Translation of "Ablauf der widerspruchsfrist" in English

After the expiry of an opposition period of a further 3 months, your European Union trademark will be registered.

If the opposition fee has been paid after the expiry of the opposition period, it shall be refunded to the opposing party.

If the opposition fee has been paid after the expiry of the opposition period, it shall be refunded to the opposing party.

Should a European order for payment acquire the status of res iudicata after the time limits for opposition and/or appeal have expired?

Regardless of the cancellation period, the items delivered remain our property until complete payment has been effected.

If the notice of opposition has not been filed within the opposition period, or if the notice of opposition does not clearly identify the application against which opposition is entered or the earlier mark or the earlier right on which the opposition is based in accordance with Rule 15(2)(a) and (b), or does not contain grounds for opposition in accordance with Rule 15(2)(c), and if those deficiencies have not been remedied before the expiry of the opposition period, the Office shall reject the opposition as inadmissible.

The time limit referred to in Article 115(6) of the Regulation within which the opposing party has to file a translation of his opposition shall be one month from the expiry of the opposition period.

Any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the Office written observations, explaining on which grounds, under Articles 5 and 7, the trade mark should not be registered ex officio.

Where the notice of opposition has been filed after the expiry of the opposition period, the Office shall reject the opposition as inadmissible.

Most Member States that apply a two-step procedure (Finland, Germany, Luxembourg, Sweden) have in common that the first decision of the court (“payment order”) is not enforceable at all whereas the second decision that is taken after the expiration of the time limit for objections (“enforcement order”) is “only” provisionally enforceable until the appeal against this ruling has passed.

In exceptional cases the defendant should be entitled to apply for a review of the European order for payment despite the expiry of the time-limit for submitting a statement of opposition.

In a one-step procedure, by contrast, once the deadline for opposition has passed the order for payment not only becomes enforceable but also acquires the status of res iudicata at the same time.

In Finland, Germany and Sweden, in the absence of opposition within the time limit a second (and enforceable) decision is rendered which is not final but can be challenged by the defendant within yet another time limit.

As a general rule, with the notable exception of Greece115, the Member States that have adopted a one-step procedure (Austria, France, Italy, Portugal, Spain) do not attribute provisional enforceability to the order itself but require the expiry of the time limit before an enforcement clause can be appended to it.

Should there be an ordinary appeal against a European order for payment (or, in a two-step procedure, against an enforcement order) after the time limit for opposition has expired?

Should there be an ordinary appeal against a European order for payment (or, in a two-step procedure, against an enforcement order) after the time limit for opposition has expired?

Should a European order for payment procedure be a one-step or two-step procedure, i.e. should the original decision become enforceable or should a second decision (an “enforcement order”) be necessary after the expiry of the time limit for contesting the claim?

If the debtor's opposition to an order for payment and the transfer of the case to ordinary judicial proceedings are to have any real meaning, consideration should be given to whether it might not be appropriate for the enforceability of the order for payment to be delayed until the time limit for lodging opposition has expired, or revoked by virtue of opposition being lodged.

If in a one-step procedure the order immediately acquires the effect of res iudicata once the time limit to contest the claim has elapsed and no further appeal is possible there is room for provisional enforcement only before the expiration of that time limit or after an opposition has been lodged.

If the defendant has properly received an order for payment and has been duly informed about the ongoing proceedings including the lack of a possibility to appeal after the time limit for opposition has passed it may well be called into question why he deserves another shot at contesting the claim in the form of an ordinary appeal.

Note: If this file status is displayed even after expiry of the opposition period, notices of opposition might have been received, which have not yet been captured in the electronic system due to internal mail routing or processing times.

Candidates may pick up their work samples after the objection period is over (two weeks after receiving notification of the results of the aptitude test) at the Dean's Office at the Faculty of Art and Design, Geschwister-Scholl-Straße 7, from Monday to Friday, 8 am to 3 pm.