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Dez 20, 2017 (Newsletter Issue 22/17)
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Notice on Extensions of Time Limits in Opposition Proceedings

The German Patent and Trade Mark Office (DPMA) issued a notice on the handling of requests for extension of time limits and comments in opposition proceedings.

The Office informs that a first extension of the time limit (of normally two months) may be granted if sufficient reasons are presented (Sec. 18(2) DPMA Ordinance) in opposition proceedings.

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. Subsequently further formal written statements will be served by the DPMA inviting the recipients to make a final comment.