TUESDAY, 13 JANUARY 2009
Germany: DPMA practice amendment in cases of insolvency proceedings against party in proceedings before the DPMA

The German Patent and Trade Mark Office (DPMA) recently published Practice Amendment Notice No. 20/08 regarding a change of practice for cases where insolvency proceedings have been instituted against a party in proceedings before DPMA. Following the German Federal Patent Court's (Bundespatentgericht) decision 28 W (pat) 215/07 of 28 May 2008, the DPMA will not apply section 240 of the German Code of Civil Procedures in proceedings before the DPMA. This has the consequence that the insolvency of any party in proceedings before DPMA will not suspend any deadlines. In March 2008 the Bundespatentgericht had decided that

"...in cases where insolvency proceedings have been instituted against the assets of a registered trade mark proprietor with the next renewal deadline [of a registered German trade mark] expiring thereafter, the deadline for the payment of the renewal fees due will not be suspended according to section 240 of the German Code of Civil Procedures (§ 240 ZPO).
Section 240 of the German Code of Civil Procedures states that civil court proceedings are suspended after the opening of insolvency proceedings against a party in the proceedings. See Class 46's earlier post here.

Posted by: Birgit Clark @ 00.03
Tags: Bundespatentgericht, German Trade Mark and Patent Office, German trade marks, insolvency, trade mark renewal,
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