Correspondence Procedures

Publication date:

Amendment date:

On this page:

  1. Physical Delivery of Correspondence and Written Communications to CIPO
  2. Electronic Correspondence
  3. Details Concerning the Electronic Formats Accepted
  4. General Information
  5. Time period Extensions
  6. Procedures in Case of an Unexpected Office Closure at CIPO
  7. Procedures when CIPO is Open to the Public but Clients are Unable to Communicate with the Office
  8. Intellectual Property Acts, Rules and Regulations

This notice is intended to clarify the practice of the Canadian Intellectual Property Office with respect to correspondence procedures and written communications and replaces all previous notices.

Please note that all correspondence procedures regarding communicating with the Commissioner of Patents or the Patent Office under the Patent Act and the Patent Rules are detailed in Chapter 2 of the Manual of Patent Office Practice ("MOPOP"), entitled "Communicating with the Patent Office".

1. Physical Delivery of Correspondence and Written Communications to CIPO

For the purposes of subsection 10(1) of the Trademarks Regulations, section 2 of the Copyright Regulations, section 4 of the Industrial Design Regulations and section 3 of the Integrated Circuit Topography Regulations, the Office of the Registrar of Trademarks, the Copyright Office, the Industrial Design Office, and the Office of the Registrar of Topographies (hereinafter sometimes collectively referred to as "CIPO") is:

Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, Room C-114
Gatineau QC K1A 0C9

In accordance with subsection 10(2) of the Trademarks Regulations, subsections 2(2) and (3) of the Copyright Regulations, subsection 5(1) of the Industrial Design Regulations and subsections 3(2) and (3) of the Integrated Circuit Topography Regulations, correspondence and written communications delivered to the above address between 8:30 a.m. to 4:30 p.m. (Eastern Time) Monday to Friday is deemed to have been received on the actual date of their delivery if they are delivered when CIPO is open to the public.

Correspondence delivered at a time when CIPO is closed to the public will be deemed or considered to have been received on the day on which CIPO is next open to the public.

Please be advised that once correspondence is received by CIPO it cannot be returned to the sender, even if the sender states that the correspondence was sent by mistake.

The Fee Payment Form should always be submitted as a covering document and should be the only document submitted to CIPO that contains financial information, such as credit card numbers.

Download the Fee Payment Form.

1.1 Designated Establishments

For the purposes of subsection 10(1) of the Trademarks Regulations, subsection 2(4) of the Copyright Regulations, section 4 of the Industrial Design Regulations and subsection 3(4) of the Integrated Circuit Topography Regulations, the following are the designated establishments or designated offices to which correspondence addressed to the Registrar of Trademarks, the Copyright Office, the Industrial Design Office or the Registrar of Topographies may be delivered in person. Please note that documents, payments and payment instructions delivered to the addresses listed below must be enclosed in a sealed envelope and that no in person payment transactions are processed on site. The ordinary business hours for each designated establishment are listed below.

In accordance with subsection 10(3) of the Trademarks Regulations, subsections 2(4) and (5) of the Copyright Regulations, subsection 5(2) of the Industrial Design Regulations and subsections 3(4) and (5) of the Integrated Circuit Topography Regulations, correspondence delivered to a designated establishment on a day when CIPO is open to the public will be deemed or considered to be received on the day on which they are delivered to that designated establishment. If CIPO is closed to the public, correspondence will be deemed or considered to be received on the day on which CIPO is next open to the public. For example, if correspondence intended for CIPO is delivered to the designated establishment in Toronto on June 24, it will not be considered to be received on June 24 as CIPO is closed on that day (St-Jean-Baptiste Holiday in Quebec). It will be deemed received on the day on which CIPO is next open to the public.

1.2. Registered Mail™ and Xpresspost™ services of Canada Post

For the purposes of subsection 10(1) of the Trademarks Regulations, subsection 2(4) of the Copyright Regulations, section 4 of the Industrial Design Regulations and subsection 3(4) of the Integrated Circuit Topography Regulations, the Registered Mail™ and Xpresspost™ services of Canada Post are designated establishments or designated offices to which correspondence addressed to the Registrar of Trademarks, the Copyright Office, the Industrial Design Office or the Registrar of Topographies may be delivered.

CIPO considers that correspondence delivered through the Registered Mail™ and Xpresspost™ services of Canada Post is received by CIPO on the day indicated on the mailing receipt from Canada Post, provided that CIPO is open to the public on that day. If CIPO is closed to the public on that day, correspondence is deemed or considered to be received on the day when CIPO is next open to the public.

2. Electronic Correspondence

For the purposes of subsection 64(1) of the Trademarks Act, subsection 24.1(1) of the Industrial Design Act and in accordance with subsection 10(4) of the Trademarks Regulations, subsection 2(6) of the Copyright Regulations, subsection 5(3) of the Industrial Design Regulations, and subsection 3(6) of the Integrated Circuit Topography Regulations, correspondence addressed to the Registrar of Trademarks, the Copyright Office, the Industrial Design Office or the Registrar of Topographies may be sent by facsimile, online or on an electronic medium only as provided in the current notice.

