Changes to Canadian trade-mark practice for recording assignments and mergers

The Canadian Trade-Marks Office (CTMO) has published a new Practice Notice concerning transfers of trade-mark applications and registrations.

Effective immediately, the CTMO will no longer set a deadline to respond to CTMO correspondence setting out deficiencies in requests to register transfers, such as assignments and mergers, of trade-mark applications and registrations.

As the transfer will not be recognized by the CTMO until the deficiencies are remedied, the CTMO will only correspond with the trade-mark applicant in the case of trade-mark applications. The notice is silent regarding equivalent correspondence procedures for trade-mark registrations. However, the CTMO should only correspond with the last registered owner of the trade-mark.

The CTMO will continue to issue correspondence outlining deficiencies that must be remedied for the CTMO to register or recognize the transfer if:

  1. The goverment fee for the transfer is not paid in full;
  2. The evidence supporting the transfer is unsatisfactory; or
  3. In the case of trade-mark applications, the person acquiring the trade-mark does not provide a suitable address and foreign applicants do not provide the address of a Canadian agent for service.

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