Important Update for Trademark Owners: CIPO's New Pilot Project on Trademark Use

In January 2025, the Canadian Intellectual Property Office (CIPO) launched a pilot project to ensure that the Register of Trademarks accurately reflects active trademarks in use. As part of this initiative, CIPO is issuing Section 45 notices to randomly selected trademark owners whose registrations have been active for over three years. These notices require owners to provide evidence of their trademark’s use in Canada within the last three years or to justify non-use due to exceptional circumstances. Failure to respond adequately may result in the cancellation of the trademark registration.

Key Points:

• Purpose of the Pilot Project:
  – To remove trademarks that are no longer in use, ensuring the Register is current and efficient for businesses seeking new trademark registrations.
  – To promote fair competition by eliminating unused trademarks that could hinder new brand development.
  – To maintain the integrity of the trademark system by accurately reflecting active trademarks and their associated goods and services.
• Process:
  – CIPO began issuing Section 45 notices in January 2025, starting with 100 notices, followed by 50 in February and 50 in March.
  – Selected trademark owners have three months to submit evidence of their trademark’s use in Canada or to explain non-use due to exceptional circumstances.
  – If satisfactory evidence is provided, the registration remains intact; otherwise, the trademark may be canceled.

Recommendations for Trademark Owners:

1. Maintain Accurate Contact Information:
   – Ensure that your current email and contact details are updated with us.
2. Keep Detailed Records of Trademark Use:
   – Regularly document how your trademark is used in Canada, including sales records, marketing materials, and distribution information.
3. Recommendations for Trademark Owners:
   – If you receive a Section 45 notice, prepare and submit the necessary evidence within the three-month timeframe to maintain your registration.