Approval and Publication
Once the Trademarks Office is satisfied with the application a Notice of Approval will be issued for its publication in the Trademarks Journal. After the application is published, any party has two months to file an Opposition.
Oppositions
The opposition process begins with a Statement of Opposition, clearly stating the grounds upon which the Opponent intends to rely. The Applicant then files a Counterstatement, essentially denying the Opponent’s claims. The Opponent must then submit its evidence, which is done by a sworn affidavit. The Applicant has an opportunity to cross exam on this affidavit. The Applicant then files its evidence, also by affidavit. This is also subject to cross examation. Finally, the Opponent can also file evidence in Reply.
The matter is then set down for a hearing before the Trademarks Opposition Board, after which a decision is rendered. Appeals are available to the Federal Court of Canada.
An Opposition proceeding can be expensive and long, sometimes taking 3 to 5 years until decision. It should be noted that in the Opposition proceedings the onus is on the Applicant to prove that its application is not confusing, should confusion be raised as a ground.
Notice of Allowance
Once the publication period has passed without Opposition, the Trademarks Office will issue a Notice of Allowance, permitting registration of the trademark provided any outstanding requirements are met. This includes a final payment to the Trademarks Office, which is currently $200 CND.