Regular readers of the Canadian Trademark Blog will recall that this past fall we reported on a public consultation undertaken by the Canadian Intellectual Property Office respecting proposed revisions to trademark opposition proceeding practices.

CIPO has recently released a compendium of the comments and suggestions it received during the consultation process.

While the submissions touch upon a broad number of issues implicated by the proposed practice notice, their common thread relates to the proposed “cooling-off” period.  Nearly all of the submissions argue that to make the “cooling-off” period available only prior to the filing of a counter-statement is counterproductive to the amicable settlement of the proceeding.  Instead, they argue that the request for a cooling-off period should be available at any time during an opposition proceeding.

In a posting on its site, CIPO advises that the proposed practice notice will be amended “to reflect decisions taken by CIPO as a result of comments received from stakeholders during the consultation period.”  Precisely what changes CIPO will make, however, will not be known until later this month when CIPO posts the revised practice notice on its website.  The final practice notice is expected to be published in the Trade-marks Journal and come into effect in February 2009.

Previous ArticleNext Article
Jeffrey Vicq is a Partner and co-chair of the Intellectual Property and Information Technology practice groups at Clark Wilson. A lawyer and registered Canadian Trademark Agent, Jeffrey has written and spoken extensively on IP and commercial law issues relating to the Internet and to e-commerce in Canada.