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 Trade-marks 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.

Note: This notice is intended to provide guidance on current Trade-marks 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.