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Canada's Trade-Marks Opposition Board Announces New Consultation

by Mike Godfrey, for LawAndTax-News.com, Washington

28 August 2008

Canada's Intellectual Property Office (CIPO) on Thursday announced that an official consultation on a new Trade-marks Opposition Board (TMOB) practice notice will be held from September 8, 2008 to October 24, 2008.

The proposed amendments to the practice notice will introduce a new practice with respect to the scheduling of hearings, simplify and clarify the granting of extensions of time, and introduce a cooling-off period for parties to pursue settlement negotiations.

The proposed cooling-off period will be for a period of 9 months initially, with an option of extending it to 18 months before the filing of the applicant's counter statement.

The Trade-marks Opposition Board (TMOB) is an administrative tribunal that acts on behalf of the Registrar of Trade-marks.

TMOB proceedings include:

  • Assessing the initial request to oppose or expunge;
  • Corresponding with both parties;
  • Ruling on various interlocutory (provisional) matters;
  • Scheduling and conducting oral hearings; and
  • Rendering decisions.

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