You are viewing an old version of this page. View the current version.

Compare with Current View Page History

« Previous Version 2 Current »

Annual Technical Report on Trademark Information Activities in 2024 submitted by CA/CIPO

Please provide links to your website where the requested information can be found in English, French, or Spanish.  Alternately, you may provide text responses instead of URLs if desired.  If the information is not available on your website in an ATR language, then please provide text.

URLs in responses should meet the following requirements:

I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE

Information on the following topics is desired:

Canada continues to actively expand our online service offerings related to trademark applications/registrations and opposition.

II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE

Information on the following topics is desired:

Canada has continued to expand it’s electronic services offerings and encouraging it’s clients to use these services.  Canada’s Trademarks Office and Trademarks Opposition Board permitted clients to identify electronic as a preferred method of correspondence and began sending all Office correspondence electronically to those who opted in. The Office now receives 95% of all incoming requests for service electronically and sends 79% of its outgoing correspondence electronically.

Trademarks and Trademarks Opposition Board Online Services

The CIPO uses a multifactor authentication for access/use of it’s online services.

Within the Trademark E-Services, you can:

  • File a new trademark application or certification mark application;
  • Amend a previously filed trademark application or certification mark application;
  • Create an application for International Registration (MeF);
  • Group goods or services (Nice Classification)
  • Submit the following types of General Correspondence:
  • Amendment to standard of a registered certification mark
  • Application to extend goods or services of a registration
  • Cancellation or withdrawal
  • Correction to entry in the register
  • Division of an application
  • Extension of time
  • Filing of Court Documents and Judgments (excludes opposition and section 45)
  • Geographical indication response
  • Merger of registrations resulting from a division
  • Notification of 3rd party rights
  • Payment of a fee
  • Prohibited mark response
  • Refund of a fee
  • Request for the Transformation of an International Registration
  • Request to Take Note of the Replacement of a National Registration
  • Response to a Letter of Remission
    • Seizure
    • Submit a Request for the Division of an International Registration (WIPO Form MM22)
    • Submit a Request for the Merger of an International Registration (WIPO Form MM24)
  • Submit the following types of ownership changes, agreements and agent appointments:
    • Change of name
    • Change of address
    • Change of name and address
    • Transfer of Ownership
    • Security agreement - Add
    • Security agreement - Amend
    • Security agreement - Remove
    • License agreement - Add
    • License agreement - Amend
    • License agreement - Remove
    • Appointment of Agent (agent's only)
    • Revocation of Agent
    • Change of agent's “attention to” (agent's only)
    • Request electronic correspondence (applicants only)
  • Register an application;
  • Renew a Trademark;
  • Pay an Adjusted Renewal Fee; and
  • Retrieve and view documents using the Trademarks Documents Retrieval Service (TDRS)

The Trademarks Office provides information regarding any changes or updates to their online service offerings via the Trademark Online Services - Release Notes page.

Within the Trademarks Opposition Board E-Services, you can:

  • Submit the following types of requests related to Opposition Proceedings:
  • Statement of opposition 
  • First extension of time for statement of opposition 
  • Statement of opposition extension of time 
  • Counter Statement  
  • Opponent Evidence  
  • Applicant Evidence  
  • Opponent Reply Evidence  
  • Opponent Written Argument  
  • Applicant Written Argument  
  • Oral Hearing Request  
  • Counter Statement Extension of Time  
  • Opponent Evidence Extension of Time  
  • Applicant Evidence Extension of Time  
  • Opponent Reply Evidence Extension of Time  
  • Opponent Written Argument Extension of Time  
  • Applicant Written Argument Extension of Time 
  • Oral Hearing Extension of Time  
  • Retroactive First extension of time for statement of opposition 
  • Retroactive Extension of time for statement of opposition 
  • Counter statement retroactive extension of time 
  • Opponent evidence retroactive extension of time 
  • Applicant evidence retroactive extension of time 
  • Opponent reply evidence retroactive extension of time 
  • Opponent written argument retroactive extension of time 
  • Applicant written argument retroactive extension of time  
  • Appointment of Agent - Opponent  
  • Appointment of Agent – Applicant
  • File an amended application
  • Submit the following types of General Correspondence related to opposition:
  • Request for Cross Examination Order  
  • Submission of Transcripts  
  • Submission of Undertakings  
  • Additional Evidence (Leave) (Opponent)  
  • Interlocutory Ruling  
  • Amended Statement of Opposition  
  • Amended Counter Statement  
  • Statement of Objection with respect to geographical indication 
  • Withdrawal of Opposition 
  • Application Withdrawn by Owner  
  • General Correspondence - Other 
  • Partial Evidence (Opponent)  
  • Partial Evidence (Applicant)  
  • Additional Evidence (Leave) (Applicant)  
  • Request for Cost Awards  
  • Response to request for Cost Awards  
  • Cost Awards extension of time  
  • Request for Confidentiality Order  
  • Submit the following types of requests related to Section 45 Proceedings:
  • Section 45 Notice  
  • Registered owner's evidence 
  • Requesting party's written representations 
  • Registered owner's written representations 
  • Requesting party's request for hearing 
  • Registered owner's request for hearing 
  • Registered owner's evidence extension of time 
  • Requesting party's written representations extension of time 
  • Registered owner's written representations extension of time  
  • Registrant Evidence Extension of Time  
  • Registrant evidence retroactive extension of time 
  • Requesting party representation retroactive extension of time 
  • Registrant representation retroactive extension of time  
  • Appointment of Agent - Requesting Party
  • Appointment of Agent - Registered Owner
  • Submit the following types of General Correspondence related to Section 45:
  • General Correspondence - Other  
  • Request for giving a notice under subsection 44(1)  
  • Withdrawal by the Requesting Party  
  • Request for Costs Awards  
  • Response to request for Cost Awards  
  • Costs Awards extension of time  
  • Request for Confidentiality Order 
  • Retrieve and view documents using the Trademarks Documents Retrieval Service (TDRS)
  • Look up a proceeding’s case history

