February 16, 2009

The Canadian Intellectual Property Office ("CIPO") recently announced that its Trade-marks Opposition Board will be revising its procedures effective March 31, 2009. According to the CIPO announcement (link below), the new practice is provided in a formal notice entitled "Practice in Trademark Opposition Proceedings," with changes including (quoted directly from the announcement):

- "Simplifying and clarifying the Registrar's benchmarks for granting extensions of time.

- Providing guidance with respect to the granting of extensions of time in exceptional circumstances.

- Encouraging parties to pursue settlement and mediation early in the opposition proceeding.

- Introducing a new practice of granting extensions of time amounting to a cooling-off period for parties to pursue settlement and mediation. In particular, the new practice notice will allow the opponent to request one extension of time up to a maximum benchmark of nine (9) months on consent either prior to filing its statement of opposition or its Rule 41(1) evidence with the possibility for the applicant to also request one further extension of time up to a maximum benchmark of nine (9) months on consent either prior to filing its counter statement or its Rule 42(1) evidence.

- Introducing a new practice with respect to the scheduling of hearings."

These new procedures as detailed within the aforementioned Practice notice will effectively replace the current notice entitled "Procedure before the Trade-marks Opposition Board as of October 1, 2007."

CIPO Announcement: LINK
Current Practice Notice: LINK
New Practice Notice (as of 3/31/09): LINK


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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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