Opponents Beware - Frivolous Oppositions May Be Rejected From the Start

摘要

Bearing in mind the exercise of the Registrar's statutory power to accept or reject statements of opposition, coupled with its discretionary power to grant leave to amend statements of opposition, this case serves as a valuable warning that frivolous proceedings may be entirely rejected, particularly where an opponent has no arguable case for confusion. However, with the exception of confusion grounds, it remains to be seen if this case will impact the number of rejected oppositions in Canada considering it is customary to raise boiler plate allegations in statements of opposition similar to some of those raised by the opponent in this case.