Amendments to Trademark Applications Requested Prior to Examination

Publication date: 2010-12-22

As a general rule, the Trademarks Office will no longer assess amendment requests received prior to examination. Upon reception, the Formalities section will identify any expedite requests and/or any requests affecting the entitlement date and will forward those applications to the examination section for review. All other requests will be assessed by an examiner in order, according to the date of filing of the application. As a reference, the following are examples of requests for amendments which will no longer be assessed prior to examination: clerical errors, the addition or amendment of a claim, an addition or amendment to the statement of goods or services, amendment to the trademark description, and a change in the trademark.

This practice 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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