Section 45 non-use proceedings have traditionally started one way in Canada: a third party, usually a competitor or an applicant blocked by a citation, requests a notice against a registration it wants cleared. CIPO's new pilot project changes that starting point, and every Canadian trademark owner should understand what it means for a registration that has not been reviewed by anyone in years.
A Random, Registrar-Initiated Sweep
Under the pilot, CIPO itself selects registrations at random and issues section 45 notices without a third-party request, aiming to keep the register accurate rather than waiting for market friction to surface a stale registration. The pilot opened with 100 notices in January 2025, followed by 50 more in each of February and March, a meaningful volume for CIPO's first sustained attempt at proactive enforcement of the register's use requirement.
The Same Deadline and Burden Apply
A Registrar-initiated notice carries the identical consequences as a third-party-requested one: the registered owner has three months, with one further extension available to a maximum of four additional months, to file evidence of use for each registered good and service over the preceding three years, or to establish special circumstances excusing non-use. Failing to respond, or responding with evidence that does not cover every registered good and service, exposes the uncovered portion, or the whole registration, to expungement.
Why a Random Selection Changes the Calculus
Because a competitor's decision to request a notice usually signals some commercial friction, a registered owner facing a third-party-initiated proceeding often has some advance sense that scrutiny is coming. A random Registrar-initiated notice offers no such warning; a registration that has quietly drifted out of active use, perhaps covering a discontinued product line or an old corporate name, can be tested at any time, with no market signal beforehand.
What CIPO Does With the Results
CIPO has indicated it will review outcomes from a statistically meaningful number of these proceedings before deciding whether, and how, to expand or continue the practice, which suggests the current pilot volume may only be the opening phase of a longer-term enforcement shift.
We help clients audit their Canadian trademark portfolios for use-evidence gaps before a notice arrives, whether requested by a competitor or generated at random by CIPO's own pilot, and we act promptly for clients who receive one.