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File a notice of appeal online

The e-appeal form allows registered users to file a notice of appeal electronically, in all EU languages. Please note that you must be logged on in order to use these facilities and that these actions are also subject to a fee.

Note: the correspondence regarding a specific file must always be filed via your User Area using post, hand delivery or special courier service. Please always mention the file number.

Where can I access the e-appeal form?

To access an e-appeal request form, navigate through the website, following one of the paths below:

  • ‘Contact us’ — scroll down until you get to ‘Applying and filing documents with us’ and you will see the link to ‘Forms and filings’. Then, from the drop-down menu click on ‘Notice of appeal’.
  • Log in to your ‘User Area’. Click on ‘Online services’. Select ‘File a notice of appeal’.
  • From ‘User Area’, click on ‘Dashboard’, then ‘Online services’ and ‘File a notice of appeal’.
  • From the ‘Home’ portal go to ‘Law and Practice’ and then the ‘Appeal’ page.
  • From the ‘Home’ portal go to ‘Online Services’.
  • From ‘User Area’ go to the ‘Online forms’ widget.

Who can file a notice of appeal?

Two actors are related to the system during the process of filing a notice of appeal:

  • Appellant — is the person or legal entity identified as the holder of a given IP right and has been assigned a specific owner ID. Only a party adversely affected by an EUIPO decision is entitled to file an appeal.
  • Representative — is an entity allowed to act on behalf of an IP rights owner. Please note that representation is mandatory for non-EEA appellants for both EUTM and RCD cases .

Steps to filling in a notice of appeal

If you have been allocated an ID number previously by the EUIPO as an owner or representative, your information will be included automatically in the respective ‘Appellants’ or ‘Representatives’ section as well.

If you have a personal reference number to check, you can enter it in the ‘Reference’ tab.

Please note that the information labels are meant to facilitate the execution of the workflow and help your understanding of the e-filing process and its specifications.

 

  • Identification of contested decision

    You can fill in an e-appeal form for either trade mark decisions or design decisions.

    For both, select the type of ‘Contested Decision’ from the drop-down list and type in the decision number.

    Note: the number of your decision entity has different formats depending on the type of decision. In each situation, the system will provide an example for you to follow.

  • Add a new appellant

    There are two different ways of adding an applicant.

    Adding an existing applicant:

    Type in the applicant’s name — this will bring up a list of existing applicants — make your choice and click on ‘Import’. The applicant’s details will then appear; click on the ‘Add’ button to continue.

    Adding a new appellant:

    1. Click on the ‘Create new’ button and enter the details manually.
    2. Select the type of applicant from the drop-down menu.
    3. Complete the rest of the form (mandatory fields are marked with an asterisk*).
    4. Click on the ‘Add’ button to continue.

    Note: the appellant can be an individual or a company within the EEA. In accordance with Article 92 EUTMR, representation is mandatory for EUTM cases and for non-EEA appellants. In RCD cases, representation is mandatory for non-EU appellants.

  • Add a new representative

    There are two different ways of adding a representative.

    Adding an existing representative:

    Type in the representative’s name — a list of existing representatives will then be displayed — make your choice and click on ‘Import’. The representative’s details will be shown; click on ‘Add’ to continue.

    Adding a new representative:

    1. Click on the ‘Create new’ button and enter the details manually.
    2. Select the type of representative from the drop-down menu.
    3. Complete the rest of the form (mandatory fields are marked with an asterisk*).
    4. Click on the ‘Add’ button to continue.

    Selecting ‘Employee representative’ will bring up an ‘Economic connections’ checkbox. If you tick it, you will have to fill out two additional fields, one describing the type of economic connection you have with the applicant (e.g. employee or business partner) and the other with the name of your employer. Employees acting on behalf of natural or legal persons must file a signed authorisation for insertion in the files.

    The representative can be an employee, a legal practitioner or an EUIPO representative.

    Depending on the representative type, you will be asked to fill in some extra information as follows.

    • If you are an employee, after you have typed in your personal details the system will require authorisation.

      You can either ‘Attach’ it after filling in your details or you can click on ‘To follow’ and attach it at a later date.

    You should also check if your company is different from the applicant company (e.g. with specific economic connections) and specify the nature of the difference(s) and the name of the employer.

    • If you are a Legal Practitioner or an EUIPO Representative you will also have the option to ‘Create’ an account for an association for which you will be asked to complete a few more mandatory fields, such as the ‘Association name’ and the ‘Country of registration’.

  • Language of the proceedings

    The language of the proceedings will be automatically populated by the system in most cases. However, in those exceptional cases where this does not happen, the system will ask you to choose one language.

  • Decisions can be contested entirely or partially

    If you chose the ‘in part’ option, you will need to enter text in the mandatory text field using the language of the proceedings.

  • Statement of grounds and annexes

    Here, the user should select and upload the files that are in the ‘Statement of grounds’.

    You can ‘Attach’ the files when you complete the form or you can click on ‘To follow’ if you want to attach it later on.

    Please note that the statement of grounds needs to be filed in the language of the proceedings and if you do not file a written statement of grounds within four months the appeal will be inadmissible.

