The extension does not apply to the time limits for appealing decisions of the Boards of Appeal to the General Court!
The new deadlines will not be communicated to the parties on a case-by-case basis.
This exceptional measure has been taken under Article 101(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (EUTMR) and Article 58(4) of Commission Regulation (EC) 2245/2002 of 21 October 2002 implementing Council Regulation (EC) 6/2002 of 12 December 2001 on Community Designs (as amended). It is based on the recognition of the coronavirus virus outbreak as a pandemic by the World Health Organization, which constitutes an exceptional occurrence that has disrupted proper communication between the EUIPO and parties worldwide.
The EUIPO had previously extended deadlines for Chinese parties.
On 15 May 2020, the EUIPO has published a Guidance note on the end of the extension of time limits as from 19 May 2020. The comprehensive note covers:
- The extension of time limits in ex parte and inter partes proceedings (Article 68 EUTMDR and Article 57 CDIR)
- The suspension of proceedings (Article 71 EUTMDR)
- The continuation of proceedings (Article 105 EUTMR)
- The Restitutio in Integrum (Article 104 EUTMR and Article 67 CDR).
The EUIPO will also publish updates on its COVID-19 web page on a regular basis.
Do not hesitate to contact Olivier Vrins for further information.
The above information is merely intended as comment on relevant issues of Belgian law and is not intended as legal advice. Before taking action or relying on the comments and the information given, please seek specific advice on the matters that are of concern to you.