Five (5) key questions answered
These questions are related to the Practice Notice on the List of Trademark Agents & Register of Patent Agents, in effect as of January 21, 2011.
Question 1
Does the word "firm" relate only to the traditional law firm or does it have a broader meaning to include a law practice that operates under a professional corporation?
It is the agent's responsibility to determine if their business structure meets the definition of the term "firm" as set out in the Regulations or Rules. CIPO will generally not refuse to enter a professional law corporation on the list/register of Agents.
Question 2
What is meant by "member" in the practice notice?
Broad interpretation is given to the word member and could include shareholder, partner, director, employee or other, but must be a person that is on the list/register of Agents.
Question 3
Can cooperatives, business trusts, sole proprietorships, corporations, companies or professional associations be added to the list/register of Agents?
It is the agent's responsibility to determine if their business structure meets the definition of the term "firm" as set out in the Regulations or Rules. CIPO will generally not assess the business structure of the Agent when entering an agent on the list/register.
Question 4
Does the "member" need to work at the stipulated address of the firm?
The "member" does not have to work at the address of the agent firm of record at CIPO and could work at a different location, however correspondence from CIPO will be directed to the firm address.
Question 5
Is there an obligation from the agent firm to inform the Office if the status of the "member" changes within the year covered by the agent listing/maintenance fee?
Yes, if the status of the member changes, the firm or agent should inform the Office as soon as possible.