Consultation Period Opens for Extensions of Time in Examination
The Canadian Trademarks Office has today announced the commencement of a consultation period to review proposed changes to the practice of granting extensions of time during the examination of trademark applications.
The Proposed Practice Notice outlines that Applicants will be generally be granted one (1) extension of time to a maximum of six (6) months to file a response to an Examiner's Report, if the request is justified. And further, if the Applicant fails to provide a response or the if the reasons for requesting a further extension of time are not considered sufficient, the application will be subject to a default notice.
The Trademarks Office has offered no guidance as to what might be deemed a "justified" reason for requesting a further extension of time and thus it is unclear whether such issues as (a) the assignment of the trademark; (b) circumstances beyond the control of the Applicant (i.e. bankruptcy) or where an Applicant is: (c) seeking to investigate, cancel or acquire the rights of a cited applicant or registrant (which may take months or years); (d) awaiting the consent of a public authority (which may also take months or years); or (e) awaiting a certified copy of a foreign registration (i.e. where an application is based upon Application and Use Abroad) and/or such foreign application is in the midst of opposition.
Since the consultation period expires on October 30, 2009 it is hoped that submissions to the Trademarks Office include requests for additional guidance or benchmarks as to the standards necessary to satisfy the requirement for a "justified" reason for a further extension of time such as those outlined above.
