All applications are are reviewed in turn by an Examiner, typically within 6 to 7 months of the filing date.
The Examiner reviews the application for completeness, conducts searches against the trademarks register and makes an assessment as to the registrability of the trademark.
In many cases, the Examiner issues a report (sometimes called an Office Action) setting out further formal requirements and objections to registration. Applicants are given a period of 6 months to file a response to the Examiner’s report; failing to do so could result in the abandonment of the application.
The most common formal requirements and objections to registration appearing in Examiner’s reports include:
- A requirement to restate the wares or services and to submit a revised application;
- Clarification of the Applicant’s legal status (person, corporate status);
- The trademark is considered to be the name of a person who is living or who has died within the last 30 years.
- The trademark is considered to be clearly descriptive of the wares or service;
- The Applicant does not appear to be entitled to registration;
- The trademark is considered to be confusing with a registered trademark.
Each application is assessed on a case by case basis, any further requirements or potential objections to registration identified by the Examiner depend on the circumstances specific to the trademark and the contents of the application that was filed.
In some cases an Examiner’s report will be issued right away if the application is missing key information like if the Applicant is not based in Canada and is required to appoint Representative for Service. Please see our special service for Applicants requiring a Representative for Service.
Responding to an Examiner’s report can be a complex task depending on the nature of the formal requirements or the objections to registration. We can help. Contact us to review the Examiner’s report and we will provide comments on how to respond together with a no-obligation cost estimate for preparing and filing the response on your behalf.
Contact us by telephone or email for more information or use our Examiner’s Report Review Request form to provide the details of your application and to upload a copy of the Examiner’s Report for us to review.