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Since the pandemic, the Canadian Intellectual Property Office (CIPO) has faced a significant backlog of trademark applications awaiting examination. Before the pandemic, a trademark application would be examined in about 18 months. Since the pandemic, we have reached averages of 50 months for examination! To address the backlog, CIPO announced in the summer of 2023 that it would be hiring 160 new examiners.
For applicants looking to speed up the process, there are two main ways to accelerate the examination of a trademark application in Canada.
Expedited Examination
The first way is a request for expedited examination which must be supported by an affidavit or statutory declaration. The declaration must clearly set out how one or more of the follow criteria are met:
- A court action is expected or underway in Canada with respect to the applicant's trademark in association with the goods or services listed in the application;
- The applicant is in the process of combating counterfeit products at the Canadian border with respect to the applicant's trademark in association with the goods or services listed in the application; or
- The applicant requires registration of its trademark in order to protect its intellectual property rights from being severely disadvantaged on online marketplaces.
If you meet the criteria for expedited examination, you can expect to receive examination in one month after filing your supporting affidavit.
Goods and Services Manual
The second way does not require an affidavit or a statutory declaration and can be easily done by all applicants. If all the associated goods and/or services identified in your trademark application are described using entries selected from the pre-approved list maintained by CIPO, your application will be flagged for early examination. The goods and services manual can be searched at the following URL:
While CIPO has commenced examination of the accumulated backlog and progress has been made, there is still a considerable delay in processing trademark applications in Canada as compared to other countries, including the United States Patent and Trademarks Office (USPTO).
Filing your trademark application with assistance from a trademark agent can help you avoid such administrative delays and other technical errors that can be costly and time-consuming to resolve. To avoid these pitfalls, consider reaching out to BLAZE IP for expert assistance.