7-2-2 APPEAL word forms

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

2. The statement of grounds for must be a succinct but full statement of the ‘s arguments in the appeal. Since, in practice, proceedings are primarily a written procedure, arguments should always be fully developed in writing and not be reserved for possible oral hearings.

3. Decisions on revocation/cancellation are made by the department or unit who made the entry or took the decision and can be under Article 58(2) EUTMR.

4. It is the responsibility of the Boards of Appeal to decide on an decision. Pursuant to Article 61 EUTMR, in ex parte cases the Boards send the decision back to the department that took the decision in order for it to be revised. This enables the first-instance decision-taker to rectify the decision if the is admissible and well founded.

5. The Board of , in addition to the facts expressly put forward by the parties, may take into consideration facts which are well known, that is, which are likely to be known by anyone or which may be learnt from generally accessible sources.

6. Appeals have suspensive effect. Within the period in which an can be lodged, the Office should not take any steps that cannot easily be reversed (e.g. publication or entry in the Register). The same goes for the period up until a final decision is taken where a case is brought before the General Court (GC) or Court of Justice of the European Union (CJEU) by an action under Article 65 EUTMR.

7. The must file the notice of appeal within two months from the date of notification of the contested decision.

8. When a decision is annulled by the Boards of and remitted to the Opposition Division, the Opposition Division has to decide on the case again and will take a decision on and fix the costs in the usual way.

9. The must indicate to what extent an amendment or cancellation of the contested decision is requested. In particular, they must specify whether the decision is entirely or partially contested. In the latter case, the contested part must be specified.

10. The may withdraw its , then the contested decision becomes final.