Two ways to fast-track your Canadian trademark application
The Trademarks Office has committed to expanding the number of entries in the Goods and Services Manual. As the pre-approved list grows, it is envisaged that this option will become increasingly appealing to applicants. The second option does not require an affidavit and takes less time than the first option.
The Canadian Trademarks Office announced new measures aimed at reducing delays in trademark application processing. With the average time to examination for national applications exceeding three years, trademark owners and practitioners alike welcomed the announcement.
Among the initiatives are mechanisms that allow applicants to “jump the queue” and receive a more expedited examination. Trademark owners seeking to fast-track their Canadian applications now have two options to do so.
Expedited examination in special cases
The first method allows trademark owners to obtain a registration more quickly in cases where it is required for specific enforcement actions or other exceptional circumstances. This option necessitates the filing of an affidavit stating one of the following scenarios:
- In Canada, a judicial action regarding the mark is expected or underway;
- At the Canadian border, the applicant is working to counteract counterfeit products bearing the mark.
- The applicant requires trademark registration in order to safeguard its intellectual property rights in online marketplaces (for example, when the trademark is registered in Canada, enrolling in the Amazon Brand Registry);
- the goods or services are medical goods or services that prevent, diagnose, treat or cure COVID 19
If an affidavit establishing one (or more) of these instances is filed, the trademark application will most likely be reviewed within a week or two of the affidavit’s filing. Recent experience has demonstrated that the Trademarks Office is willing to grant these requests quickly where they are justified.
Fast-track using pre-approved list
The second option does not require an affidavit. When all of the goods and services contained in an application are listed in the Canadian Goods and Services Manual, scrutiny is currently expedited by around 6-10 months (without the need for an express request). If the items or services in the application do not comply with the Goods and Services Manual as originally filed, but are altered to comply after filing, scrutiny will be expedited from that point forward.
To encourage applicants to select from the pre-approved list as much as possible, the Trademarks Office has committed to expanding the number of entries in the Goods and Services Manual. As the pre-approved list grows, it is envisaged that this option will become increasingly appealing to applicants.
If candidates want a faster examination and registration, they should see if one of these new techniques is available to them. It may be acceptable to request expedited assessment if a registration is required for a specific enforcement activity. It is useful to select from the pre-approved list if an applicant’s goods or services are simply specified and are within the scope of the Goods and Services Manual.
***Other Articles***
– You could see the Procedure of Trademark in Canada here.
– You could visit here to see Required documents of filing trademark in Canada.
– You could visit here to check 10 Major Changes of New Canada Trademark Law From June 2019.
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