March 30, 2020

On 16 March, following the World Health Organisation’s announcement that the outbreak of coronavirus could be characterised as a global pandemic, the Executive Director of the EUIPO signed a decision (Decision No EX-20-3) extending all time limits expiring between 9 March 2020 and 30 April 2020 that affect all parties before the Office to 1 May 2020. In practice, this means that time limits are extended until Monday 4 May, given that Friday 1 May is a public holiday.

On 19 March, the EUIPO published clarification on which time limits are affected, the nature of the extension and communication with users.

Time limits affected

Article 1 of the Decision extends until 1 May (in practice 4 May 2020) “all time limits expiring between 9 March and 30 April 2020 inclusive that affect all parties in proceedings before the Office”.

The reference to “all time limits” should be read literally and encompasses all procedural deadlines, irrespective of whether they have been set by the Office or are stipulated in the Regulations.

The reference in the Decision to “proceedings before the Office” means that time limits that relate to proceedings before other authorities are not covered by the extension, even if mentioned in the Regulations. This is in particular the case with regard to the time limit for bringing an action before the General Court against decisions of the Boards of Appeal.

Nature of the extension

The extension of time limits has the immediate effect of preventing the deadlines concerned from lapsing when they were originally due, and of setting a new expiry date applicable to all, namely the 1 May 2020 (in practice, 4 May 2020). This effect is automatic and derives directly from the Decision. Accordingly, affected parties are not required to file a request to the Office for the extension of the time limit to take effect.

Parties to ongoing proceedings are therefore advised not to lodge unnecessary requests for extension.

However if parties are in a position to meet either the original or the extended deadline, and choose to discharge their procedural obligations during that period, the procedure will take its usual course and any documents filed will be examined in the regular manner.

Communications with users

The immediate effect of the extension means that affected users will not be informed individually of the extension.

The Office says that it has “done its utmost” to adapt its IT systems so as to guarantee a “seamless treatment” of the time limits that were due to expire before the extension date.

The Office says that in the unlikely event that a communication is sent that is contradictory to the extension, it will address the matter immediately by issuing a rectification either of its own motion or following a written request from the user indicating the file number concerned. To read the clarification in full and for a link to the Decision, click here.