22 June 2023

Status Update: 4 years post CIF

This post examines the status—as of  CIPO’s 20 June 2023 data refresh—of the 295,435 applications CIPO has received over the past 4 years since coming into force (CIF) of the 17 June 2019 amendments to the Trademarks Act, RSC 1985 c. T-13.

The amendments made many changes to Canada’s trademark regime, including facilitating Canadian trademark protection pursuant to the Madrid Protocol.  85,965 inbound Madrid applications and 209,470 non-Madrid (i.e. national) applications have been filed since CIF.  This table breaks the filings down by current status for each rolling year (June 17th of one year through to and including June 16th of the following year).  Click the table or chart images below to enlarge them.

post-CIF filings status as of 20-Jun-2023

For example, the CIPO Status row labelled “Registered” indicates that as of 20 June 2023:

  • 11,765 (about 60%) of the 19,442 Madrid applications filed in the 1st year post-CIF (between 17 June 2019 and 16 June 2020) have matured to registration;
  • 13,712 (about 29%) of the 48,072 non-Madrid applications filed in the 1st year post-CIF have matured to registration;
  • 7,302 (about 31%) of the 23,298 Madrid applications filed in the 2nd year post-CIF (between 17 June 2020 and 16 June 2021) have matured to registration;
  • 16,281 (about 27%) of the 60,033 non-Madrid applications filed in the 2nd year post-CIF have matured to registration;
  • 1,330 (about 5%) of the 25,094 Madrid applications filed in the 3rd year post-CIF (between 17 June 2021 and 16 June 2022) have matured to registration;
  • 2,299 (about 4%) of the 53,239 non-Madrid applications filed in the 3rd year post-CIF have matured to registration;
  • 7 (about .04%) of the 18,131 Madrid applications filed in the 4th year post-CIF (between 17 June 2022 and 16 June 2023) have matured to registration; and
  • 92 (about .2%) of the 48,126 non-Madrid applications filed in the 4th year post-CIF have matured to registration;
and that overall:
  • 20,404 (about 24%) of the 85,965 Madrid applications filed in the 4 years post-CIF (between 17 June 2019 and 16 June 2023) have matured to registration; and
  • 32,384 (about 16%) of the 209,470 non-Madrid applications filed in the 4 years post-CIF have matured to registration.
The charts below graphically depict the overall results for the ten status descriptors listed in the chart legends for cases filed in the 4 years post-CIF.  Comparison of the charts provides a visual indication of the extent to which unexamined non-Madrid applications are backlogged relative to Madrid applications1.  Bear in mind that this does not show the full extent of the backlog, which still includes several thousand cases filed before CIF.

Chart: post-CIF filings status as of 20-Jun-2023



See CIPO’s examination backlog—the Madrid effect.

Comparison of the filing totals tabulated in the previous posts reveals some apparent discrepancies. For example, Status Update 3-Years Post-CIF indicates that 23,263 Madrid applications were filed in the 
2nd year post-CIF, whereas the tabulation above indicates that 23,298 such applications were filed.  The filing date of an inbound Madrid Protocol application is deemed to be the international registration date of the corresponding Madrid registration.  It can take weeks or months for a Madrid application to arrive at CIPO.  Accordingly, a count of Madrid filings may change depending on when the count is done.  As another example, Status Update 3-Years Post-CIF indicates that 59,995 non-Madrid applications were filed in the 2nd year post-CIF, whereas the above tabulation indicates that 60,033 such applications were filed.  The 38 application difference can be due to various factors, e.g. a brief delay in assigning filing dates to applications filed very close to the beginning or end of the 2nd year post-CIF.  Also, some 2nd year post-CIF applications may have spawned divisional applications which are deemed to have the same filing date as the parent application, thus retroactively increasing the count of 2nd year post-CIF applications.  Conversely, extension (and, upon request, divisional) applications which mature to registration are merged into the parent registration, thus  retroactively reducing the count of applications filed over an interval which includes the filing dates of the merged applications.↩