EUIPO Appeals

Protecting your intellectual property rights by filing appeals with EUIPO

serviciu-contestatii-euipo

Filing an appeal
at EUIPO

Guaranteeing the protection of your intellectual property rights by filing an appeal with EUIPO against unfavourable decisions. We support your position with strong, case-built arguments.

Our experienced lawyers provide complete appeal-drafting services. We analyse your case in detail and manage all stages of the process, ensuring that your arguments are presented clearly and convincingly.

Benefits

3200+

Clients
we represented

2500+

Trademarks registered
at OSIM

800+

Registered trademarks

Portfolio

FAQ

01
What is an EUIPO appeal?

An EUIPO appeal is a legal procedure that allows the review of a decision issued by the European Union Intellectual Property Office. These decisions may include the rejection of a trademark application, the resolution of an opposition, the cancellation or invalidation of an existing mark. An appeal provides a way to correct procedural or legal errors and ensures that the rights of the parties involved are respected.

We stand by your side throughout the entire appeal process, from analysing the contested decision, identifying the strongest grounds for appeal, drafting arguments and preparing evidence, to submitting the documentation. We also handle correspondence with EUIPO and represent your interests at every stage of the procedure.

The reasons for filing an appeal may vary, but the most common include procedural errors, such as failure to comply with time limits or incorrect application of legal rules, incorrect assessment of evidence, incomplete evaluation of facts, or lack of adequate reasoning in the initial decision. An appeal is justified when there is evidence that the initial decision did not comply with applicable law or regulations.

The deadline for filing an appeal is 2 months from the date of notification of the contested decision. Respecting this deadline is essential, as missing it leads to the loss of the right to appeal. It is important for the party concerned to monitor deadlines carefully and act promptly. Our agency ensures that your appeal is submitted on time and under optimal conditions to maximise your chances of success.

The resolution of an appeal may take between 12 and 18 months, depending on the complexity of the case and the workload of the Boards of Appeal. Complex procedures involving multiple parties or additional evidence may require more time before completion.

Opposition proceedings are preventive procedures through which rights holders contest the registration of a trade mark application before it is approved. Appeals, on the other hand, are directed against administrative decisions already issued by EUIPO, seeking their review. In short, opposition is preventive, while an appeal is corrective.

If the opposing party does not reply within the deadline set by EUIPO, the Board of Appeal resolves the case based on the information and documentation provided by the appellant. A lack of response does not automatically guarantee success; the decision is made based on the merits of the case.

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