It has never been more important to police your trademarks and ensure you are not only using them in commerce but using them “as registered”, while being able to provide evidence of such use.
Starting in January 2025, the Trademarks Opposition Board launched a plan whereby the Registrar of Trademarks can commence cancellation proceedings against randomly designated trademark registrations. The goal being that only trademarks on the register that are being actively used by their owners will be able to maintain their registrations.
Thus, we are urging our clients, and all trademark owners, to review their trademark portfolios and ensure that they can provide evidence of use, if called upon to do so. Trademark owners may have older marks that they don’t use much but are essential to their brand.
This “use it or lose it” approach is one of the founding principles of Trademark Law and helps to avoid “squatters” on the trademark’s register. It is unfair to allow certain trademark owners to monopolize marks that are not in use.
If you require assistance to defend the ongoing registration on your trademark, please do not hesitate to contact us.
For more information on trademark registration and to discuss your specific circumstances, please contact Vanessa DeDominicis on 250-869-1140 or [email protected]. Vanessa practices in the area of Real Estate, Wills/Estates and Intellectual Property at Pushor Mitchell LLP in Kelowna and would be more than happy to assist you.
