To follow up on our previous report, we will present you with an update on the various trademark offices and their way of working in the context of the Covid-19 measures:
End to Extension of Administrative Deadlines for Trademarks and Models
The Benelux Office for Intellectual Property (BOIP) announced on 11 May last that the presumable BAU (“business-as-usual”) date will be 25 May 2020. This means that – provided that the circumstances in society will not deteriorate in the meantime –all new terms will apply in the usual manner as of 25 May.
The terms that have expired or will expire in the period from 16 March up to and including 24 June 2020 will only actually expire on 25 June 2020.
All terms currently running that expire on 25 June or later will remain unchanged.
All new terms that are given starting from 25 May will have their normal duration, even if they expire before 25 June.
For Benelux trademark and model applications that are published in the period from 14 January up to and including 24 April, opposition can still be filed until 25 June.
Your trademark or model may therefore have been “registered” according to the online Benelux register, but opposition may still be filed against it. The BOIP says it will have entered all oppositions after 9 July 2020, so if your trademark or model still has the status “registered” on 10 July 2020, you may assume that opposition is no longer possible.
EUIPO Terms – further postponement until 18 May 2020
The European trademark office EUIPO has recently announced that the terms (that were initially suspended until 1 May) have been suspended further until 18 May 2020. In fact, this means that all terms that have expired or will expire in the period from 9 March up to and including 17 May will only actually expire on 18 May 2020 (as has now become established).
Report WIPO – no postal traffic possible until further notice – communication only by e-mail
WIPO has recently announced that, as a result of the standstill of postal traffic in Switzerland, it is not possible for the time being to send any messages by post. WIPO has therefore requested all current e-mail addresses from all applicants of an International Registration with WIPO who based themselves on an EU application.
Just like at BOIP and EUIPO, the staff members of WIPO are usually working from home and only a few employees are physically present at the head office in Geneva. At WIPO too, it is possible to apply for a postponement of the current terms in some cases.
Please contact Gaya Schultz or Alfred Meijboom if you have any questions regarding the above.
