Update to Trademark Practice in Canada

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By Kimberly Dunn, January 21st, 2020


On January 17, 2020, the Canadian Trademarks Office issued amendments to several Trademark practices. The amendments affect the following:

  • Extensions of time in Examination: The Trademarks Office will no longer grant extensions of time unless the Applicant demonstrates exceptional circumstances that would justify the extension.
  • Divisional Applications: The Trademarks Office has not yet set up a dedicated e-service for filing divisional applications. As such, the Office has clarified that to file a divisional, an Applicant may either: (1) file an amended application outlining the goods/services to be included in the divisional application; or (2) file the divisional by way of a paper request.
  • Transitional Provisions regarding Nice Classification: The Guide to Transitional Provisions has been amended to reflect that notices under44.1(1) of the Trademarks Act will generally only be sent after the renewal of a registration for which the goods/services have not been properly grouped according to the classes of the Nice Classification system.
  • Renewals: The Trademarks Office has provided clarification on the procedure for classifying the goods or services according to the classes of the Nice Classification system when renewing a trademark registration.
  • Temporary Appointment of Trademark Agent or Associate Trademark Agent: Trademark owners will now have the ability to appoint a temporary Canadian Trademark Agent for the purposes of grouping the goods or services according to the Nice Classification system.

For more information please contact:

Kimberly Dunn, Trademark Agent
T: 613.801.1050
E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

This article is general information only and is not to be taken as legal or professional advice. This article does not create a solicitor-client relationship between you and MBM Intellectual Property Law LLP. If you would like more information about intellectual property, please feel free to reach out to MBM for a free consultation.

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Randall is a partner of the firm and has been certified as a specialist in all areas of Canadian IP Law.
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