 of the Trademarks Act |
|
2019-06-17
| Divisional applications in opposition |
|
2019-06-17
| Practice notice on amendment and deletion of use, proposed use, and use and registration abroad claims |
|
2017-05-10
| Correspondence Procedures |
|
2017-03-01
| Email communications of hearing correspondence |
|
2009-05-20
| Publishing of Practice Notices |
|
2009-04-20
| Fee Payment Practice of the Canadian Intellectual Property Office |
|
2009-04-20
| Fee Payment: General Authorization to Charge a Deficiency |
Related information
Date modified:
2026-01-28
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