OHIM CTM is introducing some changes in practice on extensions and suspensions of time, and new guidelines on opposition proceedings.![]()
Both matters were presented in draft last March and the changes will take effect on 15 September, 2010.
Suspensions and extensions of time
Now, if a suspension is requested by the opposition parties, the Office will 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, any first request for an extension during examinations, oppositions or cancellations, 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 the party requesting the second extension demonstrates that there are exceptional circumstances.
Evidence of proof of use
The Office has drawn up a template for a standard letter proposed for use in opposition proceedings. The letter includes an annex giving instructions on the way in which the evidence should be structured as well as suggestions on content and format. For more information see:
The changes will be included in the OHIM CTM Manual of Trade Mark Practice and are designed to produce a better system with benefits for all concerned.
Source: OHIM CTM
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