Last modified on 8 December 2011, at 23:32

Canadian Trade-mark Law/Expungement

"Expungement/non-use proceedings are considered to be a quick and expeditious method of clearing from the Register trade-marks that are no longer in use. Unlike applications by a registered owner to amend, expungement/non-use proceedings are requests made by any "person who pays the prescribed fee" that the Registrar give notice to the registered owner of the trade-mark to furnish evidence of use of the trade-mark in Canada in association with each of the wares/services set out in the registration. Failure of the registered owner to file sufficient evidence may result in either the partial or complete expungement of the registration from the Register.

Section 57 of the Trade-marks Act gives the Federal Court the exclusive jurisdiction to amend an entry in the Register when it "does not accurately express or define the existing rights of the person appearing to be the registered owner of the mark". Under s. 45 of the Trade-marks Act, the jurisdiction of the Registrar is limited to determining whether a registered owner's mark is being used in association with the wares or services in a general class." (Page 15-11 Odutola on Canadian Trade-mark Practice)