Notice of 14 November 2017

on the handling of requests for extension of time limits and comments in opposition proceedings

An opposition may result in the - or, in the event of the rejection of the opposition - in the trade mark registration being sustained. In order to reach a decision, as quickly as possible, on whether or not to sustain the trade mark registration, the DPMA is working intensively towards fast execution of opposition proceedings. On the other hand, it is also important to give parties in opposition proceedings sufficient scope for negotiating delimitations and for well-founded comments on legal issues arising.

In this context, the following should be noted:

A first extension of the time limit (of normally two months) may be granted if sufficient reasons are presented (Sec. 18(2) DPMA Ordinance).

For all further extensions of the time limit, a prima facie legitimate interest and consent of the parties concerned must be shown (Sec. 18(3) DPMA Ordinance). In future, these extensions of time limits will be granted for up to a maximum period of six months. If the negotiations on delimitations have not yet been concluded when the period expires, a further request for extension of the time limit can be furnished.

Each formal written statement will be sent to the other party to the proceedings (principle of the right to be heard). However, the DPMA assumes that the parties to the proceedings provide a comprehensive comment in their respective first formal written statement. Therefore, subsequently, further formal written statements will be served by the DPMA inviting the recipients to make a final comment.

Last updated: 14 November 17