Filing an appeal
at OSIM and EUIPO
We ensure the protection of your trademark by filing appeals before OSIM or EUIPO against unfavourable decisions. This allows you to challenge refusals or other decisions that negatively affect your rights.
We draft appeals based on a detailed analysis of your case and strong legal arguments. We also manage communication with the IP office throughout the entire procedure, ensuring your interests are fully protected.
Benefits
Clients
we represented
Trademarks registered
at OSIM
Registered trademarks
Portfolio
Ziarul Argeșul
Webcar
Prisaca Transilvania
Nativ
FAQ
01What is an appeal before OSIM or EUIPO?
An appeal is a legal procedure that allows the review of a decision issued by OSIM or EUIPO. It is used when a party believes that the decision is incorrect from a legal, procedural, or evidentiary standpoint. Appeals may target the refusal of a trademark application, the rejection of an opposition, or other decisions concerning intellectual property rights.
02What are the benefits of using your appeal services?
We provide full assistance throughout the entire appeal process, including analysing contested decisions, identifying the reasons for appeal, preparing and drafting legal arguments, gathering relevant evidence, and submitting a complete appeal file. We also manage communication with the IP office and represent your interests to maximise your chances of obtaining a favourable outcome.
03What are the reasons for filing an appeal?
The reasons for filing an appeal include procedural errors (such as the incorrect application of legal rules), the misinterpretation of facts or evidence, or the incorrect assessment of submitted proof in relation to legal provisions. Appeals may also be justified when a decision lacks adequate reasoning or when relevant evidence has been omitted.
04What decisions can be appealed before OSIM or EUIPO?
An appeal may be filed against a variety of decisions, including the refusal of a trademark application, the annulment or invalidation of an existing right, the settlement of an opposition, as well as other administrative decisions that affect the intellectual property rights of the parties involved.
05Care este termenul pentru depunerea unei contestații?
At OSIM, the deadline for filing an appeal is generally 30 days from the date the decision is received. At EUIPO, the deadline is 2 months from the date of notification of the contested decision. It is essential to observe these deadlines, as missing them may lead to the loss of the right to appeal.
06What should an appeal contain?
An appeal should contain detailed arguments supporting the request for review, together with relevant documents that support the case and proof of payment of the appeal fee. All documents must be drafted clearly and logically to facilitate assessment by the competent authority. TAS Agency assists in drafting and organising the appeal file, thereby increasing the chances of success.
07How long does it take to resolve an appeal?
The duration depends on the complexity of the case. At OSIM, the procedure typically takes between 6 and 12 months, while at EUIPO it may take between 12 and 18 months. In more complex cases, where additional evidence or submissions are required, the process may take longer.
08What happens if the appeal is dismissed?
If the appeal is dismissed, the initial decision remains in force. The party who filed the appeal may further challenge the decision before a higher authority (such as the Board of Appeal at EUIPO) or initiate judicial proceedings, if allowed under the applicable legislation.
09What happens if the appeal is accepted?
If the appeal is accepted, the initial decision is modified or overturned according to the conclusions reached. For example, a previously refused trademark may be approved, or a cancellation decision may be declared invalid. In some cases, the solution may include additional changes needed to satisfy all parties involved.
10Cum diferă contestațiile de la OSIM față de cele de la EUIPO?
Appeals before OSIM are governed by national legislation and apply to intellectual property rights valid in Romania. EUIPO appeals follow a uniform procedure applicable within the European Union and concern rights valid in all member states. The procedures, fees, and deadlines differ between the two institutions.