This Section 45 Module will provide you with an overview
of the legal principles surrounding Section 45 proceedings,
as well as the practical skills required to successfully
defeat or defend a Canadian trade-mark registration in summary
cancellation proceedings.
Learning
objectives :
- Advise your client on why and when to consider Section
45 proceedings and when to consider settlement
- Apply the Trade-marks Office Practice Rules and the
relevant sections of the Trade-marks Act and
Trade-marks Regulations, with particular focus
on statutory use requirements
- Understand the various stages of a Section 45 proceeding
- Prepare documents relevant to a Section 45 proceeding
including registrant’s evidence, a requesting party’s
and registrant’s written submissions, and oral arguments
- Determine the threshold that must be met to excuse
non-use for reasons of special circumstances
- Apply relevant case law
Who
should participate
- Trade-mark agent trainees (1 year minimum experience)
- Trade-mark agents, in house counsel and lawyers looking
to update their skills
- Trade-mark portfolio managers who wish to increase
their knowledge
On-line
training
This on-line course consists of
a series of exercises undertaken individually over a period
of 12 weeks. Assignments are reviewed by an instructor.
Students participate in a web-based discussion forum.
How
to Register
Fax: please fax the completed registraton
form to 613.234.0671.
Mail: please mail the completed registration
form with payment to:
Intellectual Property Institute of Canada
60 Queen Street, Suite 606, Ottawa, Ontario K1P 5Y7
Registration deadline: September 19, 2008
Cancellation
policy
A refund will be granted up to
and including September 19, 2009, less a $50 cancellation fee.
Substitutions will be considered.
Inquiries
education@ipic.ca
613.234.0516
