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ARTICLE · 16 JUNE 2021

Improving Timeliness In Canadian Trademark Examination

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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The Canadian Intellectual Property Office (CIPO) is taking action to improve timeliness in issuing trademark rights.

CanadaIntellectual Property

The Canadian Intellectual Property Office (CIPO) is taking action to improve timeliness in issuing trademark rights.

Higher-than-anticipated filings of Canadian trademark applications, and the country's successful accession to the Madrid System for registering international trademarks, led to increased wait times to first examination. CIPO considers it a priority to improve timeliness in examination. Measures intended to reduce the delay were proposed in a recent practice notice. They include:

a) When issuing an examiner's report, examiners will provide fewer examples of goods or services that would be considered acceptable.

In Canada, there is a requirement to describe goods and services in “ordinary commercial terms.” This requirement tends to be for a more specific description than in other countries.

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