What is a trademark opposition proceeding? Trademark oppositions are administrative proceedings managed and heard by the Trademarks Opposition Board. The purpose is generally for an individual, company, or organization, to challenge a trademark application of another party to prevent it from becoming registered. This is done to protect their own trademark rights that could be affected negatively by confusion in the marketplace with the applied-for trademark. Many businesses use the opposition process to stop competitors from obtaining the rights granted by registration to the exclusive use of the applied-for mark throughout Canada. A trademark registration allows access to the Federal Courts for decisions that are enforceable Canada-wide, as opposed to a provincial passing-off action enforceable only in that province. A registration provides a defense to allegations of infringement and passing-off, it gives teeth to a cease and desist letter, and is required WWW.LAWYER-MONTHLY.COM 35 Trademark Opposition and Appeals in Canada Amy is a lawyer and trademark agent with a background in architecture. She prides herself in constructing legal cases with strong foundations, fully strategized plans, and details with flourish (firmitas, utilitas, and venustas). Amy has over 20 years of experience in the trademark field including: oppositions and appeals, expungements, infringement disputes, and filing and prosecuting trademark applications. She represents clients at the Trademarks Opposition Board, Federal Court and Federal Court of Appeal. She is a Partner at Macera & Jarzyna LLP (law firm) and Moffat & Co. Patent and Trademark Agents, sister intellectual property boutiques located in Ottawa, Canada. Moffat & Co was established in 1970, and Macera & Jarzyna LLP shortly thereafter. Services are offered in all aspects of intellectual property including trademarks, patents, designs, copyright and plant breeders’ rights. Contact Amy M. Thomas Barrister & Solicitor, Trade-mark Agent B.Arch. (architecture), LL.B. Partner MOFFAT & CO. / MACERA & JARZYNA LLP 715-11 Holland Ave., Ottawa, ON, K1Y 4S1 CANADA Tel: 613-232-7302 Email: amy.thomas@moffatco.com
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