Who can apply
To submit a Request for Assistance (RFA) application, you must be a legitimate Canadian rights holder. Trademarks must be registered with the Canadian Intellectual Property Office (CIPO). It is recommended that copyright also be registered with CIPO. For more information on registering a copyright or trademark with CIPO please visit its webpage at www.cipo.ic.gc.ca.
How to apply
Requesting help from the Canada Border Services Agency (CBSA) is optional. To apply, you must complete and submit the application form. The information you provide will be used to determine your eligibility. You should also review the Privacy Statement, the Consent and Certification on the application form.
Each rights holder must complete a separate form. There is no registration fee, but trademark rights holders must be registered with CIPO to apply.
The application process takes approximately four to six weeks. Send completed application forms to the following address:
CBSA Intellectual Property Rights Program
Commercial Registration (HQ)
191 Laurier Avenue West, 12th Floor
Ottawa, ON K1A 0L8
Or email the scanned copy of your completed application form to: email@example.com
Once your eligibility has been confirmed, you will receive an approval letter outlining specific program details.
As a registrant of the CBSA's Intellectual Property Rights program, you agree to comply with Canadian laws and regulations. You also agree to make sure that all information you provide to the CBSA is accurate and reflective of trademark or copyright information provided to CIPO.
By filing an RFA you acknowledge that you become liable to the government for any costs related to storage, handling and destruction of detained goods that arise, beginning the day after a notice of detention is sent to you.
You must respond quickly to CBSA notices and take appropriate steps to ensure your intellectual property rights are upheld. If you do not respond in a prompt manner, you may have to pay more for storage costs. Unnecessary delays may be taken into account when determining your eligibility for renewal in the Intellectual Property Rights program.
The CBSA may, as a condition of accepting an RFA or extending a request's period of validity, require that the copyright and/or trademark owner provide a bond in an amount and form decided by the CBSA, for the payment for any storage, handling and destruction costs incurred for detained goods that arise beginning the day after a notice of detention is sent to you.
Change of information
You must notify the CBSA immediately if:
- Your contact information changes (including address, telephone number);
- Circumstances change that may affect your copyright and/or trademark registration with CIPO or the CBSA (such as a change in ownership of that copyright and/or trademark or its expiration).
RFA applications remain valid for two years. After that, you will need to renew your enrollment with the CBSA.
The CBSA will not issue reminders that RFAs are about to expire. It is the right owner's sole responsibility to ensure renewal requests are received in time for processing.
Adherence to the CBSA's guidelines
You must comply with the CBSA's Intellectual Property Rights conditions and guidelines. If you do not comply, the CBSA may not be able to administer your RFA; non-compliance with reasonable conditions or guidelines could potentially be considered in civil actions involving suspect goods; and your future renewals may be affected.
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