List of decisions of the Trademarks Opposition Board

This is a list of decisions of the Trademarks Opposition Board (TMOB). The Board is the final adjudicative body for the vast majority of trademark cases in Canada involving oppositions to trademark applications, cancellations (summary expungements) of trademark registrations, and objections to geographical indications.[1][2][3][4][5] The TMOB receives delegated authority from the Registrar of Trademarks to make these decisions under the Trademarks Act.[1][4]

Decisions by year and type

There are over 5,000 reported cases of the TMOB, with the earliest reported decision occurring in 1984.[6] Since then, the Board has decided up to 289 reported cases per year, with the average being around 140. Although decisions of the Board can be appealed to the Federal Court of Canada,[2][3] only about 250 cases have been appealed[7] (with around 50 being further appealed to the Federal Court of Appeal[8] and approximately five reaching the Supreme Court of Canada).[9] As a result, less than 5% of all cases have been appealed, leaving the Board as the final adjudicative body in more than 95% of all cases.

YearOppositions[lower-alpha 1]Cancellations
(Summary Expungements)
[lower-alpha 2]
Objections[lower-alpha 3]Total[lower-alpha 4]Ref.
20211[lower-alpha 5]5[lower-alpha 5]N/A[lower-alpha 5]6[lower-alpha 5][12][13][14]
20208165N/A146[15][16][17]
20198365N/A148[18][19][20]
20188182N/A163[21][22][23]
201761112N/A173[24][25][26]
201611580N/A195[27][28][29]
201514295N/A237[30][31][32]
2014163126N/A289[33][34][35]
201313593N/A228[36][37][38]
201216784N/A251[39][40][41]
201120261N/A263[42][43][44]
201014283N/A225[45][46][47]
200913989N/A228[48][49][50]
200812981N/A210[51][52][53]
200712878N/A206[54][55][56]
200699107N/A206[57][58][59]
2005108116N/A224[60][61][62]
200413751N/A188[63][64][65]
20034755N/A102[66][67][68]
20026440N/A104[69][70][71]
20017970N/A149[72][73][74]
20008811N/A99[75][76][77]
199910717N/A124[78][79][80]
199811611N/A127[81][82][83]
199713225N/A157[84][85][86]
199613523N/A158[87][88][89]
199510218N/A120[90][91][92]
199411317N/A130[93][94][95]
1993855N/A90[96][97][98]
1992728N/A80[99][100][101]
1991914N/A95[102][103][104]
1990563N/A59[105][106][107]
198920N/A2[108]
1988N/A3N/A3[109]
1987N/A3N/A3[110]
1986N/A0N/A0[111]
1985N/A4N/A4[112]
1984N/A1N/A1[113]

Notes

  1. Number of reported cases involving opposition proceedings per year. The earliest reported opposition proceeding occurred in 1989.[10]
  2. Number of reported cases involving cancellation (summary expungement) proceedings per year.
  3. In the future, this column will show the number of reported cases involving objection proceedings per year. This is a new process that was introduced on June 17, 2019 and, as of January 15, 2021, no decisions have been made yet by the TMOB.[11]
  4. Total number of reported cases per year.
  5. As of January 15, 2021

