Tuesday, May 4, 2021 Anyone who has filed a trademark application in Canada over the past number of years has probably noticed the extraordinary length of time it takes to obtain an examination report, allowance, and registration. With the move to online electronic filing of applications and state-of-the-art technology, why is there such a delay in Canada for the prosecution of trademark applications? Even before the pandemic hit, there was a lack of trademark examiners in Canada in proportion to the number of filings, and the COVID-19 crisis has only served to exacerbate delays. As a consequence, it is taking a considerable amount of time for an examiner to review a newly filed application; therefore, new applications are building up into a seemingly insurmountable mountain of backlog awaiting review. Currently it takes about 18 to 24 months or more from the application filing date for an examiner to review a new trademark application and to issue either an examiner’s report or a notice of approval, and this can severely impact the ability of trademark owners to address and take action against instances of infringement, piracy, and counterfeiting of their goods/services, as well as hamper efforts of these owners to register and protect their trademarks on online marketplaces and other platforms. Not surprisingly, the delays have been a source of frustration for trademark owners.