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Amendments to Trademark Laws

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Feb 11, 2021 (Newsletter Issue 3/21)
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Communication Procedures by CIPO for International Registrations

The Canadian Intellectual Property Office (CIPO) has provided information to WIPO on the communication procedures followed by CIPO in respect of international registrations designating Canada.

Holders can communicate directly with CIPO as holders are not required to appoint a Canadian trademark agent to represent them before CIPO. If a trademark agent is appointed, CIPO can only communicate with a representative appointed before WIPO if this person is a Canadian trademark agent.

A courtesy letter is sent by CIPO to the agent when WIPO has notified CIPO of a designation of Canada in an international registration. In the event of a provisional refusal, both the holder and the agent may respond.

CIPO will send to WIPO all communications under Rules 17, 18ter and 19 of the Regulations under the Madrid Protocol, such as, statements of grant of protection, notifications of provisional refusal, statements concerning final or further decisions and notifications of invalidation.

Upon receipt of such communications from CIPO, WIPO will transmit a copy of them to the holder or to the appointed agent, if any. As a courtesy, CIPO will also send copies of these communications directly to the holder or to the agent. All other communications from CIPO will only be sent to the holder or agent.

More information on the notice, please click here