III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE

Information on the following topics is desired:

Trademark Data

Trademarks data is available for download from the Canadian Intellectual Property Office website. The databank consisting of trademark, industrial design and patent applications filed with CIPO. Most products were designed for organizations that maintain their own IP databases, while the researcher datasets – a combination of CSV and TXT formats – provide easy access to data for ad hoc research and analytical purposes.

Trademarks Journal

The Trademarks Journal is produced on a weekly basis and is available in PDF format and can be downloaded (free of charge), viewed and printed. The electronic form of the Journal is the official version. All Trademarks Journals from January 2000 onwards are available online. The Journal contains applications which are advertised following approvals. These announcements include:

  • the date of the application;
  • the file number of the application/registration;
  • the name and address of the owner;
  • a representation of the trademark or necessary information for public inspection;
  • a statement of goods and/or services;
  • any priority claims.

Trademarks Practice Notices

Trademarks practice notices and Trademarks Opposition Board practice notices pertaining to Office Practices and Policies are available.

Trademark News

Clients can register to our email subscription service Canadian Trademark News to stay in touch with the latest trademarks developments at CIPO. These emails will include, but are not limited to:

  • updates to the Goods and Services Manual;
  • new consultations on trademarks;
  • practice notices on trademarks;
  • "What's New" announcements on trademarks posted on the CIPO website; and
  • announcements of online services updates.

Social Media

CIPO’s official social media platforms are:

Events

The CIPO uses Eventbrite for information activities about all products and services. IP related podcast, case studies and blog can be found on the CIPO website.

The following are some of the informational products available on the Canadian Intellectual Property Office website:

Other sources

IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE

Information on the following topics is desired:

In July 1999, an electronic trademark application filing component was added to allow a client to file their trademark application electronically over the Internet. The e-services are continuously expanding: Trademark Renewals, the payment of the Registration Fee, and the renewal can be performed electronically over CIPO’s online services.

On June 17, 2019, CIPO improved the trademarks online services to comply with the new modernized legislative framework. Furthermore, the Canadian Trademarks Databases has also been revamped with a partial new look and feel as well as new search features and new data elements, all driven from a series of engagement sessions with key Canadian stakeholders.

For all client front-ends, the information is checked for completeness, where the transaction is transferred automatically into the INTREPID II system following by an electronic acknowledgement (in PDF) via email to the client. CIPO continued to improve their electronic interactions by releasing two systems automations pertaining to the formalities of the trademark application as well as the renewal of the registered trademark. Both transactions no longer require user interventions, while the office response is issued automatically via email.

On June 17, 2019, CIPO launched their new Madrid Console, which assists CIPO to receive, examine and process international trademarks for which Canada has been designated. The console works as a workflow engine where the user can either notify a task by validating the data in INTREPID II system or perform a task with respect to a Protocol Application/Registration of a Madrid designation. The console is also designed to process the monthly financial transaction from WIPO.  For Canadians wishing to register their trademarks in any of the contracting parties of the Madrid Protocol by filing an application for international registration (AIR), CIPO adopted WIPO’S Madrid e-Filing (Mef) to submit an AIR through a basic application or registration.

The Trademarks Branch utilizes an end-to-end trademark processing system, INTREPID II, and the system became fully operational in November 1996. INTREPID II operates in a client/server environment. The INTREPID II system is a client/server system with the client component developed with Team Developer (Gupta SQL Windows 2010), and the UNIX (AIX) server using Oracle RDMS V19c database. Windows file servers are used for electronic mail and for sharing common files during development. A NFS disk area on the main server is used to hold the design images. This allows client workstations to access the designs within the client interface, while storing all design images under the control of the main server. All trademark employees have access to the system via an internal, Local Area Network (LAN).

