Proposed Practice Notice

Extensions of Time in Examination

This practice notice replaces the practice notice entitled Extensions of Time in Examination, published in the Trade-marks Journal on July 15, 1998.

Effective immediately, the Office will generally grant an applicant one (1) extension of time of up to a maximum of six (6) months to file a response to an examiner's report, if the request is justified. No requests for any further extensions of time will generally be considered.

Upon the expiration of twelve months from the initial date of the examiner's report, the Office will require significant substantive reason(s), which clearly justify a further extension of time and which set out in detail the reason(s) why it is not yet possible to file a proper response to an examiner's report.

If at the expiry of the twelve month period mentioned above the applicant fails to file a proper response or if the reasons provided are not considered to justify a further extension of time, the applicant will be considered in default in the prosecution of the application pursuant to provisions of Section 36 of the Trade-marks Act and a notice of default will be issued.

A further request for an extension of time is not considered to remedy a default pursuant to the provisions of Section 36 of the Trade-marks Act. If the applicant fails to file a proper response to the examiner's report within the time specified in the default notice, the Registrar will generally treat the application as abandoned.

Note: This practice 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.