OTTAWA - Important regulatory amendments to prescribed time limits in opposition proceedings will come into force on October 1, 2007, in Canada, a press release by the Canadian Intellectual Property Office (CIPO) stated.
These amendments are in keeping with the principles of the Government of Canada's initiative on Smart Regulation and the Paperwork Burden Reduction Initiative (PBRI).
The amended regulations will help ensure an efficient process by allowing parties more time during opposition to prepare and file their documents without the administrative burden and cost for requesting additional extensions of time.
Amendments to the Trademark Regulations affect Rules 39, 41 and 42 of the Regulations, as they relate to a trademark application advertised in the Trademarks Journal on or after October 1, 2007. They are as follows:
• The prescribed time limit for filing and serving a counter statement pursuant to Rule 39 of the Regulations has been increased to two months.
• The prescribed time limit for filing and serving an opponent's evidence or a statement pursuant to Rule 41 of the Regulations has been increased to four months.
• The prescribed time limit for filing and serving an applicant's evidence or a statement pursuant to Rule 42 of the Regulations has been increased to four months.
For opposition proceedings relating to an application for the registration of a trademark that was advertised in the Trademarks Journal before October 1, 2007, the opposition will be conducted in accordance with Rules 39, 41 and 42 of the Regulations, previously the Trademark Regulations (1996), as they read on September 30, 2007. This means that:
• The prescribed time limit for filing and serving a counter statement pursuant to Rule 39 of the Regulations is one month.
• The prescribed time limit for filing and serving an opponent’s evidence or a statement pursuant to Rule 41 of the Regulations is one month.
• The prescribed time limit for filing and serving an applicant's evidence or a statement pursuant to Rule 42 of the Regulations is one month.
Amendments to the Regulations with respect to objection proceedings under Section 11.13 of the Trademarks Act will also come into force on October 1, 2007.