II 
(Non-legislative acts) 
REGUL ATIONS 
COMMISSION DELEGA TED REGUL ATION (EU) 2017/1430 
of 18 May 2017 
supplementing Council Regulation (EC) No 207/2009 on the European Union trade mark and 
repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regard to Council Regulation (EC) No 207/2009 of 26 Febr uary 2009 on the European Union trade mark (1), 
and in particular Article 42a, Article 43(3), Article 57a, Article 65a, Article 77(4), Article 78(6), Article 79(5), 
Article 79b(2), Article 79c(5), Article 80(3), Article 82a(3), Article 93a, Article 136b, Article 154a(3) and 
Article 156(4) thereof, 
Whereas: 
(1)  Council Regulation (EC) No 40/94 (2), which was codifie d as Regulation (EC) No 207/2009, creat ed a system 
specific to the Union for the protection of trade marks to be obtained at the level of the Union on the basis of an 
application to the European Union Intellectual Proper ty Offi ce (‘the Offi ce’). 
(2)  Regulation (EU) 2015/2424 of the European Parliament and of the Council (3) amending Regulation (EC) 
No 207/2009 aligns the powers conferr ed therein upon the Commission to Articles 290 and 291 of the Treaty 
on the Functioning of the European Union. In order to conf orm with the new legal framewor k resulting from 
that alignment, certain rules should be adopt ed by means of implementing and delega ted acts. The new rules 
should be applied instea d of the existing rules whic h are laid down in Commission Regulations (EC) 
No 2868/95 (4) and (EC) No 216/96 (5) and aim at implementing Regulation (EC) No 207/2009. Regulations (EC) 
No 2868/95 and (EC) No 216/96 should theref ore be repealed. 
(3)  The procedural rules on opposition should ensure an effective, efficient and expeditious examination and 
registration of EU trade mark applications by the Office using a procedure whic h is transparent, thorough, fair 
and equitable. In order to enhance legal certainty and clarity, those opposition rules should take account of the 
exte nded relative grounds for refusal laid down in Regulation (EC) No 207/2009, in particular as regar ds the 
requirements for admissibility and substantiation of opposition proceedings, and be adjusted to better reflect the 
case law of the Cour t of Justice of the European Union and to codify the practice of the Offi ce. 8.8.2017 L 205/1 Official Jour nal of the European Union EN     
(1)OJ L 78, 24.3.2009, p. 1. 
(2)Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1). 
(3)Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) 
No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) 
No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for 
Harmonization in the Intern al Market (Trade Marks and Designs) (OJ L 341, 24.12.2015, p. 21). 
(4)Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community 
trade mark (OJ L 303, 15.12.1995, p. 1). 
(5)Commission Regulation (EC) No 216/96 of 5 Febr uary 1996 laying down the rules of procedure of the Boards of Appeal of the Office for 
Harmonization in the Intern al Market (Trade Marks and Designs) (OJ L 28, 6.2.1996, p. 11). (4)  In order to allow for a more flexible, consistent and moder n trade mark syste m in the Union, while ensur ing 
legal certainty , it is appropr iate to reduce the administrative burden for the parties in inter -par tes proceedings by 
relaxing the requirements for the substantiation of earlier rights in cases where the cont ent of the relevant 
evidence is accessible online from a source recognised by the Offi ce, as well as the requirement of submitting 
evidence in the languag e of the proceedings. 
(5)  In the interest of clarity and legal certainty , it is important to specify the requirements for amending an 
application for an EU trade mark in a clear and exhaustive manner . 
(6)  The procedural rules governing the revocation and declaration of inva lidity of an EU trade mark should ensure 
that an EU trade mark can be revok ed or declared invalid in an effective and efficient way by means of 
transparent, thorough, fair and equitable procedures. For the sake of greater clarity, consistency as well as 
efficiency and legal certainty , the procedural rules governing the revocation and declaration of invalidity of an EU 
trade mark should be aligned with those applicable to opposition proceedings, retaining only those diffe rences 
whic h are required due to the specific nature of revocati on and declaration of invalidity proceedings. 
