Judgment_paragraph 21 · K & L Ruppert Stiftung & Co. Handels-KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-86/05)

21The second sentence of Rule 71(1) of Regulation No 2868/95 states that ‘[OHIM]’ may, when this is appropriate under the circumstances, grant an extension of a period specified if such extension is requested by the party concerned and the request is submitted before the original period expired'. It follows that the extension of a period specified is not automatic: in each case, it depends on circumstances which are specific to the individual case and which make it appropriate to grant an extension, as well as on the submission of a request for an extension. That holds especially true in relation to inter partes proceedings, in which an advantage granted to one of the parties constitutes a disadvantage for the other. In such cases, OHIM must therefore ensure that it remains impartial with regard to the parties.

K & L Ruppert Stiftung & Co. Handels-KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-86/05)

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