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Everyone who has filed a brand declaration in Canada in Canada in the past year has probably noticed the extraordinary time at the time to obtain an audit report, examination advice and registration. With the move to the online applications of applications and state-of-the-art technologies, why is Canada such a delay in Canada for the pursuit of brand applications?
Even before the pandemism has met, Canada lack of brand auditors in Canada relative to the number of registrations, and the Covid-19 crisis has only intended to disguise delays. As a result, there is a significant time to review a test authority to check a newly submitted application; Therefore, new applications build into a seemingly insurmountable mountain of the backlog waiting for the review. Currently it takes about 18 to 24 months or more from the application message term for a test authority to review a new brand application and include either a test report or approval, and this can strictly affect the ability of trademark owners to take action against cases of violation, piracy and Found your goods / services as well as obstructing efforts of these owners to register and protect their trademarks on online marketplaces and other platforms. Not surprisingly, the delays were a source of frustration for trademark owners.
In order to address the above problems and to alleviate the effects of significant brand injuries, the Canadian spiritual transfer fee (CIPO) announced, which was announced on 3 May 2021, that it requires requirements for the accelerated examination of brand applications to accept other new measures. It is important to note that although the new accelerated processing does not provide additional additional fees that new accelerated processing is not available throughout the panel, and is limited to trademark owners to customize the specific circumstances criteria.
According to the CIPO announcement, the accelerated check can only be requested if:
A judicial measure is expected in Canada in Canada or relating to the applicant's trademark in conjunction with the goods or services listed in the application; and / or
The applicant is to combat fake products at the Canadian border with regard to the applicant's trademark in conjunction with the goods or services listed in the application; and / or
The applicant requires a registration of its brand to protect its intellectual property rights prior to the collection of online marketplaces; and / or
The applicant requires a registration of its brand to obtain its right to priority within a defined period and to pursue a notice of foreign intellectual property.
Those with concerns about trademark infringements in Canada who wish to explore accelerated application processing should consult with the Council.
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