An online appeal in relation to a community trademark incurs a fee of 720 EURO and an appeal in relation to a community design costs the applicant 800 EURO.
Notice of Appeal to EUIPO
After the contested decision has been notified, the applicant has two months to file the notice of appeal. In addition, applicants will have to pay the appeal fee within that two-month time limit.
Statement of Grounds for Appeal
In a next step, the applicant must provide the EUIPO with the reasons for appeal, in facts and in law. The statement of grounds can be filed simultaneously with the notice of appeal or separately within four months after notification of the contested decision.
For instance, the rights of the proprietor of an EU trade mark can be revoked if:
- the EU trademark is not put to genuine use in the European Union within the first five years following its registration;
- if the trade mark has become the common name for a product or service for which it is registered and the proprietor has not taken sufficient measures to prevent this; or
- the EU trademark is misleading with regards to the nature, quality or geographical origin of the goods and services for which the trademark is registered.
There may also be relative or absolute grounds to declare a trademark invalid.
Board of Appeal
The EUIPO’s Board of Appeal decides on appeals against first instance decisions taken by EUIPO concerning European Union trade marks and registered Community designs. The Boards of Appeal are independent.
The decisions of the Boards of Appeal can be challenged before the General Court. Judgments of the General Court are subject to a right to appeal to the Court of Justice of the European Union but on points of law only.