Further more, requests for assignment of an EU trade mark registere d in the name of an unauthor ised agent 
should follow the same procedural path as invalidity proceedings, serving in practice as an alternative to 
invalidating the mark. 
(7)  According to settled case-law of the Cour t of Justice (1), unless other wise provided, the Offi ce enjo ys discretionar y 
powers when examining belated evidence, submitted for the purpose of either substantiating an opposition or 
proving genuine use of the earlier mark in the context of opposition or invalidity proceedings. In order to ensure 
legal certainty the relevant boundar ies of such discretion should be accurat ely reflected in the rules governing 
opposition proceedings or proceedings for the declaration of invalidity of EU trade marks . 
(8)  In order to allow for an effective, efficient and, within the scope of the appeal defined by the parties, compl ete 
review of decisions taken by the Office in the first instance by means of a transparent, thorough, fair and 
impartial appeal procedure suited to the specif ic nature of intellectual proper ty law and taking into account the 
principles laid down in Regulation (EC) No 207/2009, it is appropr iate to reinf orce legal certainty and predict ­
ability by clarifying and specifying the procedural rules and the parties' procedural guarant ees, in particular where 
a defendant makes use of the right to file a cross appeal. 
(9)  In order to ensure an effective and efficient organisation of the Boards of Appeal, the President, the chair persons 
and the members of the Boards of Appeal should, in the exercise of their respective functions conferr ed upon 
them by Regulation (EC) No 207/2009 and by this Regulation, be required to ensure a high quality and 
consiste ncy of the decisions taken independently by the Boards on appeal as well as the efficiency of the appeal 
proceedings. 
(10)  In order to ensure the independence of the President, the chair persons and the members of the Boards of Appeal 
as provided in Article 136 of Regulation (EC) No 207/2009, the Managem ent Board should take the latter Article 
into account when adopt ing appropr iate implementing rules to give effect to the Staff Regulations and the 
Conditions of Emplo yment of Other Servants in accordance with Article 110 of the Staff Regulations. 
(11)  In order to enhance the transparency and predictability of the appeal proceedings, the rules of procedure of the 
Boards of Appeal currently laid down in Regulations (EC) No 2868/95 and (EC) No 216/96, should be set out in 
a sing le text and properly inter linked with the procedural rules applicable to the instances of the Office whose 
decisions are subject to appeals. 
(12)  For the sake of clarity and legal certainty , it is required to codify and clarify certain procedural rules governing 
oral proceedings, in particular relating to the language of such proceedings. It is further appropr iate to provide 
greate r efficiency and flexibility by introducing the possibility of taking part in oral proceedings by technical 
means and of substituting the minutes of oral proceedings by their recording. 8.8.2017 L 205/2 Official Jour nal of the European Union EN     
(1)Judgment of 13 March 2007, Case C-29/05P , OHIM/K aul GmbH, (ARCOL/CAPOL), ECR I-2213, ECLI:EU:C:2007:162, paragraphs 
42-44; judgment of 18 July 2013, Case C-621/11P , New Yorker SHK Jeans GmbH & Co. KG/OHIM, (FISHBONE/FISHBONE 
BEA CHWEAR), ECLI:EU:C:2013:484, paragraphs 28-30; judgment of 26 September 2013, Case C-610/11P , Centroth erm Systemtechnik 
GmbH/OHIM, (CENTR OTHERM), ECLI:EU:C:2013:593, paragraphs 85-90 and 110-113; judgment of 3 October 2013, Case C-120/12P , 
Bernhar d Rintisch/OHIM, (PROTI SNA CK/PR OTI), ECLI:EU:C:2013:638, paragraphs 32 and 38-39; judgment of 3 October 2013, Case 
C-121/12P , Bernhar d Rintisch/OHIM, (PROTIVIT AL/PR OTI), ECLI:EU:C:2013:639, paragraphs 33 and 39-40; judgment of 3 October 
2013, Case C-122/12P , Bernhar d Rintisch/OHIM, (PROTIA CTIVE/PR OTI), ECLI:EU:C:2013:628; paragraphs 33 and 39-40; judgment of 
21 July 2016, Case C-597/14P , EUIPO/Xavier Grau Ferrer, paragraphs 26-27. (13)  In order to further streamline proceedings and render them more consist ent, it is appropr iate to set out the basic 
structure and format of evidence to be submitted to the Offi ce in all proceedings, as well as the consequences of 
not submitting evidence in accordance with that structure and format. 
