Trademark Examiner Reports: FAQs
What is a Trademark Examiner Report?
After a trademark application is filed in Canada, the application is reviewed by a Trademark Examiner at the Canadian Intellectual Property Office (CIPO).
Generally, the Examiner reviews the application to see if it:
1) meets the requirements for registration and
2) whether it is confusing with any Canadian registered trademarks or pending trademark applications.
The Examiner raises objections to the application in a written Trademark Examiner Report. If there are no objections,then the Examiner will issue a Notice of Approval for publication.
When will I receive an Examiner Report?
With current CIPO backlogs, it may take 12 months or more from the date the trademark application is filed before an Examiner Report is issued.
I've received an Examiner Report, is the application refused?
At this stage no, the application is still pending. However, applicants must submit amendments and/or arguments to CIPO to attempt to overcome the objections by the response deadline, generally 6 months from the date of the Trademark Examiner Report. If no response is filed, the application will go abandoned.
Is it difficult to overcome the objections?
It really depends on the type of objection. Examiner requests for amendments to the goods and services statement are generally simple to overcome as compared to confusion, descriptiveness, and distinctiveness objections. As well, it depends on the unique circumstances of what the trademark is and for what goods or services the trademark is used.
How can a Trademark Agent help?
A Trademark Agent is familiar with the common objections raised in an Examiner Report and can save you time, money and headaches by resolving the objections efficiently.
A Trademark Agent can:
1) review and assess the Examiner Report to provide a percent (%) likelihood of success in overcoming the objections; and
2) prepare and file amendments and/or arguments against the Examiner's objections.
Contact Sander Law today to have your Examiner Report reviewed and/or to have a response prepared.
The above content is for informational purposes only and is not legal or professional advice.