No time limit to respond to correspondence from the Trademarks Office with respect to transfers
From: Canadian Intellectual Property Office
Amendment date: June 17, 2019
This practice notice provides guidance on when the Office will issue correspondence identifying deficiencies to be remedied, to which there is no time limit to respond.
The Office does not set a time limit to respond to correspondence issued by the Office identifying deficiencies in requests to record the transfer of an application for the registration of a trademark or to register the transfer of a registered trademark.
The Office will issue correspondence identifying deficiencies to be remedied if:
- the prescribed fee (Item 8 or Item 12 of the Schedule) has not been paid or is incomplete, or
- the Registrar has not been provided with the transferee's name and postal address, or
- the evidence furnished is not satisfactory to the Registrar (if applicable).
However, the only consequence of failing to respond to such correspondence will be that the transfer in question will not be recorded or registered. The transfer will be recorded or registered only after all the deficiencies have been remedied.
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