PROSECUTION OF AN EU PATENT APPLICATION
FILING
FORMAL EXAMINATION
FORMAL REQUEST
Filing of the Oppositions
Filing of the Oppositions + up to 14 months
If any third party files an opposition against an application, a 3 months period after the notification of the opposition will be opened in which the parties can try to solve their conflict without the intervention of an Authority.
In the event the parties have not come to an agreement, the ARTMO will notify the opponent in order for it to “maintain” the opposition. This act must be performed in 15 working days after the notification, if this requirement is not met, the opposition will become a call of attention.
Within the next 15 working days of the period mentioned in the previous paragraph, the ARTMO will notify the applicant of any remaining opposition. The applicant will have then 15 working days to answer individually each opposition that is still sustained. This period is non-extendable by any means. Afterwards, the ARTMO will grant a probative period of 40 working days.
The parties then will be awarded another period of 10 working days to present their conclusions.
If intended, the parties can, and just for one time, request the suspension of the opposition in order to try to achieve an amicable solution. The ARTMO will grant them 30 working days as from the request, and after this period lapses, the 10 working days referenced above for the conclusions will be awarded again.
The ARTMO will then perform a substantive examination of the opposition (not of the trademark registration) and will decide if the opposition is grounded or not. After the ARTMO takes its decision, any of the parties can file an appeal against the decision within the next 30 working days of the notification.
PUBLICATION
OPPOSITION PERIOD
OPPOSITIONS
SUBSTANTIVE EXAMINATION
GRANTING
Filing of the Oppositions
Filing of the Oppositions + up to 14 months
If any third party files an opposition against an application, a 3 months period after the notification of the opposition will be opened in which the parties can try to solve their conflict without the intervention of an Authority.
In the event the parties have not come to an agreement, the ARTMO will notify the opponent in order for it to “maintain” the opposition. This act must be performed in 15 working days after the notification, if this requirement is not met, the opposition will become a call of attention.
Within the next 15 working days of the period mentioned in the previous paragraph, the ARTMO will notify the applicant of any remaining opposition. The applicant will have then 15 working days to answer individually each opposition that is still sustained. This period is non-extendable by any means. Afterwards, the ARTMO will grant a probative period of 40 working days.
The parties then will be awarded another period of 10 working days to present their conclusions.
If intended, the parties can, and just for one time, request the suspension of the opposition in order to try to achieve an amicable solution. The ARTMO will grant them 30 working days as from the request, and after this period lapses, the 10 working days referenced above for the conclusions will be awarded again.
The ARTMO will then perform a substantive examination of the opposition (not of the trademark registration) and will decide if the opposition is grounded or not. After the ARTMO takes its decision, any of the parties can file an appeal against the decision within the next 30 working days of the notification.
More questions? Just click below and we reply to your email shortly.