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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Ireland: new guidelines for dealing with extensions in time

The Patents Office in Ireland is introducing, with effect from 4 May 2010, a new set of Guildelines for Dealing with Trade Mark Extension of Time Requests Introduction of New Guidelines For Dealing With Applications for Extensions in Time in Respect of Trade Marks.  You can access them here. According to their introduction,

"Implementation of these guidelines will ensure that applications for extensions of time are not made routinely, but are the result of, or supported by evidence of unusual or exceptional circumstances (see non-exhaustive list below). These guidelines will ensure that additional unnecessary work will not be created for the Office and will facilitate the Office to bring matters to a conclusion within a reasonable period of time. It will allow the Office to make efficiencies in its administrative processes and increase its effectiveness at a time when the Office, like all other areas in the public service, is under pressure to do so.

... the guidelines will be applied consistently in a fair and reasonable manner, while allowing fully for extensions of time to be granted for legitimate reasons (when supported by evidence). It will also introduce a mechanism for allowing extensions of time of an appropriate duration based on the specific circumstances of each individual case, which differs from the previous scheme where extensions were granted typically for a period of 3 months".

A non-exhaustive list of circumstances where an application for an extension of time’ may be granted includes awaiting the outcome of negotiations, court cases awaiting completion, awaiting decisions of international bodies (e.g. OHIM, WIPO), other proceedings awaiting completion (e.g. other pending applications yet to be decided, Revocations, Invalidity, Surrender),circumstances beyond the reasonable control of the applicant and significant progress.
Posted by: Blog Administrator @ 16.21
Tags: Ireland, office guidelines, extensions,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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