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2009-02-24
The canadian intellectual property office announced new practice notice in opposition comes into effect march 31, 2009.


The Canadian Intellectual Property Office (CIPO) announced that the Trademarks Opposition Board will be changing its practice as of March 31, 2009 through the introduction of a new practice notice entitled Practice in Trademark Opposition Proceedings.

The Canadian Intellectual Property Office (CIPO) announced that the Trademarks Opposition Board will be changing its practice as of March 31, 2009 through the introduction of a new practice notice entitled Practice in Trademark Opposition Proceedings.

The new practices include:

  • To inform through guidance the granting of extensions of time in exceptional circumstances.
  • Clarifying and simplifying the Registrar's benchmarks for granting extensions of time. 
  • Introducing a new practice of granting extensions of time amounting to a cooling-off period for parties to pursue settlement and mediation. In particular, the new practice notice will allow the opponent to request one extension of time up to a maximum benchmark of nine months on consent either prior to filing its statement of opposition or its Rule 41 evidence with the possibility for the applicant to also request one further extension of time up to a maximum benchmark of nine months on consent either prior to filing its counter statement or its Rule 42 evidence. 
  • Encouraging parties to pursue settlement and mediation early in the opposition proceeding. 
  • Introducing a new practice with respect to the scheduling of hearings.

On March 31, 2009, this new Practice in Trademark Opposition Proceedings, will replace the previous practice notice entitled "Procedure before the Trademarks Opposition Board as of October 1, 2007".
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