In response to the continuing disruption caused by the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has announced on March 27, 2020 a further extension for filing deadlines – all deadlines ending in the month of April 2020 will automatically be extended to May 1, 2020.
Parties in proceedings before the Trademarks Opposition Board should also note that the Registrar will consider the disruption caused by COVID-19 a sufficient circumstance to obtain an extension of time under sections 47(1) and 47(2) of the Trademarks Act upon request. The Registrar may also use its discretion under section 47(1) to extend deadlines on its own initiative if it is in the interests of justice to do so.
What you need to know
All deadlines under the Trademarks Act, Patents Act and Industrial Design Act falling between March 16, 2020 and April 30, 2020 inclusive are automatically extended to May 1, 2020 as a result of the unforeseen disruption caused by the COVID-19 outbreak. CIPO is also prepared to further extend the May 1, 2020 deadline if warranted by the circumstances.
As indicated in our post of March 21, 2020, CIPO remains open for business and as such, to the extent possible, we recommend clients continue to meet deadlines as they fall due. Moreover, since CIPO is still open, clients should not rely on this exceptional extension provided by CIPO to secure an application priority date.
Our technology infrastructure enables our professionals and staff to work remotely for an extended period. As such, we will continue to meet original CIPO deadlines as instructed by clients. The extension however provides clients a safety net to help navigate this unprecedented situation.
For more information on the legal implications of COVID-19, please consult our COVID-19 Hub. As a full service global firm with offices across Canada, Norton Rose Fulbright is closely monitoring this evolving situation over a number of practice areas including employment and labour, risk advisory, banking and finance, corporate, M&A and securities, and dispute resolution and litigation, and across a variety of industries including energy, infrastructure, mining and commodities, financial institutions, life sciences and healthcare, technology and innovation, and transport.