The Canadian Intellectual Property Office (CIPO) has announced that it has further extended deadlines to June 15, 2020.
On account of the continuing unforeseen disruption caused by the COVID-19 outbreak, and being satisfied that it is in the public interest to do so, the Commissioner of Patents, under subsection 78(2) of the Patent Act; the Registrar of Trademarks, under subsection 66(2) of the Trademarks Act; and the Minister, under subsection 21(2) of the Industrial Design Act, have designated for the purposes of subsection 78(1) of the Patent Act, subsection 66(1) of the Trademarks Act and subsection 21(1) of the Industrial Design Act all days in the period of time beginning on June 1, 2020, and ending on June 12, 2020. This designation is in addition to the previous designations of the days in the period beginning on March 16, 2020, and ending on May 29, 2020.
The result of designating these days is that if a time period fixed under the Patent Act, Trademarks Act and Industrial Design Act in respect of any business before CIPO for doing anything ends on any of these designated days, that time period is extended to the next day that is not either a designated day or a day that has been prescribed under section 5 of the Patent Rules, section 15 of the Trademarks Regulations and section 36 of the Industrial Design Regulations. This means that all such time limits ending on any of these designated days will now be extended until June 15, 2020.
According to CIPO, the Registrar is committed to ensuring that parties before the Trademarks Opposition Board (TMOB) are able to obtain extensions of their deadlines affected by COVID-19.
The Registrar has designated the days falling between March 16 and June 12, 2020 pursuant to section 66 of the Trademarks Act. The effect of this is that any deadlines set in the Trademarks Act, Trademarks Regulations or by the Registrar in a proceeding before the TMOB that fell between March 16 and June 12, 2020 now fall on June 15, 2020 (see section 66(2) of the Act and section 2 of the Regulations which allows for extensions of periods and deadlines fixed under the Act and Regulations, including any deadlines in opposition, section 45, and objection proceedings). For deadlines falling after the end of designated days, the Registrar will consider the disruption caused by COVID-19 a sufficient circumstance to obtain an extension of time under sections 47(1) and 47(2) of the Act upon request. The Registrar may also use its discretion under section 47(1) to extend deadlines on its own initiative if it is in the interests of justice to do so.