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Inter Partes eFiling

What is the Inter Partes eFiling?

The inter partes eFiling is an application available in EUIPO’s Website that allows the filing of Cancellation (EUTM/IR Revocation or Invalidity) and RCD Invalidity actions electronically.

The Inter Partes e-filing is fully integrated with the Office’s information, thus enabling an efficient and streamlined submission process. The tool imports the information already existing in the Office’s databases (EUTM and RCD systems, TMView) to avoid unnecessary typing and prevent copy errors. It also provides validation capabilities aimed at preventing admissibility issues in the applications.

From where can I access the inter Partes eFiling?

You can access the Inter Partes eFiling request form from different places of EUTM Website:

  • Log in to your ‘User Area’. Click on ‘Online services’. Select ‘File a Cancellation or Invalidity`;
  • via the ‘EUIPO website’ → Forms and Filings → Inter Partes efiling form;
  • via the ‘EUIPO website’ → Help Centre → Online Services → Other Filings → Inter Partes eFiling form
  • Contact us’ — scroll down until you get to ‘Applying and filing documents with us’ and you will see the link to ‘Forms and filings’: from the drop-down menu click on ‘Inter Partes eFiling form`.

Who can fill in a Cancellation or Invalidity?

There are three main types of Inter partes eFiling roles: the person submitting the action, namely the Claimant  and his Representative;   both types can belong to a specific Business Partner Group (BPG) in the Portal.

The following actors can interact with the tool:

 
Requestor

The requestor is the person filing a request to bring a proceeding of Cancellation or Invalidity against an existing IP Right.

The requestor shall interact with the Office both directly through an e-filing request and indirectly through a petition by fax or post keyed in into the system by the Office.

The requestor role requires being associated to any of the following actors: Claimant or representative. Additionally, when the requestor is a Representative, because of his own nature, he needs to act on behalf of a claimant.

Claimant

A claimant is a person having a recognized interest against the registration of a trade mark application or against keeping an already registered IP Right (trade mark or design) in the Register.

A claimant is a role played by different actors depending on the proceeding they are submitting:

  • Cancellation Applicant. The claimant submits a Cancellation request against a registered trade mark.
  • Invalidity Applicant. The claimant submits an Invalidity request against a registered design.
Representative

Representatives give advice and act on behalf of an IP Right owner, thus, the representative has to act on behalf of the claimant.

A representative is a role played by different actors depending on the proceeding they are submitting:

  • Cancellation Applicant Representative. The representative submits a Cancellation request against a registered trade mark.
  • Invalidity Applicant Representative. The representative submits an Invalidity request against a registered design.

 

 

Steps to fill in an Inter Partes Cancellation or Invalidity form for a Trade Mark

Upon a Cancellation request from a third party, the Office may declare a EUTM/IR revoked or invalid. There are two types of actions that could come under the generic term of "cancellation proceedings": On the one hand, the rights of the proprietor of a European trade mark can be "revoked" and, on the other hand, a European trade mark can be declared "invalid". The difference is that revocation applies as from the date of the request, whereas a declaration of invalidity removes the registration from the Register with retroactive effect.

 

Steps to fill in an Inter Partes Invalidity form for an RCD and DM ( International Designs)

  • Revocation of trade marks

     

    • Type in your Reference

     

    • Select the Type of Action

     

    Third parties may divest a registered EUTM/IR owner/holder of his rights through proceedings for revocation. A revocation proceeding may occur on four grounds: where there is inexcusable non-use for five years preceding the application for revocation; where the mark becomes generic; where the mark is misleading to the public; and where the EUTM/IR owner/holder no longer meets the requirements of permitted proprietorship. The result of a revocation proceeding is the cancellation of the registration and of the rights conferred by the registration as from the date of the application for revocation.

     

     

    In order to create a revocation we first need to identify the applicant for the revocation and the contested registration .

    • Click on Add Applicant ->Import it from the EUIPO system or Create a new one -> Click +Add

    • Select the Challenged Entity -> click on Import it (identify the contested registration here).

