Exceptional Circumstances Now Required For Extensions In Trademark Examination

On January 17, 2020, the Canadian Intellectual Property Office ("CIPO") published a new Practice Notice which significantly curtails the availability of extensions of time to respond to Office Actions in examination.

Under the former practice, an applicant was given six months to respond to an Office Action, regardless of the number or complexity of issues raised.  This initial six month deadline was extendable for a further six months upon filing a request with the Office – no special circumstances were required to be granted the extension.  Any further extensions beyond that (i.e. more than a year from the date of the Office Action), would only be granted if there were exceptional circumstances warranting a further six month extension of time.