The system contains bibliographic trademark data dating from the beginning of Canada's trademark management system in 1864, including pending and registered trademarks, trademark designs, outgoing correspondence and trademark notices and inactive marks from 1979 to date in electronic form. INTREPID II is used within the office to manage the overall trademark process, including examination, opposition, assignments and renewals, and is able to make process decisions automatically. The system supports such specific office processes as preparing correspondence, updating information, preparing and transmitting notices electronically.  Since the treaty's accession in 2019, the Madrid Console serves as a workflow system to manage WIPO’s transactions on a weekly on a monthly basis. The console is interconnected to INTREPID II system.

Canada no longer maintains a manual search file. All trademark information is maintained within the INTREPID II database system and contains over two million marks (2,410,158). This information is provided to various external search services.

The Trademarks Office continues their digitization efforts to capture all the trademark paper files. As they become available, the digitized documents are added to Trademarks Document Retrieval Service (TDRS).

The trademark information is disseminated in WIPO ST.96 XML format.

Canadian Trademarks Search Database (CTD)

CIPO offers a search tool to query the database, namely, the Canadian Trademarks Search Database which is updated on a weekly basis.

The Canadian Trademarks Search Database is available to the public on the Internet via the CIPO website. This version of the database is comprised of all active and many inactive marks that were either applied for or registered pursuant to the current Trademarks Act or former trademark legislation. The database also includes all trademarks that were cancelled, expunged, abandoned or refused after 1979, and some marks that were cancelled, expunged, abandoned or refused prior to 1979. Since the coming into force of June 17, 2019, the CTD also contains the International Registration. Clients can search in both English and French, ensuring that their search query includes more terms, thereby resulting in an increased results list.

The clients have access to the latest versions of the electronic records. From the search result the client can directly access the electronic documents related to a specific trademark via the Trademarks Document Retrieval Service.

Trademarks Executive Information System (EIS)

The INTREPID II system is integrated with an improved version of the previous Trademarks Executive Information System (EIS). The EIS system permits detailed and comprehensive tracking and monitoring of trademark processes. The EIS system provides daily information on production volumes and turnaround times for trademark processes. The EIS system is available via the Intranet to allow broader access to reports within the Office.

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION

Information on the following topics is desired:

The Office makes trademark information available to the public in a variety of ways:

  • Public access to the trademark electronic processing system (INTREPID II) is available in CIPO’s Client Service Centre.
  • The Canadian Trademark Search Database is available to the public on the Internet via the CIPO web site.
  • The Trademarks Document Retrieval Service (TDRS) is available to view electronic copies of all incoming and outgoing documents.
  • The official index that is required to be kept under the supervision of the Registrar of Trademarks pursuant to subsection 28(1) of the Trademarks Act, is accessible in the Canadian Trademarks Search Database on the CIPO Internet site.

The following trademark reference material and databases are available to the public via the CIPO web site:

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION

Information on the following topics is desired:

CIPO is presently providing trademark data in XML ST.96 format, to a number of external database search providers and IPOs including weekly updates of Trademark data and design images.

CIPO attends the WIPO Madrid Working Group on a yearly basis where all of the members of the Madrid System discuss various items.

CIPO participates in the Madrid eFiling International Working Group which is comprised of members from all of the IPOs that are currently using the WIPO developed Madrid eFiling system. The working group discusses areas for improvement and proposals for change to present to WIPO.

VII. ACTIVITIES RELATING TO THE IMPLEMENTATION OF WIPO STANDARDS CONCERNING TRADEMARK INFORMATION

Note: For each Standard listed below, please enter one of the following values: 

  • "Implemented";
  • "On implementation phase";
  • "Planning to implement";  and
  • "No plan to implement"


WIPO Standard ST.3: Two-letter codes for the representation of states, other entities and organizations

Implemented.


WIPO Standard ST.13: Numbering of applications for IPRs

Implemented.


WIPO Standard ST.60: Bibliographic data relating to marks

No plan to implement.


WIPO Standard ST.61: The exchange of trademark legal status data 

Planning to Implement.


WIPO Standard ST.63: Content and layout of trademark gazettes

No plan to implement.


WIPO Standard ST.66: Processing of trademark information using XML

No plan to implement.

Canada has adopted ST.96 for the processing of trademark information using XML.


WIPO Standard ST.67: Electronic management of the figurative elements of trademarks

Implemented. All image files are stored in PNG format


WIPO Standard ST.68: Electronic management of sound marks

Implemented. All sound files are stored in MP3 format


WIPO Standard ST.90: Recommendation for processing and communicating Intellectual Property data using Web APIs (Application Programming Interfaces)

Implemented. Information exchange with MeF (Madrid Electronic Filing).


WIPO Standard ST.91: Recommendations on digital three-dimensional (3D) models and 3D images

Planning to implement.


WIPO Standard ST.96: Processing of Industrial Property information using XML

Implemented.

Other WIPO Standards Related to Trademarks

Note: Please list any other WIPO Standards related to trademarks (not mentioned above) that your Office or Organization has implemented, is currently in the process of implementing, or plans to implement in the future.  For each Standard, please indicate the implementation status with an option: Implemented, On implementation Phase or Planning to Implement.

None

VIII. OTHER RELATED MATTERS 

None





  • No labels