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06.05.2010 14:46

Proposed change on opposition suspensions and extensions

OHIM is proposing a change in practice with regard to suspensions and extensions of time in opposition proceedings.

If a suspension is requested by the opposition parties, the office proposes in future to grant it for a period of one year (instead of variable periods at present). Subsequent requests will be granted for the same period. During all suspensions any party will be able to opt out and bring the suspension to an end. With regard to extensions, it is proposed that any first request for an extension, which is received in time, will always be granted. However, any subsequent request for an extension of the same period of time will be refused, unless there is demonstrably a situation of force majeure for the party requesting the second extension.

OHIM’s note presented at OAMI Users Group meeting on 15 March 2010 can be found at the Paper section of the OHIM Link Committee.

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