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Admissibility check harmonised

May 25, 2021 - practice_tips
Admissibility check harmonised

Admissibility check harmonised
The extent of admissibility check in opposition and relative grounds invalidity proceedings has been harmonised.

It has been long-standing practice in opposition proceedings to find the opposition admissible on the basis of only one of the several earlier rights invoked and continue with the adversarial part of the proceedings.

In order to harmonise, for an application for a declaration of invalidity based on relative grounds to be deemed admissible, it suffices if only one of the earlier rights invoked is found admissible.

As in opposition proceedings, the admissibility of the other earlier rights will not be examined by default, but only later in the proceedings, if deemed necessary. The parties will be informed about the earlier right on the basis of which the application has been found admissible.

The same would also apply to applications for invalidity based on a combination of relative and absolute grounds. In this case, the parties will be informed about the earlier right on the basis of which the application has been found admissible and that the remaining rights and grounds have not been checked.

For any questions on this change in practice, please contact KeyUserManagement@euipo.europa.eu or call us on +34 965 13 9110.


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