Warp Speed Trademark Examination In Canada: Believe It Or Not, It Exists

Expedited examination is a very welcome addition to the Canadian trademarks practice. It avoids a whopping three and a half year wait before a national application is examined (unless only preapproved terms are used) and the close to 16-17 month wait for the examination of a Madrid application.

No government fees need be paid to expedite, but the request must demonstrate that the applicant is in one of four situations.

One common ground to ask for expedited examination is that registration is required in order to protect the applicant's rights from being "severely disadvantaged on online marketplaces". This applies to the illegal use of a mark in a wide variety of online marketplaces, but can also extend to illegal keyword marketing practices that involve the trademark. If you notice misuse of your trademark online, you should consider asking to expedite your application before making a demand or filing a complaint.