As reported in my post from last week, the College of Patent Agent and Trademark Agents will come into force on June 28. The supporting regulations were published in Canada Gazette today.
The new College of Patent Agents and Trademark Agents is coming into force on June 28, 2021. The College will regulate patent and trademark agents, including the exams, maintenance of the register of agents and disciplinary matters. Continue reading College
CIPO has published two practice notices directed to the backlog of trademarks awaiting examination:
- Requests for expedited examination – “effective immediately the Office will begin accepting requests for expedited examination of trademark applications” on the basis of court proceedings, combating counterfeit products, protect marks on online marketplaces, or to preserve claims of priority.
- Measures to improve timeliness in examination – the Office will prioritize applications with statements of goods or services selected from the pre-approved list, issue fewer examination reports prior to refusal, and will provide fewer examples of goods or services that would be acceptable in reports.
Implementing regulations for the new College of Patent Agents and Trademark Agents are published in the Canada Gazette for a 30 day consultation. The regulations and transition provisions would provide for the transfer of responsibility for agents, including entrance examinations and conduct, to the new college. The regulations would establish an Investigations Committee and the Discipline Committee with a majority of public members, impose a residency requirement on agents, and replace ‘firm’ agents with the option to appointment of all the patent agents at the same firm.
A number of fees at CIPO are increasing by 2% as of January 1, 2021 due to application of the Service Fees Act. As a result, the fees listed in schedules in the various regulations, such as Schedule 2 to the Patent Rules, may no longer be accurate. For example, the regular patent filing fee will increase to $408 as of January 1st. CIPO has an updated fee schedule. Application fees for a Certificate of Supplementary Protection also increase by 2% but not until April 2021.
Bill C-4, the U.S.-Mexico-Canada trade agreement implementation legislation received Royal Assent this afternoon. It passed the Senate before parliament suspended its session. As noted in an earlier post, Bill C-4 include a new criminal provisions on trade secrets, trademark changes on importation and in-transit goods, and some changes on copyright term.
Here are some more stats from the trademark filings in 2019 (see earlier post). According to my data, the top trademark filers for 2019 were:
|Prior to June 17||After June 17|
Approximately 68000 trademark applications were filed in 2019 (up about 6% from 2018). About 33% were filed without an agent (25% of marks prior to June 17; 44% of marks filed after although CIPO appears to be still updating agents for 2019 incoming Madrid marks) compared to about 24% in 2018. There were about 7500 incoming Madrid filings. See more stats, including my annual list of firms filing the most trademark applications. Continue reading Trademark Filings in 2019
CIPO posted new and amended practice notices for several aspects of trademark procedures:
- extensions of time in examination – the office will no longer grant extensions of time unless exceptional circumstances are shown;
- filing of divisional applications without a specific e-service;
- transitional provisions for Nice classifications;
- renewal of applications that do not have Nice classifications; and
- temporarily appointing a trademark agent for dealing with Nice classifications.