5-3-4 The EUIPO’s current trade mark practice

1.
The Office is obliged to establish, on the basis of a factual assessment, why the trade mark applied for would be objectionable.

2.
In accordance with Article 15(1)(a) EUTMR, minor amendments to the sign that do not alter its distinctive character may be allowed.

3.
Applicants have a right to appeal against a decision that terminates proceedings and that adversely affects them.

4.
The opponent must prove its entitlement to file the opposition under the applicable European Union legislation or national law.

5.
Following the entry into force of the Amending Regulation, the Office will no longer be able to request disclaimers; similarly, no requests for disclaimers entered by the EUTM applicant will be accepted.