In an effort to address significant trademark prosecution delays, the Canadian Intellectual Property Office (CIPO) issued two key Practice Notices on May 3, 2021.
In the first Practice Notice (Requests for expedited examination), CIPO announced that it will accept requests for expedited examination in the form of an affidavit or statutory declaration provided one or more of the following criteria are met:
1. 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;
2. 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;
3. The applicant requires registration of its trademark in order to protect its intellectual property rights from being severely disadvantaged on online marketplaces; or
4. The applicant requires registration of its trademark in oredr to preserve its claim to priority within a defined deadline and following a request by a foreign intellectual property office. Note that in such cases the request will need to be attached to the affidavit or statutory declaration. Continue Reading