(14)  In order to moder nise the trade mark system in the Union by adapting it to the internet era, it is further 
appropr iate to provide for a definition of ‘electronic means’ in the context of notifications and for forms of 
notification that are not obsolete. 
(15)  In the interest of efficiency , transparency and user -friendliness, the Offi ce should make available standard forms 
in all the official languag es of the Offi ce for communication in proceedings before the Office, which may be 
compl eted online. 
(16)  For the purposes of greater clarity, consiste ncy and efficiency , a provision on the suspension of opposition, 
revocati on, invalidity and appeal proceedings should be introduced, laying down also the maximum duration of 
a suspension request ed by both parties. 
(17)  The rules governing the calculation and duration of time limits, the procedures for the revocati on of a decision 
or for cancellation of an entr y in the Regist er, the detailed arrang ements for the resump tion of proceedings, and 
the details on representation before the Offi ce need to ensure a smooth, effective and efficient operation of the 
EU trade mark system. 
(18)  It is necessar y to ensure the effective and efficient registration of internati onal trade marks in a manner that is 
fully consistent with the rules of the Protocol relating to the Madr id Agreement concer ning the international 
registration of marks . 
(19)  The rules laid down in this Regulation supplement provisions of Regulation (EC) No 207/2009 that have been 
amended by Regulation (EU) 2015/2424 with effect from 1 October 2017. It is theref ore necessar y to defer the 
applicability of those rules until the same date. 
(20)  Notwithstanding the repeal of Regulations (EC) No 2868/95 and (EC) No 216/96, it is necessar y to continue to 
apply specifi c provisions of those Regulations to certain proceedings that had been initiat ed before the abovemen ­
tioned date until the conclusion of those proceedings, 
HAS ADOPTED THIS REGUL ATION: 
TITLE I 
GENERAL PROVISIONS 
Article 1 
Subject matter 
This Regulation lays down rules specifying: 
(a)  the details of the procedure for filing and examining an opposition to the registration of an EU trade mark at the 
European Union Intellectual Proper ty Offi ce (‘the Offi ce’); 
(b)  the details of the procedure governing the amendment of an application for an EU trade mark; 
(c)  the details governing the revocation and declaration of invalidity of an EU trade mark, as well as the transfer of an 
EU trade mark registered in the name of an unauthor ised agent; 
(d)  the formal content of a notice of appeal and the procedure for the filing and the examination of an appeal, the 
formal cont ent and form of the Boards of Appeal's decisions and the reimbursement of the appeal fee, the details 
concer ning the organisation of the Boards of Appeal, and the conditions under whic h decisions on appeals are to be 
take n by a sing le member; 
(e)  the detailed arrange ments for oral proceedings and for the taking of evidence; 
(f)  the detailed arrang ements for notification by the Offi ce and the rules on the means of communication with the 
Offi ce; 8.8.2017 L 205/3 Official Jour nal of the European Union EN     (g)  the details regarding the calculation and duration of time limits; 
(h)  the procedure for the revocati on of a decision or for the cancellation of an entr y in the Regist er of EU trade marks ; 
(i)  the detailed arrange ments for the resump tion of proceedings before the Offi ce; 
(j)  the conditions and the procedure for the appointment of a common representative, the conditions under which 
emplo yees and professional representatives shall file an author isation, and the content of that author isation, and the 
circumstances in which a person may be remo ved from the list of admitte d profes sional representatives; 
(k)  the details of the procedure concer ning international registrations based on a basic application or basic registration 
relating to a collective mark, certification mark or guarant ee mark, and the procedure for the filing and examination 
of an opposition to an international registration. 
