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ARTICLE · 09 DECEMBER 2019

More Changes To Canadian Trademark Practice: New Limits On Extensions Of Time In Examination

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The Canadian Intellectual Property Office (CIPO) has announced that it will soon be changing its practice regarding extensions of time to respond to office actions.

CanadaIntellectual Property
Shelagh Carnegie
Shelagh Carnegie
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The Canadian Intellectual Property Office (CIPO) has announced that it will soon be changing its practice regarding extensions of time to respond to office actions. The new policy will apply immediately upon the publication of the relevant Practice Notice. The new practice may be in place in the next 4-6 months.

Currently, applicants are easily able to obtain a first six month extension of time to respond to an office action with the possibility to further extend that deadline for an additional six month term based on "exceptional circumstances."

Under the proposed new policy, while office actions will carry the standard six month term to respond, there will be no automatic right to an extension of time.  Instead, extensions will be available based only on exceptional circumstances that are considered sufficient to justify the grant of delay.

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