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Trade-mark applications in Canada, once accepted by the relevant trade-mark office, are open to opposition by third parties. In Canada, any person is entitled to start an opposition to a trade-mark, provided that such person relies on at least one of the grounds of opposition set out in Section 38 of the Trade-marks Act
Unlike in other jurisdictions, an opponent in a Canadian opposition may rely upon both technical and substantive grounds. As a result, mistakes made during filing frequently form the basis of oppositions.
There are four possible grounds of opposition in Canada:
non-compliance with Section 30 of the Trade-Mark Act (pertaining to technical deficiencies in the application); non-registrability of the trade-mark as set out in Section 12(1) of the Trade-Mark Act, including name or surname, descriptiveness, confusion with a registered trade mark, or marks that are contrary to Sections 9 or 10 of the Trade-Mark Act; non-entitlement, referring to prior use or making known of a confusingly similar trade-mark or trade name, or to a confusing trade mark in a previously filed trade mark application; and non-distinctiveness as it may be confusing with a previously used trade-mark or trade name or a registered trade mark or it may be clearly descriptive or generic, and therefore not a trade mark or it may be a term that has developed a trade meaning.At Sodagar & Company, we recognize how invaluable your trade-mark can be, therefore we will prosecute or defend your trade-marks at opposition proceedings. Please contact us to see how we can assist you with your trade-mark needs.
