Trademarks Opposition Board Moves to Digital-Only Submission of Confidential Information

As of June 1, 2026, the Trademarks Opposition Board (TMOB) requires all confidential evidence and documentation in proceedings under sections 11.13, 38, or 45 of the Trademarks Act (the “Act”) to be submitted and served through “Connect”, Canada Post’s secure digital file-sharing platform.

These changes are reflected in the amended practice notice on confidentiality orders, which form part of the TMOB’s broader effort to modernize its operations and improve service. The amended practice notice also clarifies the test for obtaining a confidentiality order and how the Registrar assesses the applicable criteria, as set out in the Sierra Club and Sherman Estate decisions discussed below.

Background

Documents filed with the Registrar are generally publicly available under section 29(1) of the Act. However, parties may request that evidence be kept confidential. The request itself, and any submissions, will remain public even if the order is granted.

Requests for Confidentiality Order 

Timing: Requests must be made before submitting the evidence. Importantly, filing a request does not extend evidence deadlines; parties must separately request an extension under section 47 of the Act. The Registrar will generally grant a one-month extension from the date of the confidentiality order for the party to submit and serve their evidence.

Content: Requests may be filed through the TMOB’s online services or by mail/delivery to the Canadian Intellectual Property Office (CIPO) and must include:

The Test

In deciding whether to grant a confidentiality order under section 95.1(2) of the Regulations, the Registrar considers the public interest in open and accessible proceedings. The applicable test was set out by the Supreme Court of Canada in Sierra Club of Canada v. Canada (Minister of Finance), 2002 SCC 41 and restated in Sherman Estate v. Donovan, 2021 SCC 25. Namely, the requesting party must establish the following:

The Registrar also noted that, while opposing party consent may “inform” the assessment, a confidentiality order remains “extraordinary,” and the onus lies on the party seeking to depart from the open court principle.

Submitting and Serving Confidential Information

If a confidentiality order is granted, it will outline the manner of submitting and serving evidence or subsequent documentation that has been designated as confidential. Unless the order sets out alternative methods, confidential information must now be submitted and served through the Connect service, as detailed below. As of June 1, 2026, confidential information submitted through the TMOB’s online services or in paper form will be automatically published to the Trademarks Document Retrieval Service and made publicly available without prior notice.

Email Notification: The Registrar will initiate a secure conversation in Connect by sending an email notification to the parties (from the CIPO’s email address: cipotmobrec-opiccomcrec@ised-isde.gc.ca) inviting them to participate. To access the conversation, parties must click “Access the Message” in the notification email and sign in to (or create) a Canada Post online account.

Submission: Confidential evidence and any subsequent documentation must be submitted to the Registrar in two versions: (i) a public version, in which the confidential information has been redacted or removed; and (ii) a confidential version in which the confidential portions have been highlighted in yellow or appear on a yellow background. The public version can be submitted through TMOB’s online services or by paper, either by regular mail or by physical delivery at the CIPO. The confidential version must be submitted through the Connect service.

Service: Service of the public version of evidence or subsequent documentation may be effected by any manner permitted under the Regulations or agreed to by the parties. Confidential versions, however, will be effected automatically by submitting them through the Connect service.

Takeaways

Parties seeking to protect confidential information in TMOB proceedings should be mindful of the June 1, 2026 deadline, after which all confidential evidence must be submitted and served exclusively through Canada Post’s Connect service.

Failure to comply with these new digital submission requirements may result in confidential information being automatically published to the Trademarks Document Retrieval Service without prior notice.