Use of AI in proceedings before the Trademarks Opposition Board
This practice notice sets out the policy of the Trademarks Opposition Board (TMOB) in Canada regarding the use of artificial intelligence to generate content in documents submitted during proceedings. It establishes that parties must include a specific declaration when generative AI is used to create document content or legal authorities, and outlines consequences for failing to provide the declaration. Examples are provided to distinguish between documents that require a declaration and those that do not.
Summary and content fields are drawn from the document text and are pending editorial review.
Who issued it
Who it governs
Legal practitioners, trademark agents, and parties involved in proceedings before the Canadian Trademarks Opposition Board.
What the document contains
This practice notice addresses the requirement for parties participating in Trademarks Opposition Board proceedings to disclose the use of generative artificial intelligence in preparing submitted documents. It details the exact declaration text required, sets out specific criteria for which types of AI use trigger the disclosure obligation, and specifies potential cost penalties for non-compliance.
The document does not provide technical definitions of artificial intelligence, does not impose restrictions on the use of AI tools beyond disclosure, and does not establish rules for the use of AI by the Trademarks Opposition Board itself.
- Parties in TMOB proceedings must inform the board and opposing parties if AI was used to create or generate content in a filed document.
- A mandatory declaration must be placed in the first paragraph of each document containing AI-generated content, stating that the content and cited authorities have been reviewed and verified.
- Failure to provide the required declaration or providing a false declaration may result in unreasonable conduct findings and cost awards against the non-compliant party.
- Written representations, AI-selected legal authorities, and AI-generated state of the register evidence require a declaration.
- Standard document editing tools, speech-to-text dictation software, and preexisting exhibits are generally not considered AI-generated content requiring a declaration.
· Introduction · Declaration of use of AI - Text of the declaration - Failure to provide a declaration · Applicability - Examples of documents considered as including content generated by AI - Examples of documents not considered as including content generated by AI
How it scores
Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.
Accountability
4/5Clear responsibility for AI outcomes
All content generated by AI, and the authenticity of all authorities cited in this document, has been reviewed and verified by the [include the name of the party to the proceeding], or their trademark agent.
II.1 Text of the declaration
screening score · 2026-10-23
Fairness
0/5Non-discrimination and equitable treatment
screening score · 2026-10-23
Human Dignity
0/5Respect for the inherent worth of persons
screening score · 2026-10-23
Human Oversight
4/5Humans remain in control of consequential decisions
All content generated by AI, and the authenticity of all authorities cited in this document, has been reviewed and verified by the [include the name of the party to the proceeding], or their trademark agent.
II.1 Text of the declaration
screening score · 2026-10-23
Privacy
0/5Protection of personal data and private life
screening score · 2026-10-23
Transparency
4/5Openness about how AI systems work and are used
A party to a proceeding under section 11.13, 38 or 45 of the Act is expected to inform the TMOB, and the other party, if AI has been used to create or generate any content in a document
I. Introduction
screening score · 2026-10-23
Enforcement
4/5Consequences and compliance mechanisms with real force
Failure to provide a declaration when required, or providing a false declaration, may constitute unreasonable conduct leading to an award of costs against the non-compliant party.
II.2 Failure to provide a declaration
screening score · 2026-10-23
Impact Assessment
0/5Required assessment of an AI system's risks/impacts before or during use
screening score · 2026-10-23