Trademarks – Extensions of Time in Examination12/01/2010
The Canadian Intellectual Property Office recently published a new practice notice titled “Extensions of Time in Examination”, which takes effect on March 11, 2010. Once the practice notice takes effect, the Trademarks Office will generally only grant one extension of time up to a maximum of six (6) months to file a response to an Examiner’s Report, if the request is justified. Beyond this first six month extension of time (upon the expiration of twelve months from the initial date of the Examiner’s Report), the Trademarks Office will require an applicant to demonstrate exceptional circumstances to justify why it is not yet possible to fully respond to an Examiner’s Report. The practice notice provides some guidance as to what may be considered to constitute exceptional circumstances.
A copy of the practice notice is available here.