The Canadian Intellectual Property Office has engaged in a number of client consultations recently.  Considering changes to Section 45 practice, changes to practice before the Opposition Board – even changes to the method by which it publishes practice notices – CIPO has been soliciting client and stakeholder views.  (On the Opposition point, CIPO’s changes to practice before the Board came into effect on March 31, 2009.)

CIPO is now engaged in a new consultation – this one concerning three separate issues.  The first concerns deadlines for responding to Examiner reports.  CIPO is proposing to extend the deadline for responding to such reports from four to six months.

The second concerns deadlines for responding to CIPO’s requests for outstanding information concerning transfers.  Here, CIPO is proposing doing away with such deadlines altogether, though of course the transfer will not be effected it CIPO’s records until all required materials have been provided.

Finally, the third proposed change concerns “doubtful case” or “courtesy letters” – the letters CIPO sends to alert trade-mark applicants about co-pending applications to register allegedly confusing marks having a later entitlement date.  CIPO is proposing to discontinue the issue of such letters.

The consultation period ends June 11, 2009.

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Jeffrey Vicq is a Partner and co-chair of the Intellectual Property and Information Technology practice groups at Clark Wilson. A lawyer and registered Canadian Trademark Agent, Jeffrey has written and spoken extensively on IP and commercial law issues relating to the Internet and to e-commerce in Canada.