IPTO: Suspension of terms for administrative proceedings and extension of validity for expiring documents – COVID-19
For what concerns the IPTO (Italian Patent and Trademark Office) proceedings, the Decree-Law broadens the suspension already provided with the Directorial Decree of March 11, 2020. Indeed, the suspension period has been extended to the period comprised between February 23, 2020 and April 15, 2020.
Moreover, this suspension period also applies to all peremptory terms relative to opposition proceedings to the registration of Italian trademarks laid down in Article 176 of the Industrial Property Code, for which the suspension can be provided only by provisions of legal nature.
Note that deadlines relative to appeal proceedings before the Appeal Commission remain excluded from this specific provision. This is because such terms refer to proceedings of jurisdictional – non administrative – nature.
In addition, certificates, written declarations, permits, authorizations, and enabling documents however named, that will expire between January 31 and April 15, 2020, will preserve their validity until June 15, 2020.
Please be informed that IP titles expiring between January 31 and April 15, 2020, will also preserve their validity until June 15, 2020. After this date, the interested party that seeks to extend the duration of his or her title has the duty to either keep the title alive or renew it.