Trademarks Opposition Board
The Trademarks Opposition Board (TMOB; French: Commission des oppositions des marques de commerce) is an administrative body within the Canadian Intellectual Property Office (CIPO) responsible for hearing and deciding certain kinds of cases involving trademarks.[1] These include opposition proceedings to stop a trademark from being registered and section 45 proceedings to expunge (cancel) a registered trademark on the basis that it is not being used.[5][6] The TMOB also deals with objection proceedings to prevent a geographical indication from receiving protection.[7][8]
Place du Portage Phase I building (left) where the Trademarks Opposition Board headquarters are located in Gatineau, Quebec | |
Agency overview | |
---|---|
Type | Administrative tribunal |
Jurisdiction | Government of Canada |
Headquarters | Gatineau, Quebec[1] 45.428499°N 75.712720°W |
Employees | 29[2] |
Minister responsible | |
Agency executives |
|
Parent department | Innovation, Science and Economic Development Canada |
Parent agency | Canadian Intellectual Property Office |
Website | Official website |
The TMOB is based in Gatineau, Quebec as part of the National Capital Region.[1] The current Chairperson of the Board is Martin Beliveau.[4]
In 2020, the TMOB heard, decided and provided written reasons for 146 cases.[9] Decisions of the Board can be appealed to the Federal Court of Canada.[5]
Structure
The TMOB is composed of a chairperson, members, hearing officers, and administrative support staff.[1][2] Members hear and decide opposition proceedings, section 45 proceedings, and objection proceedings;[7] meanwhile, hearing officers only make decisions in relation to section 45 proceedings.[10] Members and hearing officers receive delegated authority from the Registrar of Trademarks to make these decisions under the Trademarks Act and Trademarks Regulations.[1][7]
Members and hearing officers are part of the Public Service of Canada and they are appointed for an indeterminate term by the Public Service Commission of Canada.[7][10]
Composition
Current
Name | Role | Years Active[lower-alpha 1] | Jurisdiction[lower-alpha 2] | Decisions[lower-alpha 3] | Ref. |
---|---|---|---|---|---|
Andrew Bene | Member | 2011—present | 348 | [2][7][11] | |
Annie Robitaille | Member | 2007—present |
|
253 | [2][7][12] |
Cindy R. Folz | Member | 1996—present |
|
281 | [2][7][13] |
Gregory (G.M.) Melchin | Hearing Officer | 2019—present |
|
61 | [2][10][14] |
Iana Alexova | Member | 2020—present |
|
7 | [2][7][15] |
Jennifer Galeano | Member | 2017—present |
|
31 | [2][7][16] |
Kathryn Barnett | Member | 2008—present |
|
213 | [2][7][17] |
Martin Beliveau | Chairperson | N/A | N/A | N/A | [2][4][18] |
Natalie de Paulsen | Member | 2011—present |
|
159 | [2][7][19] |
Oksana Osadchuk | Member | 2017—present |
|
54 | [2][7][20] |
Timothy Stevenson | Member | 2019—present |
|
18 | [2][7][21] |
Previous
Name | Role | Years Active[lower-alpha 1] | Decisions[lower-alpha 3] | Ref. |
---|---|---|---|---|
Alan M. Troicuk | Member or Hearing Officer | 1984 | 1 | [22] |
Andrea P. Flewelling | Member | 2010—2016 | 138 | [23] |
Crystal Laine | Hearing Officer | 2008—2009 | 9 | [24] |
Cynthia J. Campbell | Hearing Officer | 1997 | 12 | [25] |
Céline Tremblay | Member | 2005—2018 | 200 | [26] |
Darlene H. Carreau | Chairperson | 2009—2015 | 29 | [27] |
David J. Martin | Member | 1990—2010 | 533 | [28] |
Denise Savard | (Senior) Hearing Officer and Member | 1987—2007 | 483 | [29] |
Gary W. Partington | Chairperson and Hearing Officer | 1985—2002 | 487 | [30] |
Jean Carrière | Hearing Officer and Member | 2003—2020 | 541 | [31] |
Jean-Pierre D'Aoust | Senior Hearing Officer | 1985—1991 | 9 | [32] |
Jennifer McKay | Hearing Officer | 2004 | 2 | [33] |
Jill W. Bradbury | Hearing Officer and Member | 1998—2013 | 511 | [34] |
Lisa A. Power | Acting Director | 2007 | 3 | [35] |
Lisa Reynolds | Member | 2013—2018 | 76 | [36] |
Lynne Pelletier | Member | 2008—2010 | 24 | [37] |
Myer Herzig | Member | 1991—2018 | 383 | [38] |
P. Heidi Sprung | Member | 2006—2012 | 175 | [39] |
Peter C. Cooke | Member | 1997—1998 | 20 | [40] |
Pik-Ki Fung | Hearing Officer and Member | 2009—2020 | 83 | [41] |
Ronnie Shore | Hearing Officer | 2010 | 11 | [42] |
Sharon E. Groom | Hearing Officer | 1997 | 6 | [43] |
Decisions
