New Irish Patent Office Guidelines for dealing with “Applications For Extensions of Time “ for Trade Marks to come into effect from Tuesday 4th May.

These new guidelines are being put into place to ensure that all applications for extensions of time are not being made routinely, but are the result of, or supported by evidence or exceptional circumstances.
These can include but are not limited to:
• Awaiting the outcome of negotiations
• Court cases awaiting completion
• Awaiting decisions from WIPO, OHIM, etc.
• Other proceedings awaiting completion
• Circumstances beyond the reasonable control of the applicant
• Significant progress has been made but additional time is required
It is hoped that this guidelines will assist the IPO to become more efficient and lead it to become more effective. So going forward parties dealing with the IPO should have matters dealt with as quickly as possible provided all parties are acting in a prompt and efficient manner.
So from May 4th the First extension will be allowed up to 3 months. A second extension will only be considered in special circumstances and you have to file evidence of this and answer various questions. This will then only be granted for an appropriate period, so may be less than 3 months.
The third extension will only be granted if you can show there is still exceptional circumstances and that progress has been made, and you must have new evidence to submit, third will be final.
For more information about Trade Mark prosecution call one of Cruickshank’s team, Mary Rose O’Connor, Seamus Doherty, Maria del Carmen Cobos or Richard O’Connor.