Annual Technical Report on Trademark Information Activities in 2023 submitted by Canadian Intellectual Property Office


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

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

In 2023, Canada launched a new online service called the Trademarks Document Retrieval Service (TDRS). This new service permits online access to Trademark and Trademark Opposition Board documents the Office has available within their system from anywhere in the world.

In addition, 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 sends 75% of its outgoing correspondence electronically.

Trademarks 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.

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


III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE

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

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:

  • 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

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 V11g database with plans to upgrade to V19c. 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 (2,326,366). 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

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

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.