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ARTICLE · 21 JANUARY 2020

Trademark Law: Change In Practice Regarding Extensions Of Time In Examination

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On January 17, 2020, the Trademarks Branch of the Canadian Intellectual Property Office ("CIPO") issued a new practice notice with regard to requesting extensions

CanadaIntellectual Property

On January 17, 2020, the Trademarks Branch of the Canadian Intellectual Property Office (“CIPO”) issued a new practice notice with regard to requesting extensions of time to file a response to an examiner’s report (the “Practice Notice”).  The Practice Notice, which can be found by clicking here, is expected to have a profound impact on Canadian trademark application prosecution strategies.

Under the previous practice (i.e. in respect of examiner’s reports issued prior to January 17, 2020), CIPO generally permitted applicants to request a six month extension of time to file a response for each examiner’s report issued during the examination stage.  That meant that applicants could typically count on having up to one year from the date of an examiner’s report to file a response (i.e. the six months allowed under the examiner’s report, plus the six month extension of time).  However, per the Practice Notice, an extension of time to file a response to an examiner's

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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