According to the Canada Intellectual Property Office (CIPO), if an applicant need to make a claim of priority based on previous filed application, a declaration must be filed, and this application must incorporate the date and country of filing of the earlier application. This document must be filed with the Registrar of Trade Marks within a period of six months after the date on which the earliest application was filed. This six month period is an important key of these rules about Priority Claims. Each declaration may be filed in one of these ways:
- by including the declaration in an application as originally filed, provided that the subsequent application is filed within the above-noted six-month period;
- by amending an application to include the declaration, provided that the amendment is made within the six-month period;
- by filing a separate declaration in respect of an application at any time within the six-month period.
With this document CIPO is trying to establish new and more efficient processes for new applications, especially for those that may be problematic or victims of Trade Mark Hijacks. That’s the main reason behind the 6 month period.
The original article about these new policies can be found HERE, and there you will get more detailed information about Priority Claims related to Intellectual Property Canada.
If you want, it’s possible to Register Intellectual Property in Canada trough us. Just visit the previous link.
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