DELAYS AND EXTENSIONS OF TIME IN INTELLECTUAL PROPERTY MATTERS

The Canadian Intellectual Property Office (“CIPO”) announced on March 23, 2020, that due to the disruption caused by the COVID-19 outbreak, the Commissioner of Patents, the Registrar of Trademarks (the “Registrar”), and the Justice Minister under have designated every day between March 16 and March 31, 2020, will be postponed. The result of this designation it that all proceedings falling between March 16 and March 31, 2020, under the Patent Act, the Trademarks Act and the Industrial Design Act, in respect to any matter being brought before the CIPO, will now fall on April 1, 2020.

The Registrar has also announced that it is committed to ensuring that parties are able to obtain extensions of their deadlines affected by COVID-19 before the Trademarks Opposition Board.

For deadlines falling after April 1, 2020, the Registrar will consider the disruption caused by COVID-19 as a sufficient circumstance to obtain an extension of time. In some cases, the Registrar could also use his discretionary powers to extend the time limits on his own initiative, if it is in the interests of Justice to do so. It is moreover very likely that this extension period will be extended beyond March 31, 2020.

Please note that CIPO’s online services are available anytime, anywhere, therefore we can continue to file your trademark registration applications without interruption.

For more information on the measures implemented by the Canadian Intellectual Property Office, please consult the official website.

By Mélanie Masson