Impact of Covid-19 and information for trade mark owners

Posted by Baxter IP on

Impact of Covid-19 and information for trade mark owners

As the entire world faces unprecedented challenges in view of the Covid-19 outbreak, we believe it is important to stay informed about what this could mean for trade mark holders.

Below is a brief summary of information about how Intellectual Property agencies around the world are facing these challenges.

  • Intellectual property Offices for Australia, New Zealand, United Kingdom and United States have continued to process applications through their online portals as normal and deadlines in these jurisdictions are not automatically extended. Extensions of time due to Covid-19 may be granted but will be assessed on a case by case basis. The USPTO has waived the petition fee for reviving applications that were abandoned as a result of the outbreak and UKIPO has announced similar measures to reinstate rights lost due to the outbreak.All in-person Hearings in the above jurisdictions will be either rescheduled, or conducted via video conference, telephone and written submissions.
  • The Canadian Intellectual Property Office (CIPO) has indicated that all deadlines between 16 March and 31 March 2020 are extended to 1 April 2020.
  • World Intellectual Property Organisation (WIPO) has continued to process applications normally but has provided remedies against failure to meet a time limit under the Madrid System and has indicated that automatic extensions of time will apply in cases where an Office is not open to the public and it is not possible for applicants to meet the prescribed deadlines.
  • The European Intellectual Property Office (EUIPO) has indicated that all deadlines expiring between 9 March and 30 April 2020 are extended until 1 May 2020.
  • The National Institute of Intellectual Property (INPI) in France has implemented a 4-month extension to all deadlines from 16 March 2020 with the exception of opposition deadlines.
  • The Chinese National Intellectual Property administration (China National Intellectual Property Administration (CNIPA)) has indicated that applicants that have missed a deadline may restore lost rights within two months of the obstacle caused by the outbreak.
  • The Spanish Patent and Trademark Office O.A (OEPM) has suspended all deadlines until the state of emergency has been lifted.
  • The Mexican Institute of Industrial Property (MIIP) announced the suspension of all deadlines between 24 March and 19 April 2020.
  • The National Institute of Industrial Property (INPI) in Brazil has extended all deadlines between 16 March and 13 April 2020 to 14 April 2020.
  • The Indian Intellectual Property Office (IPOIndia) has announced extension of deadlines to 15 April 2020 for cases with deadlines on or before 14 April 2020.
  • Intellectual Property Office of Ireland (IPOI) is closed from 13 March 2020 until March 29, any deadlines falling within this period will be extended to 30 March 2020.
  • The National Institute of Industrial Property of Argentina (INPI), ordered to suspend all deadlines. The suspension covers the terms that were in progress as of 12 March 2020 while this exceptional measure is in force until 03 April 2020.
  • The Italy Intellectual Property Office (IPTO) suspended until 15 April 2020 all terms concerning trade marks, patent and designs issued by IPTO.
  • Patent and Trademark Offices in Egypt are closed starting 25 March 2020 and all deadlines will be extended to 2 weeks at least.
  • The Malaysian IP Office (MyIPO) is closed from 18 March to 14 April 2020 inclusive. Any matters and deadlines that cannot be dealt with by online filing may be validly filed manually once the Movement Control Order is lifted.
  • The Intellectual Property Office of the Philippines (IPOPHL) suspended manual filing of applications and submissions and granted a 45-day extension for payment of filing fees through IPOPHL e-filing system filed from March 16, 2020 to April 14, 2020.

Our office continues to monitor the developments in each country. If you are concerned about an upcoming deadline, or wish to seek guidance on how to address obstacles your trade mark might be facing in view of COVID-19, contact our trade mark attorneys.