On May 20th, 2020, in an attempt to improve the timeliness and efficiency of its services, the Canadian Intellectual Property Office formally allowed trademark examiners to enter amendments to trademark applications in certain cases through telephone conversations with applicants or their Canadian agents.
Instead of sending an Examiner’s Report for minor amendments, as required before May 20th, 2020, trademark Examiners are now allowed to call the Applicant of a trademark application (or their Canadian trademark agent) directly to approve the following amendments among others:
- Removing a “TM” or registration symbol;
- Correcting typographical errors;
- Correcting priority claims which are not properly linked to an amended statement of goods or services;
- Correcting obvious errors relating to the statement of goods or services;
- Correcting Nice classification;
- Completing a colour claim.
Allowing examiners to contact the Applicant or their agent directly by telephone instead of sending a written Examiner’s Report should hopefully provide for a more efficient and possibly less expensive application process.
For more information on this, please contact a member of our Trademarks & Brand Protection team.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
Related Publications & Articles
-
A decision to watch: Groupe Swatch v Office québécois de la langue française
On October 27, 2025, the Tribunal administratif du Québec rendered a decision setting aside an order of the Office québécois de la langue française ordering Groupe Swatch to add a “sufficient presence...Read More -
Strategic considerations: Canadian post-grant patent administrative procedures
The Canadian patent system provides multiple post-grant administrative procedures that allow both patentees and third parties to revisit the scope or validity of a patent without going to court.Read More -
Moral rights and contractual gaps: the case of a hidden mural
The decision in Bachand c Mural underscores the importance of considering moral rights when commissioning public art.Read More
