6-3-1 Associations

Hint

Non-compliance with a given time limit will necessarily lead to the rejection of submissions made after its expiry, meaning that belated evidence, observations, or proof of use will not be taken into account, with all the adverse consequences this might entail for the party concerned.

The opponent will be given a time limit of two months after the expiry of the cooling-off period to submit facts, evidence or arguments irrespective of whether it has already submitted such facts, evidence or arguments together with the notice of opposition

Hint

Any time limit will be deemed to expire at midnight on the last day (local time in Alicante, Spain).

If the Office sets a two-month time limit in a communication which is notified by fax on 28 June, the time limit will expire on 28 August. It is immaterial whether the ‘relevant event’ occurred on a working day or holiday or Sunday; that is relevant only for the expiry of the time limit.

Hint

The Office can extend a time limit on its own initiative, if and when particular reasons  make it necessary.

The Office invites the opponent after the expiry of the opposition period to remedy any relative deficiency within a non-extendable time limit of two months, failing which the opposition will be rejected as inadmissible.

A time limit cannot be extended if its length is set by the Regulation. Non-extendable time limits include: the two-month time limit to remedy deficiencies according to Rule 17(4) EUTMIR.

Hint

In ex parte proceedings before the Office, if before the expiry of a time limit a request is made for its extension, then a further time limit should be allowed for a period depending on the circumstances of the case, but not exceeding six months.

Hint

Any subsequent request for an extension of the same time limit will be refused, unless the party requesting it duly explains and justifies the exceptional circumstances that prevented it from meeting the original time limit and the first extension and why a further extension is necessary. General or vague explanations will not justify a second extension.

Hint

As a general rule, the first request for an extension that is received in time will be considered appropriate and will be granted for a period of two months (or less if so requested).

An extension of the time limits may be granted if the request is made by the party concerned before the original time limit expires.

The cooling-off period may last up to a total of 24 months if both parties submit requests for an extension before the period expires. The Office will grant an extension of 22 month

Hint

If the time limit is still running, the party may request an extension of the time limit pursuant to Rule 71(1) EUTMIR.

Hint

Any subsequent request for an extension of the same time limit will be refused, unless the party requesting it duly explains and justifies the exceptional circumstances that prevented it from meeting the original time limit and the first extension and why a further extension is necessary. General or vague explanations will not justify a second extension.

Hint

If the time limit is still running, the party may request an extension of the time limit pursuant to Rule 71(1) EUTMIR.

The opponent may request an extension of the deadline in accordance with Rule 71 EUTMIR. The common practice on extensions is applicable to these requests.

Hint

According to Article 82(1) EUTMR, any party to proceedings before the Office that has omitted to observe a time limit vis-à-vis the Office may, upon request, obtain the continuation of proceedings, provided that at the time the request is made the omitted act has been carried out.

If an appellant is unable to observe one of these deadlines, the only option available is to submit an application for the re-establishment of rights (known as an application for restitutio in integrum), provided that the requirements for submitting such an application are fulfilled. That is to say, the person concerned must prove that all due care required by the circumstances was taken in order to observe the deadlines; the application for restitutio must be filed within two months of the removal of the cause of non-compliance with the time limit, the omitted act must be completed within this period and the corresponding EUR 200 fee must be paid.

Hint

Time limits before the Office can be divided into two categories:

• those laid down by the EUTMR or EUTMIR which are, therefore, mandatory;
• those set by the Office which are, therefore, not mandatory and can be extended under certain circumstances.

In the event of an exceptional occurrence (strike, natural disaster, etc.) causing a disturbance in the running of the Office or a serious impediment in its communication with the outside world, time limits may be extended for a period determined by the President of the Office.

Hint

An extension will only be possible if the relevant request is made before the expiry of the original term. If a request for an extension is received by the Office after the expiry of the time limit, it must be rejected.

Hint

In ex parte proceedings before the Office, if a request is made for an extension before the time limit expires, then a further period should be allowed, depending on the circumstances of the case, but not exceeding six months.

Hint

Where a request is filed for an extension to an extendible time limit before this time limit expires and is not accepted, the party concerned will be granted at least one day to meet the deadline, even if the request for an extension arrives on the last day of the time limit.

Hint

Where a request is filed for an extension to an extendible time limit before this time limit expires and is not accepted, the party concerned will be granted at least one day to meet the deadline, even if the request for an extension arrives on the last day of the time limit.

The request for extension of the time limit must indicate the reasons why the applicant cannot meet the deadline.

Hint

If the time limit has expired, the party who has missed it still has two possible courses of action: it can either seek continuation of proceedings (pursuant to Article 82 EUTMR), which only requires meeting certain formal requirements, or it can request restitutio in integrum (pursuant to Article 81 EUTMR), which requires meeting formal and substantive requirements (such as showing all due care).

Hint

If the missing information is provided within the time limit set in the deficiency letter, the filing date will be changed to the date on which all mandatory information is complete, including the payment.

In practice, the time limit for submitting additional material will be set at four months from the date of notification. Therefore, opponents should be aware that the time limit for submitting such additional material is not a time limit of two months beginning after the cooling-off period has expired, but a time limit of four months from the notification.

Hint

If the Office accepts the application, the consequences of having failed to observe the time limit shall be deemed not to have occurred. (Article 82(4) EUTMR)

Hint

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, may not be less than one month or longer than six months.

Hint

A request to extend a time limit by an applicant has to be made before its expiry.