For further information regarding the application fee for declaration of invalidity, please consult the fees and payment section.
Concerning Community design invalidity proceedings, applicants who do not have their domicile, principal place of business or real and effective commercial establishment within the EEA (
European Economic Area) are required to be represented before the Office. To access the Office’s list of representatives, please consult
The language of cancellation proceedings has to be one of the five languages of the Office and one of the two languages chosen by the EUTM proprietor when it applied for the contested trade mark. For detailed rules on how to determine the language of proceedings, see the
Guidelines, Part C, Opposition, Section 1, Procedural Matters, paragraph 2.3.
Invalidity applications will be received by the EUIPO, which is competent, together with the Community design courts, to resolve conflicts that arise concerning registered Community designs. On the other hand, conflicts concerning unregistered Community designs will be dealt with exclusively by the Community design courts.
Once a number of decisions on these matters have been reached by the EUIPO and by the competent national courts (Community design courts) or European courts, case-law will naturally and gradually be built up. This will be documented and commented on for all to consult.
To consult case-law, please use
eSearch Case Law.