On February 9, 2021, THE Incorporated – better known as “The Tragically Hip” or “The Hip” – filed a Statement of Claim (the “Claim”) in Canada’s Federal Court, alleging trademark infringement, copyright infringement, passing off, and other causes of action against Mill Street Brewing. The Claim has been previously reported in Canadian media.
CIPO Issues Blanket Extension to Trademark Deadlines (Again): Until August 31, 2020
After previously announcing what was supposed to have been the final (for now) blanket extension of time, the Canadian Intellectual Property Office has made yet one further automatic extension, effectively until August 31, 2020. This is to account both for continuing COVID-19 disruptions and certain critical maintenance to CIPO’s systems, which was to occur at the end of the previous (final) automatic extension and would have meant CIPO’s online and fax services would have been unavailable for a period.
These extensions now effectively cover deadlines falling between March 16, 2020 and August 30, 2020. No further automatic extensions are anticipated in the short term, though should the evolving situation with the pandemic warrant, we may see these again. As we noted when CIPO made its last announcement, further extensions of time may still be available on a case-by-case basis, due to ‘exceptional’ circumstances that are ‘beyond the control of the person concerned’ (in addition to any standard extensions of time that may be available).
As a best practice, we recommend still meeting the original deadlines for all Canadian trademark matters, where possible. Clark Wilson LLP’s trademark group remains accessible and available to assist, and is working to meet such deadlines where we have timely instructions.
CIPO’s latest announcement on these automatic extensions, first made March 17, 2020 (and last updated August 19, 2020), can be found here.
CIPO Again Extends Trademark Deadlines Due to COVID-19: Until August 10, 2020
Now for the eight time, the Canadian Intellectual Property Office has again extended its earlier automatic extensions on account of continuing COVID-19 disruptions, until at least August 10, 2020 (the previous and seventh extension discussed here). These extensions now effectively cover deadlines falling between March 16, 2020 and August 9, 2020. Yet again, CIPO has not indicated this is the last automatic extension, and therefore further extensions are likely though not certain.
As a best practice, we recommend still meeting the original deadlines for all Canadian trademark matters, where possible. Clark Wilson LLP’s trademark group remains accessible and available to assist, and is working to meet such deadlines where we have timely instructions.
CIPO’s latest announcement on these automatic extensions, first made March 17, 2020 (and last updated July 15, 2020), can be found here.
Yet Another CIPO Extension to Trademark Deadlines Due to COVID-19: Until July 20, 2020
In light of the continuing COVID-19 disruptions, the Canadian Intellectual Property Office has again extended its earlier automatic extensions, now until at least July 20, 2020 (the previous and sixth extension discussed here). These extensions now effectively cover deadlines falling between March 16, 2020 and July 19, 2020. Again, CIPO has not indicated this is the last automatic extension, and therefore further extensions are likely though not certain.
As a best practice, we recommend still meeting the original deadlines for all Canadian trademark matters, where possible. Clark Wilson LLP’s trademark group remains accessible and available to assist, and is working to meet such deadlines where we have timely instructions.
CIPO’s latest announcement on these automatic extensions, first made March 17, 2020 (and last updated June 30, 2020), can be found here.
Sixth CIPO Extension to Trademark Deadlines Due to COVID-19: Until July 6, 2020
Once again, in light of COVID-19 disruptions, the Canadian Intellectual Property Office has extended its earlier automatic extensions until at least July 6, 2020 (the previous extension discussed here). These extensions now effectively cover deadlines falling between March 16, 2020 and July 5, 2020. CIPO has not indicated this is the last automatic extension, and therefore further extensions are likely though not certain.
As a best practice, we recommend still meeting the original deadlines for all Canadian trademark matters, where possible. Clark Wilson LLP’s trademark group remains accessible and available to assist, and is working to meet such deadlines where we have timely instructions.
CIPO’s latest announcement on these automatic extensions, first made March 17, 2020 (and last updated June 9, 2020), can be found here.
Further CIPO Extension to Trademark Deadlines Due to COVID-19: Until June 15, 2020
The Canadian Intellectual Property Office has yet again (the previous and fourth extension discussed here) extended its earlier automatic extensions until at least June 15, 2020. These extensions, to deal with COVID-19 disruptions, now effectively cover deadlines falling between March 16, 2020 and June 14, 2020. As CIPO has not indicated this is the last extension, further extensions are still anticipated. CIPO also indicates that it is “working to eliminate any residual delays in services that have occurred as a result of the ongoing COVID-19 outbreak”, though delays are still occurring.
As a best practice, we recommend still meeting the original deadlines for all Canadian trademark matters, where possible. Clark Wilson LLP’s trademark group remains accessible and available to assist, and is working to meet such deadlines where we have timely instructions.
CIPO’s latest announcement on these automatic extensions, first made March 17, 2020 (and last updated May 26, 2020), can be found here.
Another Extension by CIPO to Trademark Deadlines Due to COVID-19: Until June 1, 2020
For the fourth time now (the third extension discussed here), the Canadian Intellectual Property Office has extended its earlier automatic extensions until at least June 1, 2020, on account of COVID-19 disruptions. These now effectively cover deadlines falling between March 16, 2020 and May 31, 2020. It is expected that CIPO will confirm when the final such blanket extension is given and thus we anticipate a further extension as we approach the end of May.
As a best practice, we recommend still meeting the original deadlines for all Canadian trademark matters, where possible. Clark Wilson LLP’s trademark group remains accessible and available to assist, and is working to meet such deadlines where we have timely instructions.
CIPO’s latest announcement on these automatic extensions, first made March 17, 2020 (and last updated May 13, 2020), can be found here.