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Септември 09, 2014 news_website

Now available: double electronic signature for joint requests in oppositions

No more attachments and no scanning needed, OHIM's double electronic signature for joint requests can help you save time. If you are involved in an opposition, you and the other party can electronically submit a joint request to OHIM to ask for a change in the proceedings.

Even in an opposition process, the two opposing parties may agree on certain issues. Very often, the two parties agree on matters such as the extension of the cooling-off period or the extension of time limits. In other cases, they would like to request a suspension of the proceedings or even extend this suspension. According to OHIM's legal practice, when this type of request is submitted by the two parties and the request observes the established time limits, it is accepted by the Office.

However, until the new website was launched, the party submitting the request electronically also had to attach two manuscript signatures. This can now all be done electronically.

Why the move to a double electronic signature?

Because it is simpler. First, you do not have to ask the other party to send you a manuscript signature. Second, you do not have to juggle with any attachments or scan any documents. One click and your request for joint signature is sent to the other party.

Because it is quicker. With the double electronic signature, data does not need to be keyed in at OHIM, so the Office can deal with your request swiftly.

How do I send a joint request to the other party electronically?

First, you need to click on the relevant opposition on the 'Opposition' tab in your User Area. This will open up the detail view of the trade mark in eSearch plus.

Dashboard section in the User Area

Next, scroll down to the 'Actions' section and choose the relevant action.

Actions sention in eSearch plus

You will be asked whether you would like to submit a joint request. Click 'Yes'.

Request for extension of the current time limit

You will then be asked whether you would like to send the request to the other party. Click 'Yes' again.

Send the request to the other party

Click 'Continue'. The next screen gives you several options. If you would like to submit the joint request click 'Send to the other party'.

Request for extension of the current time limit (to be confirmed by the other party)

This will take you to the confirmation screen from where you can print off the request for your records.

Joint request details

Click on 'Finish' and the joint request will be sent to the other party. However, please note that OHIM will not receive the request until the other party has signed it.

Once you have submitted the request, a new section will appear on the trade mark file concerned called 'Other party direct communication'.

Other party direct communication

You will see that there are two possible actions: to view the request or to cancel it.

Cancel the request

If you cancel the request, the joint request will be deleted. Please note that you will not be able to delete a joint request if it has already been accepted by the other party.

What will the other party receive?

Once you submit your request, the other party will receive an alert in the 'Alerts' inbox in their User Area.

Alerts section in the User Area

The other party should then go to the relevant trade mark and scroll down to the opposition section - 'Other party direct communication' - to view the request.

View the request

From there, the other party can view, accept or cancel the request.

You will then receive an alert in your 'Alerts' inbox to inform you whether the other party accepts or rejects the request.

To learn about this and other features of OHIM's website, please visit our Help Centre.

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