After the Spanish Government enacted the State of Alarm due to the current pandemic, the fulfillment of administrative timeframes before the Spanish Trademark and Patent Office (OEPM) and the European Union Intellectual Property Office (EUIPO) has been suspended and interrupted. Below, we clarify how this situation will be implemented in both offices as well as in the Spanish legal system after the approval of another 15 days’ extension, until April 26. We may however anticipate that a new extension will be soon approved which shall be in force until May 9.

Administrative bodies.

  • OEPM

The Director of this Office has issued a resolution implementing the Royal Decree 463/2020, declaring the State of Alarm for the health crisis management caused by COVID-19. This communication states the following:

– Administrative procedures taking place before this office are suspended and interrupted.

– The periods of prescription and expiry time limit of legal actions and rights enforceable before the SPTO are suspended.

However, users may continue to use the OEPM’s e-services for the filing of new applications, and submit writs and allegations according to the pre-established deadline as usual. The Office will then proceed to assess the files, although some delay may be expected.

These measures will remain in force as long as the State of Alarm is maintained and the calculation of time limits will be retaken once the Royal Decree as well as any prorogue thereof is not in force anymore.

  • EUIPO

By decision of the Executive Director Decision No EX-20-3 of the Executive Director of the Office of 16 March 2020, all the pending deadlines in relation to proceedings before the Office for the timeframe comprising  March 9 to May 1, 2020  (in practice May 4), are extended. We are as well awaiting a new communication from the Office informing on a new extension.

Time limits that relate to proceedings before other authorities are not covered by the extension, such as action brought before the General Court against decisions of the Boards of Appeal. In addition, it only concerns trade mark and design matters being dealt by the Office.

The effect of this decision is automatic, accordingly, affected parties are not required to file a request to the Office for the extension of the time limit to take effect.

However, if the parties are able to comply with the already set deadlines, the Office will examine the files on a regular basis. Also, the filing of trade marks and designs by digital platforms will be available as usual. It is nevertheless important to highlight that in all the ongoing proceedings and new filings we may experience some delay due to the current situation.

Jurisdictional order.

As a result of Royal Decree 487/2020 of April 10 extending the state of alarm until April 26 the Minister of Justice has issued a Resolution dated April 13, 2020 adapting the public service provided by the Administration of Justice to this new scenario.

On the other hand, the General Council of the Judiciary, which previously recommended to practitioners, lawyers and prosecutors, not to submit writings in procedures not declared essential, issued a resolution on 13 April lifting the limitations concerning the submission of writings by telematic means. As a result, the filing of lawsuits in our field before the civil/commercial and criminal courts is now allowed.

The suspension of terms and deadlines foreseen in the procedural laws for all jurisdictional orders continues. The calculation of the terms will be resumed as soon as the State of Alarm is no longer in force. However, all proceedings that have not been suspended because they are considered essential shall continue accordingly.

The periods of prescription and expiry of time lines of any legal action and rights shall be suspended during the period of validity of the State of Alarm.

Therefore, the judicial bodies may serve decisions in ongoing proceedings, whether they are issued in proceedings declared essential or in any other proceedings. All communications shall be made by telematic means, unless it is not doable way, and shall not in any event mean that the timeframes are no longer suspended, except in proceedings considered to be essential.