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Appeal

 












By completing and filing a notice of appeal. This must be done within 2 months of the date of the decision you wish to appeal (that is, the date of notification of the decision).
Also note that the notice of appeal should be filed in the language of the proceedings (which is the language of the disputed decision).

An appeal must also include a ‘statement of grounds’, which sets the reasons why you believe that original decision was wrong. This does not have to be filed with the notice of appeal, but must be filed within 4 months of the date of notification of the contested decision.

You may wish to consider the new eAppeal, which allows users to file an appeal online. The new tool offers clear guidance to users, an improved and user-friendly interface and reduces the risk of mistakes.
 
Further information on how to file a notice of appeal.
For further information, please access your user area.
For additional information, see the notes on the Appeal Form.


No.

Notice of appeal must be filed in the language of the proceedings in which the decision subject to appeal was taken.

No. These deadlines are set by law (the EU trade mark Regulation), as agreed by the Member States of the European Union, and the Boards of Appeal cannot alter them.
The only option is to apply to the Office for restitutio in integrum (this is Latin for ‘restoration to original condition’), which has the effect of reinstating the rights you have lost. The conditions are rather strict — for example, you must prove that you took all due care to meet the deadlines set by the law. Additionally there are also other requirements (see Guidelines, Part A, General Rules, Section 8, Restitutio in Integrum), including a fee.
 
For further information, please consult Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) Article 104 and also available via the Office website, Law & practice, New EU trade mark regulation.
 
For further information, please consult Council Regulation (EC) No 6/2002 of 12/12/2001 on Community designs.

Yes. The person that appeals is the ‘appellant’, while the other party is called the ‘respondent’. The respondent can submit observations on the appellant’s statement of grounds 2 months after it has been notified.
If these observations are provided by the respondent, the appellant, as an exceptional case following a request from the Board of Appeal, may file a reasoned request to reply to them. Following submission of this reply, the respondent will in turn be allowed to submit a rejoinder.

It depends. For example, deadlines set by the Regulation, where the Board of Appeal has no discretion (such as that for filing a Notice of Appeal or Statement of Grounds) cannot be extended. In these cases the only option is to seek restitutio.
On the other hand, deadlines set by the Board, and those in the Regulation where some discretion exists, can be extended (for example, further time to provided submissions or observations).
However, there are some conditions. An extension will only be possible if the relevant request is filed and received before the expiry of the original term. Parties must justify and provide reasons in each request for an extension. In the absence of any reasons or justifications for extension, the request will be refused. Where a request is made jointly by two parties it should be signed by both.
In general, multiple extensions of the same time limit will be refused, unless there are exceptional circumstances supported by evidence which justify a further extension.

Yes. The person that appeals is the ‘appellant’ the other party is called the ‘respondent’. The respondent can submit observations on the appellant’s statement of grounds. The Board usually sets this time limit at 2 months after the statement of grounds has been notified.
If these observations are provided by the respondent, the appellant, as an exceptional case, can be invited to reply (again, within 2 months of the notification of the reply). The respondent may submit a rejoinder.

Further information on looking after your rights.

Exceptional appeal cases may justify the use of expedited appeal proceedings where the urgency of the matter is such that any delay would give rise to a serious risk of damage. Expedited appeals follow an accelerated procedure, are given priority treatment (not following chronological order) and the parties are in principle limited to only one set of observations each.
If a party wishes to request expedited treatment, they must do so by filing the request in a separate document. The request must provide documentary evidence of why the case is urgent.

Yes. This is called a ‘cross-appeal’ and it must be made within the time limit for filing the observations in response to the statement of grounds. The cross appeal must be filed in a separate document.

More information regarding Invalidity applications can be found in the Guidelines, Examination of Design Invalidity Applications.

A day after they have been notified to the parties, all decisions are made available in the original language version in eSearch Case Law. About a month later an unofficial translation in English is also uploaded in the database.

For more information, please visit the Boards of Appeal section.

The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. Please consult the European Union Trade mark and Community Design Regulations or Trade mark / Design Guidelines for further details.

For more information about how the Office handles your personal data, please consult the Data Protection Statement.
 

Page last updated 18-07-2018
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