EUIPO and member offices: communication on evidence in trademark appeal proceedings

The European Union Intellectual Property Office (EUIPO) and the offices of the EU member states have prepared a common communication on the filing and presentation of evidence, and the treatment of confidential evidence in trademark appeal proceedings.

The aim of the common communications is that the authorities in various countries and the EUIPO apply a common practice in their decisions. The purpose is to increase transparency, legal certainty, and predictability for the benefit of experts and users. The goal of the common practice now published is to describe the general principles on the evidence in trademark appeal proceedings. Furthermore, the purpose is to provide information on the admissibility of the types of evidence, means and sources of evidence, establishing the relevant dates of evidence, ways to present evidence and the confidentiality of evidence.

The PRH will not implement the common practice described above. However, we will take the principles presented in the common practice into consideration in our proceedings and instruct trademark applicants to read them as well.

Read the Common Communication on evidence in trademark appeal proceedings on the EUIPO website.

For more information, please contact:
Sara Henriksson
Senior Legal Officer
Tel. + 358 29 509 5523

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Latest update 31.03.2021