Subsection 10(5) of the Trademarks Regulations specifies certain categories of correspondence to which the provisions of subsection 10(4) do not apply.

Correspondence sent by facsimile or online to the Registrar of Trademarks, the Copyright Office, the Industrial Design Office or the Registrar of Topographies constitutes the original, therefore a duplicate paper copy should not be forwarded.

Correspondence delivered to the Registrar of Trademarks or the Industrial Design Office by electronic means of transmission, including facsimile, is deemed to have been received on the day on which CIPO receives it (Eastern Time).

2.1 Facsimile

Black and white facsimile correspondence addressed to the Registrar of Trademarks, the Copyright Office, the Industrial Design Office or the Registrar of Topographies may be sent to the following facsimile numbers:

Colour facsimile correspondence addressed to the Registrar of Trademarks or the Industrial Design Office must be sent to the following facsimile number:

Note that the model of facsimile is a Xerox C505/X and that this information may be needed to ensure a successful colour transmission.

Facsimile correspondence that is sent to any facsimile number other than those indicated above, including those of a designated establishment, will be considered not to have been received.

Evidence submitted by facsimile in respect of an opposition or section 45 proceeding will not be accepted due to issues such as the often-poor quality of transmission, the risk of incomplete transmission and the voluminous nature of the documents.

The electronic transmittal report returned to you following your facsimile transmission will constitute your acknowledgment receipt. Confidentiality of the facsimile transmission process cannot be guaranteed. Please note that CIPO strongly discourages the use of a computer facsimile interface or internet-based facsimile services due to technical issues with reception.

When submitting by facsimile a document that also has a fee requirement, notification of the preferred mode of payment to be applied must be prominently displayed on the Fee Payment Form to ensure expedient processing.

2.2 Online

Correspondence addressed to the Registrar of Trademarks, the Copyright Office, the Industrial Design Office or the Registrar of Topographies may be sent electronically using the relevant links below.

Trademarks

For the purpose of subsection 10(4) of the Trademarks Regulations, the following correspondence addressed to the Registrar of Trademarks may be sent electronically by accessing the following pages:

For the purpose of subsection 10(4) of the Trademarks Regulations, correspondence addressed to the Registrar of Trademarks in the context of opposition and section 45 proceedings may be sent electronically by accessing the Trademarks Opposition Board's online web application:

Opposition proceedings before the Trademarks Opposition Board
Section 45 proceedings before the Trademarks Opposition Board

Copyright

For the purpose of subsection 2(6) of the Copyright Regulations, the following correspondence addressed to the Copyright Office may be sent electronically, by accessing the following pages:

Industrial Designs

For the purpose of subsection 24.1(1) of the Industrial Design Act, the following correspondence addressed to the Industrial Design Office may be sent electronically, by accessing the following pages:

Integrated Circuit Topographies

For the purpose of subsection 3(6) of the Integrated Circuit Topography Regulations, the following correspondence addressed to the Registrar of Topographies may be sent electronically, by accessing the following page:

2.3 Electronic medium

Note: all electronic media must be free of worms, viruses or other malicious content. Files with malicious content will be deleted.

Trademarks and Industrial Design

The Office of the Registrar of Trademarks and the Industrial Design Office will accept the following types of electronic media: CD-ROM, CD-R, DVD, DVD-R, and USB stick.

3. Details Concerning the Electronic Formats Accepted

Trademarks

For the purposes of subsection 64(1) of the Trademarks Act, the acceptable file formats for documents submitted electronically using the relevant links set out in section 2.2 of these correspondence procedures are: PNG, TIFF, JPEG, GIF, MP3, MP4, PDF, BMP and Doc.

Industrial Design

For the purposes of subsection 24.1(1) of the Industrial Design Act, the acceptable file formats for documents, other than a representation of a design, submitted electronically are WPD, DOC, DOCX and PDF. The acceptable file formats for the representation of a design are PDF, JPEG, TIFF and GIF. The file size limit is of 60MB for PDF, 10MB for the other file formats. The scanned/stored images should be of a resolution of at least 300 dpi and the dimensions must be of 21.59 cm by 27.94 cm (8.5 in by 11 in).

Note that the conversion of files to an acceptable format may result in a change to the quality of the drawings.

4. General Information

General information may be obtained by communicating with CIPO's Client Service Centre.

5. Time Period Extensions

Time period extensions under the Trademarks and Industrial Design Acts

For the purposes of subsection 66(1) of the Trademarks Act, and subsection 21(1) of the Industrial Design Act, any time period fixed under those Acts and ending on 1) a prescribed day set out in the list below or 2) a designated day on account of unforeseen circumstances, will be extended to the next day that is not a prescribed day or a designated day and where CIPO is open to the public.

