Insights and Developments
Recent updates and developments in Canadian patent, trademark, and IP law and practice.
When a Madrid Protocol Trademark Application Draws a Canadian Office Action
A Canadian designation under the Madrid Protocol is still examined like any other Canadian trademark application, and it can still draw a full CIPO office action. Here is what happens when it does, the response deadlines that apply, and when a Canadian trademark agent must be appointed to respond.
When a Hague System Design Application Draws a Canadian Office Action
A Hague System design application designating Canada is still examined by CIPO on the merits, and it can still draw a full Canadian office action. Here is the response timeline that applies, and when a Canadian agent must be appointed to respond.
What the 2025 Amendments to the Canadian Patent Rules Mean for Filers
Amendments to the Canadian Patent Rules took effect January 1, 2025, introducing a patent term adjustment regime that can extend a patent's term where the Patent Office's own delay in examination is unreasonable. The same amendments set new fees for requesting an additional term and for reconsideration of one, and updated the maintenance fee schedule for later-stage patents. Filers and agents should now factor patent term adjustment into portfolio and renewal planning.
Use It or Lose It: Section 45 Trademark Expungement in Practice
Section 45 expungement proceedings are an important mechanism for clearing unused trademarks from the Canadian register, and the Registrar of Trademarks has begun initiating a limited number of these proceedings itself under a new pilot project, rather than waiting for a third party to request one. This update unpacks what triggers a Section 45 action, the steps for responding, and why prompt evidence of use is critical. Understanding the process can mean the difference between keeping your mark and losing valuable brand protection.
An IP Audit, Simply Explained: Why Most Growing Businesses Need One
Most growing businesses hold more intellectual property than they realize, and less of it may be properly protected, or even properly owned, than they assume. Here is the difference between an IP inventory and an IP audit, and when the deeper review earns its cost.