COVID-19 – Guidance Note on time limits after end of extension period

Guidance Note on time limits after end of extension period

As a response to the exceptional circumstances created by the COVID-19 outbreak, the Executive Director of the EUIPO issued Decision No EX-20-3 and the consequent Decision No EX-20-4, both of which concern extension of time limits in proceedings before the Office.

As of 18 May 2020, those extensions come to an end. It is possible that some users may still face difficulties due to the COVID-19 outbreak. To provide them with further guidance on the usual means of dealing with time limits provided for in the applicable Regulations (EUTMR, EUTMDR, EUTMIR, CDR, CDIR), the following clarifications are issued.

AVAILABLE REMEDIES

Time limits are an essential tool for conducting orderly and reasonably swift proceedings. Compliance with them is necessary to ensure clarity and legal certainty. The procedural instruments listed below mitigate the rigorous application of the principle of strict observance of time limits and are available upon request by the parties of proceedings before the Office.

I. EXTENSION OF TIME LIMITS (Article 68 EUTMDR and Article 57 CDIR)

The time limits laid down directly by the Regulations are mandatory and cannot be extended at the request of the parties (although for some exceptions to this rule, please see section IV Restitutio In Integrum below). However, time limits determined by the Office in ongoing proceedings can be extended under certain circumstances. Upon receipt of a reasoned request, the Office may grant an extension of a time limit it has set. The request must be submitted by a party to the proceedings and before the time limit in question expires. An extension can be granted in:

• ex parte proceedings (i.e. where one party is involved, such as in the examination of the classification or absolute grounds for refusal of a European Union trade mark application). An extension may be granted upon request of the party, depending on the circumstances of the case. The extension cannot exceed six months for any given request. The first request for an extension will be considered appropriate without a detailed justification. However, this does not prevent parties from asking for an additional extension if exceptional circumstances warrant it.
• inter partes proceedings (i.e. where there are two or more parties involved, such as in opposition, invalidity and revocation proceedings). In these types of proceedings the first request for an extension will be considered appropriate without a detailed justification and will be granted for a period one to up to six months. Second and subsequent extensions of the same time limit, for a period of up to six months for each extension, can be granted if the party requesting it can explain the presence of exceptional circumstances that prevent it from observing the time limit. The Office may subject the extension of a time limit to the agreement of the other party.

Difficulties arising from measures taken by public authorities against the pandemic caused by the COVID-19 outbreak or instances of sickness of the party or its representative for the same reason do constitute exceptional circumstances that will be considered appropriate by the Office for granting second and subsequent extensions of the same time limit.