This Section 45 Module will provide you with an overview of the legal principles surrounding Section 45 proceedings, as well as the practical skills required to successfully defeat or defend a Canadian trade-mark registration in summary cancellation proceedings.

Learning objectives :

  • Advise your client on why and when to consider Section 45 proceedings and when to consider settlement
  • Apply the Trade-marks Office Practice Rules and the relevant sections of the Trade-marks Act and Trade-marks Regulations, with particular focus on statutory use requirements
  • Learn about changes in Practice brought about by the Notics in Section 45 Proceedings issued by CIPO on September 14, 2009
  • Understand the various stages of a Section 45 proceeding
  • Prepare documents relevant to a Section 45 proceeding including registrant’s evidence, a requesting party’s and registrant’s written submissions, and oral arguments
  • Determine the threshold that must be met to excuse non-use for reasons of special circumstances
  • Apply relevant case law

Who should participate

Trade-mark agent trainees (1 year minimum experience), trade-mark agents (beginner to mid-level experience), in-house counsel, paralegals, trade-mark portfolio managers.

Online training

This online course includes: reading material, practical exercises (Q&A), caselaw, assignments and past trade-mark agent exams. Assignments will be reviewed by an instructor. Students and instructors will participate in a web-based discussion forum.

How to Register

Online

Fax: please fax the completed registraton form to 613.234.0671.
Mail: please mail the completed registration form with payment to:

Intellectual Property Institute of Canada
60 Queen Street, Suite 606, Ottawa, Ontario K1P 5Y7

Registration deadline: September 24, 2010

Cancellation policy

A refund will be granted up to and including September 24, 2010, less a $50 cancellation fee. Substitutions will be considered.

Inquiries

education@ipic.ca
613.234.0516