This practice notice is intended to provide guidance on the Canadian Intellectual Property Office (CIPO) practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed. The provisions of this practice notice are general guidelines only; they are not binding in any particular case and are subject to change.
Since March 1, 2017, the Trademarks Opposition Board provides parties scheduled for an upcoming hearing in an opposition or a section 45 proceeding with an email address to ensure the timely communication of incoming hearing correspondence.
The Trademarks Opposition Board asks the parties to forward, as a courtesy, copies of all subsequent correspondence sent to the Registrar of Trade-marks to the email address provided in the hearing confirmation notice. This will ensure the timely communication of incoming hearing correspondence. The Board also asks the parties to copy the other party in this email. Acceptable file formats for documents submitted are PDF, MS Word, or compatible format.
This practice is intended to expedite the communication of hearing correspondence with the Trademarks Opposition Board. It does not provide for an additional method of correspondence with the Registrar of Trade-marks, see practice notice entitled "Correspondence Procedures". All correspondence must continue to be sent to the Registrar of Trade-marks in accordance with sections 3 through 7 of the Trade-marks Regulations and the practice notice entitled "Practice in Trademark Opposition Proceedings". A list of case law will still be required to be sent five business days before the hearing, as per the "Practice in Trademark Opposition Proceedings".
Email communications received by the Trademarks Opposition Board will not be made of record in an opposition or a section 45 proceeding, as email is not an acceptable method of correspondence with the Registrar of Trade-marks. Only correspondence sent to the Registrar of Trade-marks in accordance with the correspondence rules will be made of record once they are received.
The Trademarks Opposition Board will monitor the receipt of email communications from parties scheduled for an upcoming hearing in an opposition or a section 45 proceeding during ordinary business hours. Please note that the Trademarks Opposition Board will generally not correspond by email.