TITLE II 
PROCEDURE FOR OPPOSITION AND PROOF OF USE 
Article 2 
Notice of opposition 
1. A notice of opposition may be entered on the basis of one or more earlier marks or other rights within the 
meaning of Article 8 of Regulation (EC) No 207/2009, provided that the propr ietors or author ised persons entering the 
notice pursuant to Article 41 of Regulation (EC) No 207/2009 are entitled to do so for all the earlier marks or rights. 
Where an earlier mark has more than one propr ietor (co-o wnership) or where an earlier right may be exer cised by more 
than one person, an opposition pursuant to Article 41 of Regulation (EC) No 207/2009 may be filed by any or all of 
the propr ietors or author ised persons. 
2. The notice of opposition shall contain: 
(a)  the file number of the application against whic h opposition is entered and the name of the applicant for the EU 
trade mark; 
(b)  a clear identif ication of the earlier mark or right on which the opposition is based, namely: 
(i)  where the opposition is based on an earlier mark within the meaning of Article 8(2)(a) or (b) of Regulation (EC) 
No 207/2009, the file number or registration number of the earlier mark, an indication of whether the earlier 
mark is registered or an application for registration of that mark, as well as an indication of the Member States 
including, where applicable, the Benelux, in or for whic h the earlier mark is prote cted, or, if applicable, the 
indication that it is an EU trade mark; 
(ii)  where the opposition is based on a well-kno wn mark within the meaning of Article 8(2)(c) of Regulation (EC) 
No 207/2009, the indication of the Member State (s) where the mark is well-kno wn and a representation of the 
mark; 
(iii)  where the opposition is based on the absence of the propr ietor's consent as refer red to in Article 8(3) of 
Regulation (EC) No 207/2009, an indication of the territory in whic h the earlier trade mark is protect ed, the 
representation of the mark and, if applicable, an indication whether the earlier mark is an application or 
a registration, in which case the filing or registration number shall be provided; 
(iv)  where the opposition is based on an earlier mark or another sign within the meaning of Article 8(4) of 
Regulation (EC) No 207/2009, an indication of its kind or nature, a representation of the earlier mark or sign, 
and an indication of whether the right to the earlier mark or sign exists in the whole Union or in one or more 
Member States, and if so, an indication of those Member States; 
(v)  where the opposition is based on an earlier designation of origin or geographical indication within the meaning 
of Article 8(4a) of Regulation (EC) No 207/2009, an indication of its nature, a representation of the earlier 
designation of origin or geographical indication, and an indication of whether it is prot ected in the whole Union 
or in one or more Member State s, and if so, an indication of those Member States; 8.8.2017 L 205/4 Official Jour nal of the European Union EN     (c)  the grounds on whic h the opposition is based by means of a state ment to the effect that the requirements under 
Article 8(1), (3), (4), (4a) or (5) of Regulation (EC) No 207/2009 in respect of each of the earlier marks or rights 
invoked by the opposing party are fulfilled; 
(d)  in the case of an earlier trade mark application or registration, the filing date and, where available, the registration 
date and the priority date of the earlier mark; 
(e)  in the case of earlier rights pursuant to Article 8(4a) of Regulation (EC) No 207/2009, the date of application for 
registration or, if that date is not available, the date from whic h prote ction is granted; 
(f)  in the case of an earlier trade mark application or registration, a representation of the earlier mark as register ed or 
applied for; if the earlier mark is in colour , the representation shall be in colour; 
(g)  an indication of the goods or services on which each of the grounds of the opposition is based; 
(h)  as concer ns the opposing party: 
(i)  the identification of the opposing party in accordance with Article 2(1)(b) of Commission Implementing 
Regulation (EU) 2017/1431 (1); 
(ii)  where the opposing party has appoint ed a representative, or where representation is mandatory pursuant to 
Article 92(2) of Regulation (EC) No 207/2009, the name and business address of the representative in 
accordance with Article 2(1)(e) of Implementing Regulation (EU) 2017/1431; 
(iii)  where the opposition is entered by a licensee or by a person who is entitled under the relevant Union legislation 
or national law to exer cise an earlier right, a statement to that effect and indications concer ning the author is­
ation or the entitlement to file the opposition; 
(i)  an indication of the goods or services against whic h the opposition is direct ed; in the absence of such an indication, 
the opposition shall be considered to be directed against all of the goods or services of the opposed EU trade mark 
application. 
