CIPO introduces new telephone amendments to increase efficiency of trademarks prosecution in Canada

Smart & Biggar
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On May 20th, 2020, in an attempt to improve the timeliness and efficiency of its services, the Canadian Intellectual Property Office formally allowed trademark examiners to enter amendments to trademark applications in certain cases through telephone conversations with applicants or their Canadian agents.

Instead of sending an Examiner’s Report for minor amendments, as required before May 20th, 2020, trademark Examiners are now allowed to call the Applicant of a trademark application (or their Canadian trademark agent) directly to approve the following amendments among others:

  • Removing a “TM” or registration symbol;
  • Correcting typographical errors;
  • Correcting priority claims which are not properly linked to an amended statement of goods or services;
  • Correcting obvious errors relating to the statement of goods or services;
  • Correcting Nice classification;
  • Completing a colour claim.

Allowing examiners to contact the Applicant or their agent directly by telephone instead of sending a written Examiner’s Report should hopefully provide for a more efficient and possibly less expensive application process.

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