Trademark Opposition Proceedings

Summary

This practice note explains trademark opposition proceedings in Canada. In particular, it provides an introduction to trademark opposition in Canada, the requirements for preparing a statement of opposition and the applicable timing considerations for commencement. 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, and the types of information that should be included for the opponent and the applicant. Finally, it sets out the key considerations respecting oral hearings, cross-examination of affiants, and the procedure for appeal.