CIPO Extended Trademark Practice Deadlines Due to COVID-19

In response to the current COVID-19 outbreak, CIPO (Canada Intellectual Property Office) had released two announcements on March 17 and March 27, 2020, respectively, to extend the relevant trademark practice deadlines to May 1, 2020.

For all trademark-related activities with CIPO, all days in the period between March 16 and April 30, 2020 are now deemed “designated days” by the Registrar (CIPO), pursuant to Section 66 of the Trademark Act. Any deadlines set in the Trademark Act or Trademark Regulations between March 16 and April 30, 2020, are now extended to May 1, 2020, including deadlines relating to opposition, Section 45, and objection proceedings.

For deadlines after May 1, the Registrar will consider the disruption caused by COVID-19 as “sufficient circumstances” to obtain an extension under Section 47(1) and 47(2) by the Act upon request.

Witmart will continue to monitor CIPO’s updates and keep our clients informed of any changes that may be initiated by CIPO in the future.

Last Updated:  April 3, 2020

Reference: Relevant sections of Trademarks Act and Trademarks Regulations.

TMA:

Time period extended

      · 66 (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Registrar, that time period is extended to the next day that is not a prescribed day or a designated day.

Power to designate day

(2) The Registrar may, on account of unforeseen circumstances and if the Registrar is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Registrar shall inform the public of that fact on the website of the Canadian Intellectual Property Office.

Extensions of time

·         47 (1) If, in any case, the Registrar is satisfied that the circumstances justify an extension of the time fixed by this Act or prescribed by the regulations for the doing of any act, he may, except as in this Act otherwise provided, extend the time after such notice to other persons and on such terms as he may direct.

Conditions

(2) An extension applied for after the expiration of the time fixed for the doing of an act or the time extended by the Registrar under subsection (1) shall not be granted unless the prescribed fee is paid and the Registrar is satisfied that the failure to do the act or apply for the extension within that time or the extended time was not reasonably avoidable.

TMR:

Reference to a period

·         2 Unless otherwise indicated, a reference to a period in these Regulations is to be read, if the period is extended under section 47 or 47.1 or subsection 66(1) of the Act, as a reference to the period as extended.

Disclaimer: This website is not intended to offer legal advice or to be a substitute for a consultation on a case-by-case basis with an attorney. The information provided above is meant for informational purposes only and may be subject to change.

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