Hire an agent = ensure that you receive correspondence.
Unless the applicant designates a Canadian trademark agent of record for the Canadian application, all correspondence on the application will be sent directly to the applicant and not to their non-Canadian trademark attorney.
This issue is dealt with by a ‘courtesy letter’ from the Canadian Intellectual Property Office sent to the applicant (not their agent) several months after the application is filed.
This creates a substantial risk that Examiner’s Reports (office actions) and other correspondence sent directly to the applicant rather than the trademark attorney responsible for the filing may not be properly identified and acted on in a timely fashion. If a proper response is not received in a timely manner, the application can be deemed abandoned.
In addition to Examiner’s Reports on pending applications, the imperative to receive correspondence properly relates to allegations of infringement and related litigation, enforcement on Amazon.ca, and cancellation proceedings for both non-use and non-entitlement.
If you are a non-Canadian trademark attorney and want to ensure that you receive all correspondence on your International Applications designating Canada in a timely and accurate manner, you need to designate a Canadian trademark agent for each application.
We can help. We offer a flat fee ‘agent of record service’.
For the flat fee of $100, we will designate ourselves as the agent on the application, and will ensure that all correspondence is forwarded to you promptly upon receipt. No further fees of any kind will be incurred, unless you specifically request further assistance (for instance, responding to office actions).
With this service all future correspondence issued will be forwarded to you via email without advice and/or docketing. It remains your responsibility to monitor the application and we take no responsibility for any correspondence not received from CIPO or subsequently missed deadlines. Of course, we would be pleased to assist with monitoring and advising on the progress of the application at our usual full-service rate – contact us for more details.
To engage us, use the form below.