On May 3, 2021, the Canadian Intellectual Property Office (CIPO) announced that it will begin accepting requests for expedited examination of trademark applications along with other new measures to reduce delays in examination.
This measure has been put in place by CIPO in light of the current examination wait times.
Expedited examination can be requested if:
- A court action is expected or underway in Canada with respect to the applicant's trademark in association with the goods or services listed in the application;
- The applicant is in the process of combating counterfeit products at the Canadian border with respect to the applicant's trademark in association with the goods or services listed in the application;
- The applicant requires registration of its trademark in order to protect its intellectual property rights from being severely disadvantaged on online marketplaces; or
- The applicant requires registration of its trademark in order to preserve its claim to priority within a defined deadline and following a request by a foreign intellectual property office.
All requests must be in the form of an affidavit of statutory declaration and may not relate to more than one application.
There is no fee associated with filing a request for expedited examination.
If the request is accepted, CIPO will examine the application as soon as possible. If the request is not accepted, CIPO will advise the applicant why the request has been denied.
If you have any questions as to whether you qualify for expedited examination or how this Practice Notice impacts your IP portfolio in Canada, please contact your Gowling WLG professional. For other IP related resources, please visit our IP Law Hub, which is continuously being updated with new information to assist you and your business.
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