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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 trademark 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 Trademarks Office Practice Rules and the relevant sections of the Trade-marks Act and Trade-marks Regulations, with particular focus on statutory use requirements
  • 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

  • Trademark agent trainees (1 year minimum experience)
  • Trademark agents, in house counsel and lawyers looking to update their skills
  • Trademark portfolio managers who wish to increase their knowledge

Format

This course is a self-paced educational program offering study materials, relevant case law, self-assessment quizzes (Q&A), as well as substantive assignments accompanied by model answers. Students will have access to a trademark agent who will answer questions and provide guidance in “Ask the Expert” format.

Tuition

IPIC Member: $599 + applicable taxes

Non-Member: $899 + applicable taxes

Financial aid may be available for students whose tuition fees are not paid by an employer. Applicants will be considered on the basis of their annual income. Please contact the IPIC office at admin@ipic.ca or 613-234-0516.

Cancellation policy

A refund will be granted up to one week after beginning the course, less a $50 cancellation fee. Substitutions will be considered.

Inquiries

admin@ipic.ca
613.234.0516