Subsection 29(1) of the Trade-marks Act provides that certain documents, including the documents on which the registers are based and all applications, including those that have been abandoned, shall be open to public inspection during business hours. It further provides that the Registrar shall provide a certified copy of any documents or applications upon request and payment of the prescribed fee. The Office does not consider that the intent of subsection 29(1) is a requirement for the Registrar to keep all documents in perpetuity, as this is both costly and unmanageable.
Accordingly, the Office has reviewed its practice for storing paper records relating to inactive trademark applications and registrations. In compliance with a disposition authority from the Library and Archives of Canada, effective xxxx, the Office will securely dispose of all paper records for:
- Applications that have been refused;
- Applications that have been abandoned; and
- Registrations that have been expunged from the Register
six (6) years following either the date on which the application was refused, or abandoned, or the registration was expunged from the Register, or the date of a final judgment in an appeal.
Electronic records in the Canadian Trademarks Database will be retained and will remain available on the CIPO website.
Note: This practice notice is intended to provide guidance on current Trademarks Office practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed.