No time limit to respond to correspondence from the Trademarks Office with respect to transfers

August 13, 2009

Effective immediately, the Office will no longer set a time limit to respond to correspondence issued by the Office identifying deficiencies in requests to register the transfer of a registered trademark or to recognize the transfer of an application for registration of a trademark.

The Office will continue to issue correspondence identifying deficiencies to be remedied in order for the Registrar to register or to recognize the transfer when:

  1. The prescribed fee (see Tariff of Fees – Item 6) relating to a request to recognize the transfer of one or more trademarks has not been paid or is incomplete, or
  2. The evidence furnished of the transfer of one or more trademarks is not satisfactory, or
  3. The information required by paragraph 30(g) of the Act is not provided.

However, the only consequence of failing to respond to such correspondence will be that the transfer in question will not be registered or recognized. The transfer will be registered or recognized only once all the deficiencies have been remedied. Until such time as all the identified deficiencies have been remedied, correspondence relating to the prosecution of an application for the registration of a trademark shall continue to be with the applicant.

This notice is intended to provide guidance on current Trademarks Office practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed.

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