Appealing a Decision of the Board of Appeal of EUIPO before the General Court
At Bauer-IP, our experienced European trademark attorneys are here to assist clients with applications for a decision by the General Court against decisions of the Board of Appeal of the European Union Intellectual Property Office (EUIPO). We provide strategic legal support and representation for complex litigation before the General Court of the European Union.
When you receive an unfavorable decision from the Board of Appeal of EUIPO, you may have the right to challenge it before the General Court. This process is governed by Articles 71 and 72 of the EU Trade Mark Regulation, which outline how parties adversely affected by the Board’s decision can file an appeal on grounds such as lack of competence, procedural errors, infringement of EU law, or misuse of power.
The General Court has jurisdiction to annul or alter the contested decision. The appeal must be filed within two months of the notification of the Board of Appeal’s decision.
Whether you are an individual applicant, a company, or a legal entity, we guide you through each step of the litigation process, ensuring full compliance with the procedural requirements set by the General Court.
If your business has been affected by an adverse decision from the Board of Appeal of EUIPO, contact Bauer-IP, your trusted European trademark attorney, for tailored legal assistance with your application to the General Court.
Our European trademark lawyers at Bauer-IP handle all aspects of this procedure, including:
Preparation and submission of procedural documents via the e-Curia system.
Drafting the application, including statements of facts, legal pleas, and supporting evidence.
Managing procedural timelines and responding to the EUIPO’s and other parties’ submissions.
Representing clients at hearings before the General Court.
Procedural Stages Before the General Court
The appeal procedure includes both a written and oral phase:
Written Procedure:
Submission of an application via the e-Curia system, including legal pleas, supporting arguments, and evidence.
The defendant and any other parties to the proceedings before the Board of Appeal must submit their response within two months of service.
A reply and rejoinder may follow, though the General Court can decide that a second exchange of pleadings is unnecessary.
Oral Procedure:
A hearing may be arranged either at the request of a party or by the General Court itself.
If no request is made, the Court may rule on the case based solely on written pleadings.
Language Regime
In direct actions against decisions of the EUIPO, the language of the case is generally the language used in the proceedings before the Board of Appeal. However, in intellectual property cases, the applicant may choose the language of the case. If there is a disagreement or multiple parties, the Court may designate the language in line with established procedural rules.
Written and Oral Procedure
The proceedings include two key phases:
Written Procedure:
Submission of the application via e-Curia, including:
Applicant’s name and address
Representative’s name and contact
Identity of the defendant (EUIPO)
Subject matter and summary of grounds
Detailed pleas in law and arguments
Relief sought (annulment or alteration)
Annexes such as a copy of the contested decision and proof of notification
Followed by:
Defence from the EUIPO within two months
Optional Reply from the applicant
Optional Rejoinder from the EUIPO
Oral Procedure:
A hearing may be requested by a party or convened by the Court
If no hearing is held, the Court may decide based on the written record
Stay and Resumption of Proceedings
Proceedings before the General Court may be stayed:
If another matter pending before the Court of Justice may affect the outcome
By agreement of all parties
Due to procedural or legal complexities
Resumption is ordered by the President of the Court, typically after consultation with the parties involved.
New Pleas in Law and Evidence
New pleas in law introduced after the application are only admissible if based on new legal or factual elements arising during the proceedings
All evidence should be submitted with the application or first reply unless justification is provided for late submission
Special Provisions for Intellectual Property Cases
The defendant is always the European Union Intellectual Property Office (EUIPO)
Other parties involved before the Board of Appeal may participate as interveners
In case of transfer of intellectual property rights, the new holder may replace the original applicant in the procedure
The General Court has specialized chambers dealing with intellectual property law, ensuring expert adjudication
Our European trademark lawyers at Bauer-IP handle the entire process, ensuring:
Timely and compliant submission of applications
Thorough presentation of facts and legal grounds
Coordination with interveners and procedural authorities
Representation at hearings before the General Court
If your European trademark rights have been adversely affected by a decision of the Board of Appeal of EUIPO, contact Bauer-IP, your trusted European trademark attorney, for expert assistance with your application for a decision by the General Court. Our team of European trademark attorneys is committed to defending your rights and navigating the complexities of litigation before the General Court.