References

  1. "Trademarks Opposition Board". Government of Canada. 2019-08-30.
  2. "IP roadmap—Your path to trademark registration". Government of Canada. 2020-07-10.
  3. "Trademarks guide". Government of Canada. 2019-06-14.
  4. "Member of the Trademarks Opposition Board". Government of Canada. 2020-07-07.
  5. "Practice in Objection Proceedings under Section 11.13 of the Trademarks Act". Government of Canada. 2019-06-19.
  6. "Canada (Federal) - Trade-marks Opposition Board—Sort by Date: oldest". CanLII. 2020-07-28.
  7. ""Trade-marks Opposition Board" OR "Trademarks Opposition Board"; limited to: Federal Court". CanLII.
  8. ""Trademarks Opposition Board" OR "Trade-marks Opposition Board"; limited to: Federal Court of Appeal". CanLII.
  9. ""Trademarks Opposition Board" OR "Trade-marks Opposition Board"; limited to: Supreme Court of Canada". CanLII.
  10. "Opposition Proceedings; limited to: Trade-marks Opposition Board; sorted by oldest". CanLII.
  11. "Practice in Objection Proceedings under Section 11.13 of the Trademarks Act—Canadian Intellectual Property Office". Government of Canada. 2019-06-19.
  12. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2021-01-01 and 2021-12-31; sorted by newest". CanLII.
  13. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2021-01-01 and 2021-12-31; sorted by newest". CanLII.
  14. "Decisions issued in 2021". CanLII.
  15. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2020-01-01 and 2020-12-31; sorted by newest". CanLII.
  16. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2020-01-01 and 2020-12-31; sorted by newest". CanLII.
  17. "Decisions issued in 2020". CanLII.
  18. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2019-01-01 and 2019-12-31; sorted by newest". CanLII.
  19. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2019-01-01 and 2019-12-31; sorted by newest". CanLII.
  20. "Decisions issued in 2019". CanLII.
  21. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2018-01-01 and 2018-12-31; sorted by newest". CanLII.
  22. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2018-01-01 and 2018-12-31; sorted by newest". CanLII.
  23. "Decisions issued in 2018". CanLII.
  24. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2017-01-01 and 2017-12-31". CanLII.
  25. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2017-01-01 and 2017-12-31". CanLII.
  26. "Decisions issued in 2017". CanLII.
  27. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2016-01-01 and 2016-12-31". CanLII.
  28. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2016-01-01 and 2016-12-31". CanLII.
  29. "Decisions issued in 2016". CanLII.
  30. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2015-01-01 and 2015-12-31". CanLII.
  31. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2015-01-01 and 2015-12-31". CanLII.
  32. "Decisions issued in 2015". CanLII.
  33. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2014-01-01 and 2014-12-31". CanLII.
  34. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2014-01-01 and 2014-12-31". CanLII.
  35. "Decisions issued in 2014". CanLII.
  36. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2013-01-01 and 2013-12-31". CanLII.
  37. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2013-01-01 and 2013-12-31". CanLII.
  38. "Decisions issued in 2013". CanLII.
  39. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2012-01-01 and 2012-12-31". CanLII.
  40. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2012-01-01 and 2012-12-31". CanLII.
  41. "Decisions issued in 2012". CanLII.
  42. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2011-01-01 and 2011-12-31". CanLII.
  43. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2011-01-01 and 2011-12-31". CanLII.
  44. "Decisions issued in 2011". CanLII.
  45. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2010-01-01 and 2010-12-31". CanLII.
  46. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2010-01-01 and 2010-12-31". CanLII.
  47. "Decisions issued in 2010". CanLII.
  48. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2009-01-01 and 2009-12-31". CanLII.
  49. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2009-01-01 and 2009-12-31". CanLII.
  50. "Decisions issued in 2009". CanLII.
  51. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2008-01-01 and 2008-12-31". CanLII.
  52. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2008-01-01 and 2008-12-31". CanLII.
  53. "Decisions issued in 2008". CanLII.
  54. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2007-01-01 and 2007-12-31". CanLII.
  55. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2007-01-01 and 2007-12-31". CanLII.
  56. "Decisions issued in 2007". CanLII.
  57. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2006-01-01 and 2006-12-31". CanLII.
  58. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2006-01-01 and 2006-12-31". CanLII.
  59. "Decisions issued in 2006". CanLII.
  60. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2005-01-01 and 2005-12-31". CanLII.
  61. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2005-01-01 and 2005-12-31". CanLII.
  62. "Decisions issued in 2005". CanLII.
  63. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2004-01-01 and 2004-12-31". CanLII.
  64. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2004-01-01 and 2004-12-31". CanLII.
  65. "Decisions issued in 2004". CanLII.
  66. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2003-01-01 and 2003-12-31". CanLII.
  67. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2003-01-01 and 2003-12-31". CanLII.
  68. "Decisions issued in 2003". CanLII.
  69. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2002-01-01 and 2002-12-31". CanLII.
  70. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2002-01-01 and 2002-12-31". CanLII.
  71. "Decisions issued in 2002". CanLII.
  72. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2001-01-01 and 2001-12-31". CanLII.
  73. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2001-01-01 and 2001-12-31". CanLII.
  74. "Decisions issued in 2001". CanLII.
  75. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 2000-01-01 and 2000-12-31". CanLII.
  76. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 2000-01-01 and 2000-12-31". CanLII.
  77. "Decisions issued in 2000". CanLII.
  78. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1999-01-01 and 1999-12-31". CanLII.
  79. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1999-01-01 and 1999-12-31". CanLII.
  80. "Decisions issued in 1999". CanLII.
  81. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1998-01-01 and 1998-12-31". CanLII.
  82. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1998-01-01 and 1998-12-31". CanLII.
  83. "Decisions issued in 1998". CanLII.
  84. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1997-01-01 and 1997-12-31". CanLII.
  85. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1997-01-01 and 1997-12-31". CanLII.
  86. "Decisions issued in 1997". CanLII.
  87. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1996-01-01 and 1996-12-31". CanLII.
  88. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1996-01-01 and 1996-12-31". CanLII.
  89. "Decisions issued in 1996". CanLII.
  90. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1995-01-01 and 1995-12-31". CanLII.
  91. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1995-01-01 and 1995-12-31". CanLII.
  92. "Decisions issued in 1995". CanLII.
  93. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1994-01-01 and 1994-12-31". CanLII.
  94. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1994-01-01 and 1994-12-31". CanLII.
  95. "Decisions issued in 1994". CanLII.
  96. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1993-01-01 and 1993-12-31". CanLII.
  97. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1993-01-01 and 1993-12-31". CanLII.
  98. "Decisions issued in 1993". CanLII.
  99. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1992-01-01 and 1992-12-31". CanLII.
  100. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1992-01-01 and 1992-12-31". CanLII.
  101. "Decisions issued in 1992". CanLII.
  102. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1991-01-01 and 1991-12-31". CanLII.
  103. ""Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1991-01-01 and 1991-12-31". CanLII.
  104. "Decisions issued in 1991". CanLII.
  105. "Opposition Proceedings; limited to: Trade-marks Opposition Board; between 1990-01-01 and 1990-12-31". CanLII.
  106. "Section 45 Proceedings; limited to: Trade-marks Opposition Board; between 1990-01-01 and 1990-12-31". CanLII.
  107. "Decisions issued in 1990". CanLII.
  108. "Decisions issued in 1989". CanLII.
  109. "Decisions issued in 1988". CanLII.
  110. "Decisions issued in 1987". CanLII.
  111. "1986-01-01 to 1986-12-31—Trademark Opposition Board Decisions". Decisia by Lexum and Government of Canada. 2020-07-29.
  112. "Decisions issued in 1985". CanLII.
  113. "Decisions issued in 1984". CanLII.
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