Extension of the deadline for responding to examination reports

June 17, 2009 (Amended on December 22, 2010)

Effective immediately, the time allowed to file a proper response to an examiner's report will be extended to 6 months (previously 4 months). The Office considers that a proper response consists of a response wherein all objections and/or requests raised in the examination report have been addressed. If the applicant fails to file a proper response upon the expiration of the 6 months period, he will be considered to be in default in the prosecution of the application pursuant to Section 36 of the Trademarks Act and a notice of default will be issued.

Generally, the Office will acknowledge receipt but will not examine partial responses received prior to the expiration of the 6 months period.

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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