Designated days are those days that are designated by the Registrar, or the Minister, on account of unforeseen circumstances and if they are satisfied that it is in the public interest to do so. If a day is designated, the public will be informed of that fact on CIPO's website.

Prescribed days under the Trademarks Act and the Industrial Design Act are as follows:

Please note that CIPO is open on the first Monday in August.

Extensions for prescribed days occur regardless of place of residence or of the establishment to which documents are delivered.

Please be aware that not all provincial and territorial holidays are days where deadlines are extended. It is recommended that clients be mindful and ensure that all deadlines are respected.

Time period extensions under the Copyright and Integrated Circuit Topography Acts

In accordance with section 26 of the Interpretation Act, any person choosing to deliver a document to CIPO or a designated establishment (including the Registered Mail™ and Xpresspost™ services of Canada Post) where a federal, provincial or territorial holiday exists, is entitled to an extension of any time limit for the filing of the document that expires on the holiday, until the next day that is not a holiday. It is to be noted, in respect of provincial and territorial holidays, that the entitlement to the extension is dependent on the establishment to which the document is delivered and not on the place of residence of the person for whom the document is filed or of their agent. For this purpose, documents transmitted to CIPO by electronic means, including by facsimile, would be considered to be delivered to CIPO's offices in Gatineau, Quebec.

CIPO has no practical way of keeping track of the establishment to which documents are delivered. Accordingly, where a person has a time limit for the filing of a document that expires on a provincial or territorial holiday but only delivers the document on the next day that is not a holiday, CIPO will assume that the document was delivered to an establishment that would justify an extension of the time limit. In such circumstances, it will be the responsibility of the person filing the document to ensure that he or she is properly entitled to any needed extension of the time limit.

Time period extensions under the Madrid Protocol and the Hague Agreement

If a period within which a communication must be received by the International Bureau of the World Intellectual Property Office would expire on a day on which the International Bureau is not open to the public, it will expire on the next subsequent day on which the International Bureau is open. Likewise, if the period within which a communication (such as a notification of refusal of protection) must be sent by CIPO to the International Bureau would expire on a day on which CIPO is not open to the public, it will expire on the next subsequent day on which CIPO is open.

A list of the days on which the International Bureau is closed to the public during the current and the following calendar year is available on the WIPO website.

6. Procedures in Case of an Unexpected Office Closure at CIPO

In case of unforeseen circumstances, CIPO will attempt to remain open to the public and ensure that essential service to our clients continues with the least possible disruption or delay.

In accordance with paragraph 15(n) of the Trademarks Regulations and paragraph 36(n) of the Industrial Design Regulations, whenever CIPO is closed to the public, for all or part of a day during ordinary business hours, including closures due to extraordinary circumstances, time periods will be extended to the next day that is not a prescribed or a designated day and where CIPO is open to the public.

For Copyright and Integrated Circuit Topography, if CIPO is closed to the public due to extraordinary circumstances, CIPO considers all time limits to be extended until the next day that it is open to the public. In such situations, mail delivered to CIPO or to designated establishments will be considered to be received on the date that CIPO re-opens to the public, with the exception of correspondence addressed to the Registrar of Topographies.

In view of the date-sensitive nature of intellectual property (IP), clients are advised to address important deadlines ahead of time to minimize the risk of affecting their IP rights. For the purposes of such deadlines, unless otherwise notified, clients should assume that all due dates remain in effect.

When possible during an emergency, information and search systems will continue to be available on our website; however, services provided through the Client Service Centre and other support areas within CIPO may be temporarily unavailable. Should an emergency occur, CIPO will post information with respect to service interruptions on our website as it becomes available and as circumstances permit.

Clients are strongly encouraged to send date-sensitive material through Canada Post by Registered Mail™ or Xpresspost™ or to use electronic means using the relevant links set out in section 2.2 of these correspondence procedures. Documents may continue to be faxed to CIPO at 819-953-CIPO (953-2476). Date-sensitive material requiring fee payment that is sent by fax must be accompanied by a VISA™, MasterCard™, or American Express™ credit card number, or CIPO deposit account number.

Please note that there may also be instances in which the designated offices may be temporarily closed, yet CIPO remains open to the public. In such situations, it remains the responsibility of CIPO's clients to ensure that all deadlines are respected.

7. Procedures when CIPO is Open to the Public but Clients are Unable to Communicate with the Office

Industrial Design, Copyright and Integrated Circuit Topography

The legislative framework in relation with the abovementioned types of intellectual property does not provide CIPO with the flexibility to extend deadlines when it is open to the public but clients are unable to communicate with the Office.

In these situations it remains the responsibility of clients to ensure that all deadlines are respected.

Trademarks

The Trademarks Act and Regulations allow clients to request a retroactive extension of time when a due date has been missed due to a force majeure type situation. In order for a retroactive extension of time to be granted, the Registrar of Trademarks must be satisfied that the failure to do the act or apply for an extension of time before the original due date was not reasonably avoidable. A prescribed fee is required in certain cases.

8. Intellectual property acts, rules and regulations

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