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February 14, 2025
Cleaning Out the Closet: The Trademarks Opposition Board is Reviewing the Register
Section 45 of the Trademarks Act has generally provided a way for trademark registration applicants and opponents to remove “deadwood”—unused and abandoned trademarks that were on the trademark register. This process was generally reserved for parties to begin and oversee. In December 2024, the Trademarks Opposition Board (TMOB) advised of a pilot project which would see TMOB initiate section 45 proceedings. The effect? TMOB can clear the register of deadwood without waiting for applicants or opponents to initiate the process. Michael Badejo, Lawyer at Fillmore Riley LLP, walks us through how these changes impact operating procedures, processes and directions for TMOB.