Declaration of Use — Significant Substantive Reasons

Publication Date: 1998-02-04

Section 40(3) of the Trade-marks Act provides that an application for registration of a proposed trademark shall be deemed to be abandoned if a Declaration of Use is not received by the office before the later of six months from the date of the notice of Allowance or three years from the date of filing the application in Canada.

The office currently grants extensions of time of six months upon expiration of the time limit to file a Declaration of Use if the request is justified and the prescribed fee is received by the office.

Effective immediately, upon the expiration of three years from the initial deadline to file a Declaration of Use provided in the Notice of Allowance, the office will require significant substantive reasons which dearly justify a further extension of time and which set out in detail the reason(s) why it is not yet possible to file a Declaration of Use. The prescribed fee is required for each request.

Extensions of time of one year will generally be granted upon request when an applicant is awaiting approval for a product from a Government Department.

This new practice will apply to all requests received by the Office after the publication date of this notice.

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