Since 1984, the TMOB has decided more than 5,000 reported cases in total.[44] Although the number of reported cases varies from year to year, the Board decides an average of 140 cases annually. The Board makes the final decision in over 95% of trademark cases involving opposition proceedings, section 45 proceedings, and objection proceedings, with only approximately 250 cases being appealed to the Federal Court of Canada.[45]
See also
- Trademark Trial and Appeal Board, the equivalent body in the United States
- Patent Appeal Board, the equivalent body for patents in Canada
Notes
- Years that the member or hearing officer actively made decisions and provided written reasons for reported cases.
- Types of cases that the member or hearing officer has the authority to decide.
- Number of reported cases that the member or hearing officer decided during their tenure at the TMOB.
References
- "Trademarks Opposition Board". Government of Canada. 2019-08-30.
- "Browse Organization". Government of Canada. 2020-10-10.
- "Konstantinos Georgaras, interim Chief Executive Officer". Government of Canada. 2020-09-11.
- "Organizational structure - Canadian Intellectual Property Office". Government of Canada. 2020-01-06.
- "IP roadmap—Your path to trademark registration". Government of Canada. 2020-07-10.
- "Trademarks guide". Government of Canada. 2019-06-14.
- "Member of the Trademarks Opposition Board". Government of Canada. 2020-07-07.
- "Practice in Objection Proceedings under Section 11.13 of the Trademarks Act". Government of Canada. 2019-06-19.
- "Trade-marks Opposition Board—Decisions issued in 2020". CanLII.
- "Hearing Officer". Government of Canada. 2020-07-07.
- "Trademarks Opposition Board Decisions—Andrew Bene". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Annie Robitaille". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Cindy R. Folz". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Gregory Melchin". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Iana Alexova". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Jennifer Galeano". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Kathryn Barnett". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Martin Beliveau". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Natalie de Paulsen". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Oksana Osadchuk". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Timothy Stevenson". Decisia by Lexum and Government of Canada. 2021-02-01.
- "Trademarks Opposition Board Decisions—Alan M. Troicuk". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Andrea P. Flewelling". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Crystal Laine". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Cynthia J. Campbell". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Céline Tremblay". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Darlene H. Carreau". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—David J. Martin". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Denise Savard". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Gary W. Partington". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Jean Carrière". Decisia by Lexum and Government of Canada. 2020-08-10.
- "Trademarks Opposition Board Decisions—Jean-Pierre D'Aoust". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Jennifer McKay". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Jill W. Bradbury". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Lisa A. Power". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Lisa Reynolds". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Lynne Pelletier". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Myer Herzig". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—P. Heidi Sprung". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Peter C. Cooke". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Pik-Ki Fung". Decisia by Lexum and Government of Canada. 2020-08-10.
- "Trademarks Opposition Board Decisions—Ronnie Shore". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Trademarks Opposition Board Decisions—Sharon E. Groom". Decisia by Lexum and Government of Canada. 2020-07-29.
- "Canada (Federal) - Trade-marks Opposition Board—Sort by Date: oldest". CanLII. 2020-07-28.
- ""Trade-marks Opposition Board" OR "Trademarks Opposition Board"; limited to: Federal Court". CanLII.