2024 CIPO Latest Update:
New Service Standards for Canadian Trademark Applicants
If you’re considering registering a trademark in Canada, it’s important to be aware of the recent changes introduced by the Canadian Intellectual Property Office (CIPO). Effective from January 1, 2024, CIPO has implemented new service standards for the examination of trademark applications. These changes aim to expedite the examination process of Canadian trademark applications and provide greater predictability for applicants.
What are the new CIPO service standards?
The new service standards are contingent on whether the trademark application utilizes the pre-approved list of goods and services in the CIPO Goods and Services Manual (the “Manual”). The Manual is a comprehensive database of terms that have been pre-approved by CIPO for describing goods and services for trademark purposes.
For trademark applications that exclusively use terms from the Manual, CIPO commits to issuing a first examiner’s report, a notice of allowance, or a notice of approval within 10 months of receiving the application fee. For applications that incorporate terms not listed in the Manual, these documents will be issued within 20 months of receipt of the application fee.
These service standards apply to both regular and advanced examination requests, with advanced examination requests continuing to receive priority.
Understanding the New Service Standards
The new service standards are contingent on whether the trademark application utilizes the pre-approved list of goods and services in the CIPO Goods and Services Manual (the “Manual”). The Manual is a comprehensive database of terms that have been pre-approved by CIPO for describing goods and services for trademark purposes.
For trademark applications that exclusively use terms from the Manual, CIPO commits to issuing a first examiner’s report, a notice of allowance, or a notice of approval within 10 months of receiving the application fee. For applications that incorporate terms not listed in the Manual, these documents will be issued within 20 months of receipt of the application fee.
These service standards apply to both regular and advanced examination requests, with advanced examination requests continuing to receive priority.
Impact on Trademark Registration the New Service Standards
The introduction of these new service standards is anticipated to positively influence trademark registration in Canada. They are designed to reduce the time applicants wait to receive feedback on their applications and to secure trademark protection. In 2023, the average time between filing an application and receiving a first examiner’s report was 28 months. With the new service standards, this duration could be halved for applications using terms from the Manual.
The new standards also incentivize applicants to use terms from the Manual, helping to prevent objections or misunderstandings regarding the scope and clarity of the goods and services claimed in the application. This can streamline the search and examination process and decrease the likelihood of oppositions or litigation.
Consult with Expert Trademark Lawyer
Patrola Law is a distinguished Canadian law firm specializing in intellectual property law, including trademarks. Our team has a wealth of experience in assisting clients with trademark registration in Canada and internationally. We offer a range of services, including:
- Comprehensive trademark searches to identify potential conflicts or issues with your proposed trademark
- Preparation and filing of your trademark application using terms from the Manual or drafting custom terms that accurately reflect your goods and services
- Responses to examiner’s reports, notices of allowance, or notices of approval and addressing any objections or requirements raised by CIPO
- Handling any oppositions or disputes that may arise during or after the trademark registration process
- Advice on how to protect and enforce your trademark rights in Canada and globally
- If you’re interested in registering a trademark in Canada or have any questions about the new service standards, please contact us today for a complimentary consultation.
Contact us today for a complimentary consultation.