Since June 2019, Canada is member of the Madrid Protocol. We have now received the first document from the Canadian authorities, but only a so-called “courtesy letter”. Canada apparently follows the US practice and informs the trademark owners that Canada will only contact the trademark owner directly or a Canadian appointed legal representative. This practice is quite inconvenient for IR mark lawyers, since they only get the official notifications from WIPO, whereas the specific Canadian office action will be sent directly to the client, who will have to forward it then.

Practical impact

Canada follows the US practice and contacts the trademark owners directly. Still, the important notifications will have to be sent to WIPO and the respective appointed IR trademark lawyer.