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Time Limits and Deadlines

 












Time limits before the Office can be divided into two categories:
  • time limits laid down by EU trade marks regulation (EUTMR) and EUTMIR or Community design regulation and CDIR, which are therefore mandatory;
  • time limits specified by the Office, which can be extended under certain circumstances.
For more information about EU trade mark time limits, see the Guidelines, Part A, General Rules, Section 1, Means of Communication, Time Limits.
For more information about Community design time limits, see the Guidelines, Part A, General Rules, Section 1, Means of Communication, Time Limits.

With the exception of the time limits expressly specified in the EUTMR or EUTMIR, the time limits specified by the Office, when the party concerned has its domicile or its principal place of business or an establishment within the EEA, are between 1 month and 6 months. When the party concerned does not have its domicile or principal place of business or an establishment within the EEA, the time limits are between 2 months and 6 months. The general practice is to grant 2 months.
With the exception of the time limits expressly specified in the Community design regulation and CDIR, the time limits specified by the Office, when the party concerned has its domicile or its principal place of business or an establishment within the EEA, are between 1 month and 6 months. When the party concerned does not have its domicile or principal place of business or an establishment within the EEA, the time limits are between 2 months and 6 months. The general practice is to grant 2 months.

In ex parte proceedings as well as in inter partes proceedings (where there are two or more parties involved) the requests for extension have to be made before the time limits expire.
For more information on EU trade marks regarding inter parties proceedings and extension of time limits, see the Guidelines, Part C, Opposition, Section 1, Procedural Matters. For more information on Community design on this matter, see the Guidelines, Examination of Design Invalidity Applications, paragraph 4.1.6.

If the time limit has expired, the party who has missed it may still have two possible courses of action:
  • it can either request continuation of proceedings (pursuant to Article 105 EUTMR), which only requires meeting certain formal requirements;
  • it can request restitutio in integrum (pursuant to Article 104 EUTMR for EU trade marks and pursuant to Article 67 Community design regulation for Community designs), which requires meeting formal and substantive requirements (such as showing all due care).
For more information, see the Guidelines, Part A, General Rules, Section 8, for Restitutio in Integrum.

Notice of opposition has to be filed within 3 months following the publication of the EU trade mark application in Part A of the EU Trade Marks Bulletin.

A notice of appeal has to be filed within 2 months of the date of notification of the contested decision, and the grounds for appeal have to be presented within 4 months from the same date of notification.

If the EU trade mark application is refused by decision of the Office or the EU trade mark ceases to have effect as a result of a decision of the Office or of an EU trade mark court, the request for conversion must be filed within 3 months of the date on which that decision has become final.

The request for conversion must be filed within 3 months of the date on which the EU trade mark application has been withdrawn or on which the EU trade mark ceases to have effect.

Where the EU trade mark application or Community design application does not satisfy the requirements of the EU trade mark regulation or Community design regulation, the Office will request the applicant to remedy the deficiencies or the default on payment within 2 months of notification of the deficiency.

There is no time limit for submitting an application for revocation of the rights of the proprietor of an EU trade mark or for a declaration that the trade mark is invalid.

There is no time limit for submitting an action for declaration of the invalidity of a Community design.

The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. Please consult the European Union Trade mark and Community Design Regulations or Trade mark / Design Guidelines for further details.

For more information about how the Office handles your personal data, please consult the Data Protection Statement.
 

Page last updated 11-05-2018
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