CIPO Office Action Response
You received an Office Action from CIPO and have six months to respond. Onley Law assesses the examiner’s objections, drafts a response with legal argument and supporting evidence, files with CIPO, and follows the application through to allowance.
We respond to Office Actions on confusion grounds, descriptiveness, improper Nice classification, and many other common objections. Time-sensitive: do not let the deadline lapse.
What’s Included
- Review of the Office Action, the underlying application, and the cited references
- Analysis of the examiner’s reasoning and the strength of each objection
- Strategy consultation on respond-and-argue vs amend vs withdraw
- Drafting the written response with legal argument and supporting evidence
- Filing with CIPO within the response deadline
- Follow-up correspondence if the examiner has further questions
- Status updates through to allowance or further objection
Six Months to Respond
The CIPO response deadline is six months from the date of the Office Action. Missing the deadline causes the application to be abandoned.
Fixed or Hourly Quote
Simple objections are usually a fixed fee. Complex multi-issue Office Actions may be quoted hourly. We confirm scope and quote within one business day.
Trademark Agent Led
Office Action responses are drafted and filed by Trish Sawhney, a registered Canadian Trademark Agent and Associate Lawyer at Onley Law.
How It Works
Office Action Review
You send us the Office Action and your application. We assess each objection, the cited references, and the strength of the examiner’s case.
Strategy Consultation
We discuss options: argue against the objection, amend the application, narrow the goods or services, or withdraw certain classes. You decide; we execute.
Response Drafting and Filing
We draft the response with legal argument and any required evidence, then file with CIPO within the deadline.
Follow-Up to Allowance
We monitor for further objection, respond if needed, and confirm allowance once the examiner is satisfied.
Frequently Asked Questions
What is a CIPO Office Action on a trademark application?
An Office Action is a written objection from a CIPO trademark examiner identifying issues with your application. Common grounds include likelihood of confusion with an existing mark, descriptiveness or non-distinctiveness, improper Nice classification, or insufficient distinctiveness for the goods or services claimed.
How long do I have to respond to a CIPO Office Action?
You have six months from the date of the Office Action to file a response. Extensions are possible in some cases but are not automatic. Failure to respond within the deadline (and any extension) results in the application being abandoned.
What happens if I do not respond to an Office Action in time?
If you miss the six-month response deadline, your application is treated as abandoned. To re-pursue the same mark, you would generally need to file a new application from scratch, including paying CIPO fees again. The original filing date is lost, which can matter for priority disputes.
What are the most common grounds for a CIPO Office Action?
The most common grounds are: likelihood of confusion with a pending or registered mark; descriptiveness or non-distinctiveness; improper Nice Classification of the goods or services; suggestion of geographic origin; and inappropriate use of restricted terms. Many Office Actions raise multiple grounds simultaneously.
Can I respond to a CIPO Office Action myself?
If you filed the application in your own name and reside in Canada, you can respond yourself. But CIPO Office Action responses require legal argument and may require evidence (such as affidavits showing acquired distinctiveness). A poorly drafted response can be fatal to the application even if the underlying objection was arguable.
How much does an Office Action response cost?
Costs vary by complexity. A single straightforward objection is typically a fixed fee. Multiple objections, complex confusion analysis, or required evidence (such as affidavits or consumer survey evidence) move the work to hourly billing. We confirm scope and quote within one business day of seeing the Office Action.
Office Action Received? Do Not Wait.
Send us the Office Action and your application number. We will provide a fixed-fee or hourly quote within one business day. Six-month deadline applies.
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