     

     

    The language of the proceedings will be any of the languages of the Office, provided that they coincide with either the first or the second language of the contested trade mark. In these cases where the first language is not a language of the Office, the language of the proceedings will necessarily be the second language. Therefore, the tool will pre-determine this language and will not allow the user to change it.

    • Select the Language of proceeding:

     

     

    The user needs to identify the extent of the action. He may direct his application against all the goods and services in the trade mark or reduce it to only a part of those.

    • Select the Extent of Application

     

     

    The identification of the Ground for the Revocation is a key step, as it identifies the legal grounds on which the action is justified.

    • Add the Grounds for the Revocation by Selecting the desired articles -> Fill in the Reasoned Statement -> then Save.

     

     

    • Add arguments and Evidences then click Next

     

  • Invalidity of trade marks

    Third parties may divest a EUTM/IR owner/holder of his rights through proceedings of invalidity. These may be based on absolute and/or relative grounds. Proprietors of earlier marks who fail to oppose the initial registration of the EUTM/IR in a timely manner cannot prevent the trade mark to be registered. The owner of the earlier mark, however, may still file an application for declaration of invalidity on the grounds of his earlier mark or may bring an action for infringement.

     

    • Type in your Reference

     

    • Select the Type of Action

     

     

    In order to create invalidity we first need to identify the applicant for the invalidity and the contested registration.

    • Click on Add Applicant -> Import it from the EUIPO system or Create a new one -> Click +Add

    • Select the Challenged Entity -> click on Import it

     

     

    The language of the proceedings will be any of the languages of the Office, provided that they coincide with either the first or the second language of the contested trade mark. In these cases where the first language is not a language of the Office, the language of the proceedings will necessarily be the second language. Therefore, the tool will pre-determine this language and will not allow the user to change it.

    • Select the Language of proceeding:

     

     

    The user needs to identify the extent of the action. He may direct his application against all the goods and services in the trade mark or reduce it to only a part of those.

    • Select the Extent of Application

     

     

    The identification of the Ground for the Invalidity is a key step, as it identifies the legal grounds on which the action is justified.

    • Add the Grounds for the Invalidity by Selecting the desired articles. Please note that you can select both Absolute and Relative Grounds. -> Fill in the Reasoned Statement -> then Save.

     

     

    • Add Arguments and Evidences then click Next

     

     

    • Confirm the application after reviewing the details

     

     

    • Fill in Name and Surname and Select the Capacity of the Signatory

     

     

    After the successful payment and filing of a new Inter partes request, users will receive a confirmation receipt and the new application will be stored at EUIPO´s back offices systems to be further processed.

  • Invalidity of designs

    Invalidity is a procedure made by a third party to have a design registration removed on the grounds that the design did not qualify for registration and should have been refused registration. Steps to follow for RCD invalidity:

     

    • Type in your Reference

     

    • Select the Type of Action

     

     

    In order to create an RCD Invalidity we first need to identify the applicant for the revocation and the contested registration.

    • Click on Add Applicant -> Import it from the EUIPO system or Create a new one -> Click +Add

    • Select the Challenged Entity -> click on Import it

     

     

    The language of the proceedings will be any of the languages of the Office, provided that they coincide with either the first or the second language of the contested trade mark. In these cases where the first language is not a language of the Office, the language of the proceedings will necessarily be the second language. Therefore, the tool will pre-determine this language and will not allow the user to change it.

     

     

    The identification of the Ground for the Invalidity is a key step, as it identifies the legal grounds on which the action is justified.

    • Add the Grounds for the Invalidity by Selecting the desired articles -> Fill in the Reasoned Statement -> then Save.

    Depending on the Article you will select the system will ask you to fill in few details.

     

     

    • Add Arguments and Evidences then click Next

     

     

    • Confirm the application after reviewing the details

     

     

    • Fill in Name and Surname and Select the Capacity of the Signatory

     

     

    NOTE: There is an exception when managing challenged entities of type "DM" (Dessin Mondiale, International design) because they are not stored in any EUIPO database, so the user shall manually insert the requested information in the form:

     

     

     

    After the successful payment and filing of a new Inter partes request, users will receive a confirmation receipt and the new application will be stored at EUIPO´s back office systems to be further processed.

Poslední aktualizace stránky 24-02-2018
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