    Note: non-text formatted documents will delay the proceedings.

    You can also upload attachments to the ‘Annexes to the Statements of Grounds’.

  • Signature

    By completing the field ‘First name and Surname’ you confirm that you have checked the details and wish to sign and confirm submission of the application form.

  • Save, print and reset

    You can ‘Save’ the e-appeal form in your ‘User Area’. As you are completing your application form, you can save your work at any time as a draft. Click on ‘Save application’ in the right-hand column of the application. The draft can be accessed from the ‘Drafts’ section in your User Area.

    ‘Print’ a review of your form at any point during the application process.

    ‘Reset’ — if you want to start your application again, click ‘Reset application’ and all your previously completed fields will be cleared and the information deleted.

  • Check your Notice of Appeal before submitting

    You have the option to review your ‘Notice of Appeal’ before you ‘Submit’ and ‘Pay’.

    On the same page you can ‘Save’ the ‘Notice of Appeal’ as a PDF document without proceeding to the payment yet.

  • Payment method and confirmation

    You can pay e-appeal fees by credit card, bank transfer or via an EUIPO current account. The EUIPO provides an online service to current account holders giving access to all their current account transactions and information.

    Please note that if you decide to pay by bank transfer, it is recommended that you make a note of the payment transaction code, as this will help identify your payment.

    When you click on ‘Confirm payment’ in the following window, your application will be submitted.

  • What happens after I have submitted my application form?

    Once the submission process has been completed you will receive confirmation that your application has been correctly submitted, together with an official application number. You can use the appeal number for any communication with the Office related to your appeal.

    You will also need to download your official receipt and confirmation in a single PDF file. Please note that the Office does not issue copies of receipts.

  • Explanation of types of decisions

    Contested decision types: EUTMs/International Registrations

    • EUTM Examination: select this if you wish to appeal a decision of the Examination Division refusing to register your application for an EUTM.
    • Opposition: select this if you wish to appeal a decision of the Opposition Division.
    • Cancellation: select this if you wish to appeal a decision of the Cancellation Division.
    • International Registration Examination: select this if you wish to appeal a decision of the Examination Division refusing to grant protection to your designation of the EU under the Madrid System. This includes, in particular, decisions refusing protection on absolute grounds, decisions relating to formal deficiencies in relation to collective marks, the absence of a second language, seniority claims and the appointment of a representative.
    • International Application: select this if you wish to appeal against a decision taken by the Office when acting as the office of origin under the Madrid System. This includes, in particular, decisions to refuse to forward your international application to WIPO, decisions relating to payment of the transmission fee, priority claims, formalities such as entitlement, description, lack of clarity in the specification of goods and services, failure to transliterate the mark and translation issues.
    • EUTM Subsequent Designation: select this if you wish to appeal against a decision of the Office, acting as the office of origin, in relation to a request for the territorial extension of your international registration. This includes, in particular, decisions relating to formal deficiencies such as in the form used, failure to indicate the registration on which the request is based, issues in the list of goods and services, entitlement issues, failure to authorise a translation, failure to use the same language as in the original international application.
    • Recordal: select this if you wish to appeal against a decision in which, in particular, any of the following requests were refused — total or partial transfer; division applications made under Article 44 EUTMR; post-registration seniority claim; cancellation of a seniority claim; recording of a right in rem; cancellation of a right in rem; alteration of the mark; recording of a levy of execution; recording a licence; conversion; renewal, etc.
    • General Authorisation: select this if you wish to file an appeal against a decision of the Office refusing to accept a general authorisation filed in relation to an employee seeking to represent their employer in an EUTM matter.
    • Inspection Request: select this if you wish to appeal a decision of the Office refusing an application for inspection of files in relation to the EUTM register.
    • Representative: select this if you wish to appeal a decision of the Office refusing entry to the list of professional EUTM representatives.

    Contested decision types: RCDs

    • RCD Examination/Totally rejected: select this if you wish to appeal a decision of the Designs Division refusing to register your RCD application in its entirety.
    • RCD Examination/Multiple application partially rejected: select this if you wish to appeal a decision of the Designs Division in which it refused to register some parts of your RCD multiple application.
    • RCD Invalidity: select this if you wish to appeal a decision of the Invalidity Division.
    • RCD/International Registration: select this if you wish to appeal a decision of the Designs Division refusing to grant protection of your designation to the EU under the Hague System.
    • RCD Recordal: select this if you wish to appeal a decision of the Office in which, in particular, any of the following requests were refused: total transfer; partial transfer; recording of a right in rem; cancellation of a right in rem; recording of a levy of execution; recording a licence; renewal etc.
    • RCD General Authorisation: select this if you wish to file an appeal against a decision of the Office not to accept the general authorisation filed in relation to an employee seeking to represent their employer in an RCD matter.
    • RCD Inspection Request: select this if you wish to file an appeal against a decision of the Office refusing your application for inspection of files in relation to the RCD register.
    • RCD Representative: select this if you wish to appeal a decision of the Office refusing entry to the list of professional RCD representatives.
 
Page last updated 24-02-2018
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