Trademark Opposition Proceedings (Canada)

Summary

This practice note explains trademark opposition proceedings in Canada. In particular, this note provides an introduction to trademark opposition in Canada, the requirements for preparing a statement of opposition and the applicable timing considerations for commencement and the process and timing in requesting an interlocutory ruling. As well, it discusses who can launch a trademark opposition, the requirements for preparing a counter statement, the considerations and requirements for preparing affidavit evidence. Finally, it sets out the key considerations respecting oral hearings, cross-examination of affiants, and the procedure for appeal.