3. Where the opposition is based on more than one earlier mark or earlier right, paragraph 2 shall apply for each of 
those marks , signs, designations of origin or geographical indications. 
4. The notice of opposition may also contain a reasoned statement on the grounds, the facts and arguments on 
whic h the opposition relies, and evidence to suppor t the opposition. 
Article 3 
Use of languages in opposition proceedings 
The opposing party or the applicant may, before the date on whic h the adversar ial part of the opposition proceedings 
are deemed to commence pursuant to Article 6(1), inform the Office that the applicant and the opposing party have 
agreed on a diffe rent language for the opposition proceedings pursuant to Article 119(7) of Regulation (EC) 
No 207/2009. Where the notice of opposition has not been filed in that languag e, the applicant may request that the 
opposing party file a translation in that languag e. Such a request must be received by the Office not later than the date 
on whic h the adversar ial part of the opposition proceedings are deemed to commence. The Offi ce shall specify a time 
limit for the opposing party to file a translation. Where that translation is not filed or filed late, the language of the 
proceedings as deter mined in accordance with Article 119 of Regulation (EC) No 207/2009 (‘language of proceedings’) 
shall remain unchang ed. 
Article 4 
Information to the parties to opposition proceedings 
The notice of opposition and any document submitt ed by the opposing party, as well as any communication addressed 
to one of the parties by the Offi ce prior to the finding on admissibility shall be sent by the Office to the other party for 
purposes of informing of the introduction of an opposition. 8.8.2017 L 205/5 Official Jour nal of the European Union EN     
(1)Commission Implementing Regulation (EU) 2017/1431 of 18 May 2017 laying down detailed rules for implem enting certain provisions 
of Council Regulation (EC) No 207/2009 on the European Union trade mark (see page 39 of this Offi cial Jour nal). Article 5 
Admissib ility of the opposition 
1. Where the opposition fee has not been paid within the opposition period laid down in Article 41(1) of Regulation  
(EC) No 207/2009, the opposition shall be deemed not to have been entered. Where the opposition fee has been paid 
after the expir y of the opposition period, it shall be refunded to the opposing party. 
2. Where the notice of opposition has been filed after the expir y of the opposition period, the Office shall reject the 
opposition as inadmissible. 
3. Where the notice of opposition has been filed in a languag e whic h is not one of the languages of the Office as 
required under Article 119(5) of Regulation (EC) No 207/2009, or where it does not compl y with Article 2(2)(a), (b) 
or (c) of this Regulation, and where those deficiencies have not been remedied before the expir y of the opposition 
period, the Office shall reject the opposition as inadmissible. 
4. Where the opposing party does not submit a translation as required under Article 119(6) of Regulation (EC) 
No 207/2009, the opposition shall be reject ed as inadmissible. Where the opposing party submits an incomplet e 
translation, the part of the notice of opposition that has not been translated shall not be taken into account in the 
examination of admissibility . 
5. Where the notice of opposition does not comply with the provisions of Article 2(2)(d) to (h), the Offi ce shall 
inform the opposing party according ly and shall invit e it to remedy the deficiencies note d within a period of two 
months. If the deficiencies are not remedied before the time limit expires, the Offi ce shall reject the opposition as 
inadmissible. 
