Comments on: Section 45 Proceeding Practices to Change Again? http://www.trademarkblog.ca/section-45-proceedings-to-change-again/ Commentary on Canadian Trademarks & Technology Law Tue, 16 Mar 2010 14:51:26 -0700 hourly 1 http://wordpress.org/?v=3.0.1 By: Jeffrey Vicq http://www.trademarkblog.ca/section-45-proceedings-to-change-again/comment-page-1/#comment-131363 Jeffrey Vicq Tue, 17 Mar 2009 17:04:34 +0000 http://www.trademarkblog.ca/section-45-proceedings-to-change-again/#comment-131363 I saw that - I've always wondered if cancellation of the proceedings on consent was arguably outside of the scope of the authority provided the Registrar under s. 45; perhaps the Office has come to the same conclusion. We'll have to wait and see what they do with the final version of the new Notice. Thanks for reading, Megan. All the best. I saw that – I’ve always wondered if cancellation of the proceedings on consent was arguably outside of the scope of the authority provided the Registrar under s. 45; perhaps the Office has come to the same conclusion. We’ll have to wait and see what they do with the final version of the new Notice.

Thanks for reading, Megan. All the best.

]]> By: Meg Langley Grainger http://www.trademarkblog.ca/section-45-proceedings-to-change-again/comment-page-1/#comment-131225 Meg Langley Grainger Tue, 17 Mar 2009 02:27:19 +0000 http://www.trademarkblog.ca/section-45-proceedings-to-change-again/#comment-131225 The deletion of the phrase "the Registrar may terminate the proceedings upon receipt of a request to cancel the Section 45 proceedings signed by or on behalf of both parties” in the new Practice Notice may require a change in strategy when counseling clients on the use of a Section 45 proceeding as leverage in an opposition proceeding. If parties can no longer settle and stop a Section 45 proceeding, they may be reluctant to request one in the first place. The deletion of the phrase “the Registrar may terminate the proceedings upon receipt of a request to cancel the Section 45 proceedings signed by or on behalf of both parties” in the new Practice Notice may require a change in strategy when counseling clients on the use of a Section 45 proceeding as leverage in an opposition proceeding.

If parties can no longer settle and stop a Section 45 proceeding, they may be reluctant to request one in the first place.

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