Canadian Patents, Trademarks, and Industrial Designs: Final Extension of Deadlines in Response to the COVID-19 Pandemic

Bennett Jones LLP

In response to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has extended many (but not all) patent, trademark, and industrial design deadlines that ordinarily fall in a period beginning on March 16, 2020. In recent months, CIPO has incrementally extended the end date of this period. CIPO, however, has now made a final extension of the end date of this period to August 28, 2020.

Practically, this means that action must be taken on or before August 31, 2020, for deadlines that ordinarily fall in the period from March 16, 2020, to August 28, 2020, inclusive. Some of the more common deadlines extended in this manner are for replying to examination reports, paying maintenance and renewal fees, and taking certain steps in proceedings before the Trademarks Opposition Board.

If meeting the August 31, 2020 deadline remains problematic, it may be possible to extend certain deadlines even further by making a request to CIPO on or before August 31, 2020. However, the extension is not automatic, and not all deadlines can be extended in this manner.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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