CIPO Now Accepting Requests for Expedited Examination

Photo by Saffu on Unsplash

By Trish Sawhney

In Canada, trademark applications are examined in the order in which they are received.  In other words, requests for expedited examination are disregarded. CIPO recently announced changes to this practice to ensure Canadians have timely access to COVID-19 related goods and services.  As of this month, requests for expedited examination of trademark applications claiming medical goods or services relating to COVID-19 will now be considered. 

To be eligible for expedited examination, the application must include one of the following types of goods or services:

1. pharmaceuticals, medical devices (such as diagnostic tests, ventilators), or medical protective equipment (such as sanitary masks for protection against viral infections, disposable gloves for medical purposes) that prevent, diagnose, treat, or cure COVID-19; or
2. medical services or medical research services for the prevention, diagnosis, treatment, or cure of COVID-19.

All requests for expedited examination must be made by way of affidavit or statutory declaration setting out how one or more of the following criteria are met:

1. A court action is underway in Canada with respect to the applicant's trademark in association with the goods or services listed in the application;
2. The applicant is in the process of combating counterfeit products at the Canadian border with respect to the applicant's trademark in association with the goods or services listed in the application;
3. An approval for use of the goods or services listed in the application has been submitted to, or has been obtained from, Health Canada under the same name as the trademark.

If you believe your trademark application meets the requirements above, contact us to see if we can expedite your examination process!