Oppositions to pending applications are a fundamental part of the trademark registration process in Canada. Opposition proceedings are highly technical, adversarial, and involve complex issues of fact and law. The proceedings can take a long time, and involve numerous different steps.
In particular, if you want to win a trademark opposition proceeding in Canada you must pay close attention to the highly specialized rules of evidence that apply. If your evidence is not in the proper form, it is very easy to lose. Conversely, experienced counsel can often defeat less experienced opponents in trademark oppositions simply through proper use of the rules.
Trademark oppositions are not for amateurs or dabblers. We strongly recommend against the “DIY” (do-it-yourself) approach to oppositions. If your trademark rights matter to you, then you must retain experienced, zealous counsel to represent you. Contact us for a free consultation.
We anticipate that there will be many more ‘oppositions’ in Canada, now that Canada has joined the Madrid Protocol. However, we also expect that with strategic advice, many of these oppositions will be resolved at modest cost. Please consult us to discuss your specific situation.