05 July 2022

Trademark Pre-assessment Letters

In a 6-Apr-2022 email sent to subscribers to its Canadian Trademark News, CIPO announced “...the use of automated analysis related to goods, services and Nice classification information to help decrease the inventory of applications awaiting examination by the Office1 and improve overall wait times to registration in Canada”.

Accordingly, on 23-Mar-2022, CIPO began sending “Pre-assessment Letters” on national (non-Madrid) Canadian trademark applications in furtherance of its “work to significantly improve wait times and move towards becoming a premiere Trademarks Office”.  The letters reflect the results of the aforementioned automated analysis.

128,901 pre-assessment letters have been sent as of 01-Aug-2022.  Those letters reflect the pre-assessment results tabulated below:

Pre-Assessment as of 01-Aug-2022

Pre-assessment letters reflecting Acceptable Goods or Services inform the applicant that “As a result of the analysis, the examination of this application will be accelerated.  No further action is required and this application will be distributed for examination in priority sequence in due course.”  1,783 such applications have been advertised; 1,142 have been approved for advertisement; 9 have been opposed; 86 have matured to registration and 1 is pending registration as of 01-Aug-2022, .   The following table reflects the current status (as of 01-Aug-2022) of all applications on which pre-assessment letters have been sent.

01-Aug-2022 Pre-Assessed Application Status

2,809 applications have received 2 or more pre-assessment letters as of 01-Aug-2022; for example 4 separate letters have been sent in respect of application no. 1953416 although only 3 of them appear via CIPO’s online trademark database for reasons that are explained in this post.

CIPO’s online trademark database displays “Pre-Assessment Letter Sent” Action History events as highlighted in this example from application no. 1965964:

Pre-Assessment Letter Sent

The corresponding <tmk:MarkEvent> element within CIPOs trademark .xml data is shown in the next image (from the 04-Apr-2022 version of CIPO’s .xml file for application no. 1965964 - click to enlarge the image):

"Pre-Assessment Letter Sent " xml element



1 As of 01-Aug-2022 there are 190.610 applications in CIPOs backlog of applications awaiting examination.