PRACTICE ROUND-UP

OHIM

Cooling-Off: As of 1 March 2006, OHIM will answer any requests for a first cooling-off extension with an automatic grant of 22 months.

This follows the imposition last summer of a new 24-month limit on cooling-off terms and is designed to avoid the need for repeated extension requests. Extensions sought in oppositions already within cooling-off will meet with the grant of a further extension lasting until the end of the relevant 24-month period. The extended term can be terminated by either party at any time. Once ended, cooling-off cannot be revived.

This change was opposed by many who argued that shorter terms focus parties on negotiations. Parties faced with “discussion drift” may now re-introduce a sense of urgency only by ending cooling-off and setting the evidence terms running.

Suspension will still be available, but, as now, such requests will only be granted if submitted after cooling-off has ended. Earlier requests which anticipate the end of cooling-off will be automatically rejected.