One common question we get asked is whether it’s possible to expedite the trademark application process.
Normally, it takes 18 to 24 months or longer to receive trademark registration approval from the Canadian Intellectual Property Office (CIPO).
When you file a Canadian trademark application, it is up to the trademark office on how quickly they work on your application and there has never been an option to expedite the process.
That said, in December 2020, the trademark office started allowing applicants an option to request expediting of their applications on 4 narrow grounds.
Meeting the Criteria
For most applicants, it won't make sense and better suited to just wait out the regular process. Remember, your trademark will have priority from the date you filed your application so anyone filing after you is going to have significant problems.
However, if you do wish to request expediting of your application, you have to meet one of the following 4 criteria:
- A court action is expected or underway in Canada with respect to the applicant's trademark in association with the goods or services listed in the application;
- The applicant is in the process of combating counterfeit products at the Canadian border with respect to the applicant's trademark in association with the goods or services listed in the application;
- The applicant requires registration of its trademark in order to protect its intellectual property rights from being severely disadvantaged on online marketplaces; or
- The applicant requires registration of its trademark in order to preserve its claim to priority within a defined deadline and following a request by a foreign intellectual property office. Note that in such cases the request will need to be attached to the affidavit or statutory declaration.
Seeking Legal Counsel
If you would like to request the trademark office expedite your application, please specify which of the 4 criteria is applicable to you. We can then put together a quote for doing the necessary work to make the argument/request.
The preceding content is for informational purposes only and does not constitute legal or professional advice. To obtain such advice, please contact our offices directly.