6. The Office shall notify the applicant of any finding pursuant to paragraph 1 that the notice of opposition is 
deemed not to have been entered and of any decision to reject the opposition on the grounds of inadmissibility under 
paragraphs 2, 3, 4 or 5. Where an opposition is reject ed in its entirety as inadmissible pursuant to paragraphs 2, 3, 4 
or 5, prior to the notifi cation of Article 6(1), no decision on costs shall be taken. 
Article 6 
Commencement of the adversar ial part of the opposition proceedings and prior closure of the 
proceedings 
1. Where the opposition is found admissible pursuant to Article 5, the Office shall send a communication to the 
parties informing them that the adversar ial part of the opposition proceedings shall be deemed to commence two 
months after receipt of the communication. That period may be exte nded to a total of 24 months if both parties request 
an extensi on before the two-month period expires. 
2. Where, within the period refer red to in paragraph 1, the application is withdra wn or restr icted to goods or 
services against which the opposition is not direct ed, or the Office is informed about a settlement between the parties, 
or the application is reject ed in parallel proceedings, the opposition proceedings shall be closed. 
3. Where, within the period refer red to in paragraph 1, the applicant restr icts the application by deleting some of the 
goods or services against which the opposition is direct ed, the Offi ce shall invite the opposing party to state, within 
such a period as it may specify , whether it maintains the opposition, and if so, against whic h of the remaining goods or 
services. Where the opposing party withdra ws the opposition in light of the restr iction, the opposition proceedings shall 
be closed. 
4. Where, before the expir y of the period referred to in paragraph 1, the opposition proceedings are closed pursuant 
to paragraphs 2 or 3, no decision on costs shall be taken. 
5. Where, before the expir y of the period refer red to in paragraph 1, the opposition proceedings are closed following 
a withdra wal or restr iction of the application pursuant to paragraph 2 or following a withdrawa l of the opposition 
pursuant to paragraph 3, the opposition fee shall be refunded. 8.8.2017 L 205/6 Official Jour nal of the European Union EN     Article 7 
Subs tantiation of the opposition 
1. The Offi ce shall give the opposing party the oppor tunity to submit the facts, evidence and arguments in suppor t 
of the opposition or to compl ete any facts, evidence or arguments that have already been submitted pursuant to 
Article 2(4). For that purpose, the Office shall specify a time limit whic h shall be at least two months, starting on the 
date on which the adversar ial part of the opposition proceedings are deemed to commence in accordance with 
Article 6(1). 
2. Within the period refer red to in paragraph 1, the opposing party shall also file evidence of the existen ce, validity 
and scope of protection of its earlier mark or right, as well as evidence proving its entitlement to file the opposition. In 
particular , the opposing party shall provide the following evidence: 
(a)  where the opposition is based on an earlier trade mark within the meaning of Article 8(2)(a) and (b) of Regulation  
(EC) No 207/2009, which is not an EU trade mark, evidence of its filing or registration, by submitting: 
(i)  a copy of the relevant filing certificate or an equivalent document from the administration with whic h the trade 
mark application was filed, if the trade mark is not yet registered; or 
(ii)  where the earlier trade mark is registered, a copy of the relevant registration certificate and, if applicable, of the 
latest renewal certificate, showing that the term of prot ection of the trade mark extends beyond the time limit 
refer red to in paragraph 1 or any extension thereof, or equivalent documents from the administration by which 
the trade mark was registered; 
(b)  where the opposition is based on a well-kno wn mark within the meaning of Article 8(2)(c) of Regulation (EC) 
No 207/2009, evidence showing that that mark is well kno wn in the relevant territory for the goods or services 
indicated in accordance with Article 2(2)(g) of this Regulation; 
(c)  where the opposition is based on the absence of the propr ietor's consent as refer red to in Article 8(3) of Regulation  
(EC) No 207/2009, evidence of the opposing party's propr ietorship of the prior trade mark and of its relationship 
with the agent or representative; 
(d)  where the opposition is based on an earlier right within the meaning of Article 8(4) of Regulation (EC) 
No 207/2009, evidence showing use of that right in the course of trade of more than mere local significance, as 
well as evidence of its acquisition, continued existen ce and scope of prot ection including, where the earlier right is 
invoked pursuant to the law of a Member State , a clear identif ication of the conte nts of the national law relied upon 
by adducing publications of the relevant provisions or jurisprudence; 
(e)  where the opposition is based on an earlier designation of origin or geographical indication within the meaning of 
Article 8(4a) of Regulation (EC) No 207/2009, evidence of its acquisition, continued existen ce and scope of 
protect ion including, where the earlier designation of origin or geographical indication is invoked pursuant to the 
law of a Member State, a clear identification of the content of the national law relied upon by adducing publications 
of the relevant provisions or jurisprudence; 
(f)  if the opposition is based on a mark with a reputation within the meaning of Article 8(5) of Regulation (EC) 
No 207/2009, in addition to the evidence referred to in point (a) of this paragraph, evidence showing that the mark 
has a reputation in the Union or in the Member State concer ned for the goods or services indicated in accordance 
with Article 2(2)(g) of this Regulation, as well as evidence or arguments showing that use without due cause of the 
trade mark applied for would take unfai r advantage of, or be detr imental to, the distinctive charact er or the repute of 
the earlier trade mark. 
