Madrid Protocol

Published 23 December 2019 by BENOÎT & CÔTÉ

On the one hand, Canada is a popular ally.  More than 3300 applicants designated Canada as a Contracting Party for a total of 6800 filings.  On the other hand, Canada is still hesitant, as only 175 Madrid applications were filed by Canadian applicants.

We remind you that a Canadian trademark agent must be appointed as CIPO will not communicate with foreign agents except to inform them that a Canadian agent must be appointed.

Time for an application to be examined:

It takes from 16 to 22 months before an application is examined.  We expect that the backlog will eventually recede. 

Pending applications:

All applications that were pending at the time of the coming into force (June 17, 2019) are subject to re-examination.

Extensions of time in examination: 

The Canadian Intellectual Property Office will soon issue a new practice notice which will restrict access to extensions of time during examination.  Extensions will be available based only on exceptional circumstances that are considered sufficient to justify a grant of delay.