The Trade-marks Opposition Board (\u201cTMOB\u201d) is an administrative tribunal that hears oppositions to Canadian trade-mark applications.\u00a0 If you are opposing a trade-mark application in Canada, or if your Canadian trade-mark application is being opposed, here are some details on what to expect:<\/p>\n
1.\u00a0The Pleadings<\/strong> \u2013 Oppositions are typically initiated by a statement of opposition \u2013 a document filed on behalf of the opponent that sets out the particular grounds of opposition that are being relied on.\u00a0 A trade-mark agent or lawyer is typically needed to properly draft and file this document.\u00a0 Once the trade-mark applicant has received the statement of opposition, it\u2019s their turn to file a counter statement, which typically would deny the allegations contained in the statement of opposition.<\/p>\n 2.\u00a0The Evidence<\/strong> \u2013The parties then have an opportunity to file evidence with the Board.\u00a0 There are important rules and deadlines in terms of when parties file their evidence.\u00a0 Evidence is typically submitted by way of affidavit evidence, and each party is given an opportunity to cross-examine the individual affiants.\u00a0 Think Tom Cruise and Jack Nicholson in A Few Good Men.\u00a0 Okay, it\u2019s a trade-mark dispute so it may not be that <\/em>dramatic \u2013 but it\u2019s your opportunity to really question the other party\u2019s evidence.<\/p>\n 3.\u00a0The Written Submissions<\/strong> \u2013 Once the evidence has been filed and the cross-examinations have been completed, the parties now have an opportunity to file written submissions in support of their argument.\u00a0 The submissions will refer to the pleadings and the evidence in great detail, as each party tries to advocate for their position.<\/p>\n 4.\u00a0The Oral Hearing<\/strong> \u2013 Finally, each party has an opportunity to \u201cmake their case\u201d before the Trade-marks Opposition Board.\u00a0 Not only do you get to marvel at the retro architecture of the Place du Portage buildings in Gatineau, and wear stylish white \u201cVISITORS\u201d stickers, but this is where you can look the Board in the eye and make your most passionate argument.\u00a0 In some cases, it really helps to get in front of the Board and emphasize and expand on a few of your key points.\u00a0 In other cases, you may find yourself simply repeating arguments already sufficiently made in the written submissions \u2013 this should be avoided!<\/p>\n After the hearing, the Board will typically reserve its decision.\u00a0 A formal written decision is then issued by the Board some time after the hearing.\u00a0 The entire process can take anywhere from two to four years or longer.\u00a0 Keep in mind that stages 2, 3, and 4 are optional.\u00a0 You do not have to<\/em> file evidence or written submissions, or request an oral hearing.\u00a0 With that said, if you don\u2019t present anything <\/em>to the Board beyond your initial pleadings, it will generally be very difficult to establish your arguments.<\/p>\n Although the proceeding is designed to be user-friendly, there are many technical details and if you are initiating an opposition, or if your mark is being opposed, it is strongly recommended that you retain the services of a qualified trade-mark agent or lawyer.<\/p>\n
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