Each module is a self-paced educational program offering study materials, relevant case law, self-assessment quizzes (Q&A), as well as substantive assignments accompanied by model answers. Students will have access to a trademark agent who will answer questions and provide guidance in “Ask the Expert” format.
Course materials include changes to the Trademarks Act, the Trademarks Regulations, and new CIPO Practice Notices which came into force on June 17, 2019.
Who should participate
- Trademark agent trainees (1 year minimum experience)
- Trademark agents, in house counsel and lawyers looking to update their skills
- Trademark portfolio managers who wish to increase their knowledge
Section 45 module
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 trademark registration in summary cancellation proceedings.
- Advise your client on why and when to consider Section 45 proceedings and when to consider settlement
- Apply the Trademarks Office Practice Rules and the relevant sections of the Trademarks Act and Trademarks 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
This Opposition Proceedings Module will provide an overview of the legal principles surrounding opposition proceedings, as well as the practical skills required to prosecute or defend an opposition.
- Develop a plan of action for your client based on his/her needs including when and why opposition should be considered and when and why to consider settlement
- Identify and apply various grounds of opposition and obtain familiarity with the Trademark Office Practice Rules and the relevant sections of the Trademarks Act and Trademarks Regulations
- Develop an understanding of the various stages of an opposition
- Develop an understanding of relevant case law
- Obtain the knowledge and skills required to prepare documents relevant to an opposition proceeding including the statement of opposition, counterstatement and affidavits
- Develop and apply techniques required for the preparation of and attendance at cross examination and oral hearings including familiarity with relevant case law
Financial aid may be available for students whose tuition fees are not paid by an employer. Applicants will be considered on the basis of their annual income. Please contact the IPIC office at firstname.lastname@example.org or 613-234-0516.
A refund will be granted up to one week after beginning the course, less a $50 cancellation fee. Substitutions will be considered.