Trademark oppositions are important in Canada. Indeed, the issuance of a registration provides a right to use the mark in Canada and, in most cases, acts as a shield against claims for monetary remedies until the registration is cancelled. Both applicants and opponents have an interest in gaining a good understanding of the process in order to maximize their chances of success. We have compiled a number of questions that are frequently asked about trademark oppositions in Canada and provide succinct answers.
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Frequently Asked Questions (FAQ)
- Are hearings held to adjudicate opposition proceedings?
- Are hearings in opposition proceedings held in person?
- How much time does it take to obtain a hearing date in an opposition proceeding?
- What is the duration of a hearing in an opposition proceeding?
- Are witnesses allowed to testify during the hearing in an opposition proceeding?
- In what language are opposition hearings conducted?
Q. Are hearings held to adjudicate opposition proceedings?
A. Hearings are optional. The Registrar will
only hold a hearing if one is requested. Either party may file a
request for a hearing. If the applicant has provided written
representations, hearings must be requested one month from the time
the applicant serves and files them. If the applicant has not, the
deadline is one month from the expiry of the applicant's
deadline to serve and file written representations.
Q. Are hearings in opposition proceedings held in person?
A. In-person hearings in opposition proceedings
are only granted on an exceptional basis. Generally speaking, the
Registrar prefers to hold hearings by videoconference. As a result,
videoconference is the default medium for hearings. However, either
party may request a hearing by telephone or in person.
Q. How much time does it take to obtain a hearing date in an opposition proceeding?
A. The time it takes to obtain a hearing date
will vary. It can take between one-and-a-half and two years. This
will depend on the amount of hearings scheduled on the docket. Once
the hearing date is scheduled, the Registrar will send a notice
with the date, place and time at least 90 days in advance of the
scheduled hearing date.
Q. What is the duration of a hearing in an opposition proceeding?
A. Hearings will generally take place over the
course of two and a half hours. However, the Registrar can schedule
or set aside more time depending on the case.
Q. Are witnesses allowed to testify during the hearing in an opposition proceeding?
A. No. The submission of evidence and
cross-examination of witnesses takes place prior to the hearing.
During the hearing, evidence is in the form of an affidavit or a
statutory declaration.
Q. In what language are opposition hearings conducted?
A. Hearings are held either in English or in French, or both. The Registrar will provide simultaneous interpretation if it has been requested at least one month prior to the scheduled hearing date. The parties are not charged for the simultaneous interpretation.
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