3. Where the evidence concer ning the filing or registration of the earlier rights refer red to in paragraph 2(a) or, 
where applicable, paragraph 2(d) or (e), or the evidence concer ning the contents of the relevant national law, is 
accessible online from a source recognised by the Offi ce, the opposing party may provide such evidence by making 
reference to that source. 
4. Any filing, registration or renewal certificates or equivalent documents refer red to in paragraph 2(a), (d) or (e), as 
well as any provisions of the applicable national law governing the acquisition of rights and their scope of prote ction as 
referred to in paragraph 2(d) and (e), including evidence accessible online as refer red to in paragraph 3, shall be in the 8.8.2017 L 205/7 Official Jour nal of the European Union EN     languag e of the proceedings or shall be accompanied by a translation into that languag e. The translation shall be 
submitted by the opposing party on its own motion within the time limit specifi ed for submitting the original 
document. Any other evidence submitted by the opposing party to substantiate the opposition shall be subject to 
Article 24 of Implementing Regulation (EU) 2017/1431. Translations submitted after the expir y of the relevant time 
limits shall not be taken into account. 
5. The Offi ce shall not take into account written submissions, or parts thereof, that have not been submitted in or 
not been translated into the languag e of the proceedings within the time limit set by the Office in accordance with 
paragraph 1. 
Article 8 
Exa mination of the opposition 
1. Where, until the expir y of the period refer red to in Article 7(1), the opposing party has not provided any evidence, 
or where the evidence provided is manifestly irrelevant or manifes tly insufficient to meet the requirements laid down in 
Article 7(2) for any of the earlier rights, the opposition shall be reject ed as unfounded. 
2. Where the opposition is not rejecte d pursuant to paragraph 1, the Offi ce shall communicate the submission of the 
opposing party to the applicant and shall invit e it to file its obser vations within a period specified by the Office. 
3. Where the applicant submits no obser vations, the Office shall base its ruling on the opposition on the evidence 
before it. 
4. The obser vations submitte d by the applicant shall be communicat ed to the opposing party who shall be invit ed, if 
the Offi ce considers it necessar y, to reply within a period specif ied by the Office. 
5. Where, after the expir y of the period referred to in Article 7(1), the opposing party submits facts or evidence that 
supplement relevant facts or evidence provided within that period and that relat e to the same requirement laid down in 
Article 7(2), the Offi ce shall exercise its discretion under Article 76(2) of Regulation (EC) No 207/2009 in deciding 
whether to accept these supplementing facts or evidence. For that purpose, the Offi ce shall take into account, in 
particular , the stage of proceedings and whether the facts or evidence are, prima facie, likely to be relevant for the 
outcome of the case and whether there are valid reasons for the late submission of the facts or evidence. 
6. The Office shall invit e the applicant to submit further obser vations in response if it deems it appropr iate under the 
circumstances. 
7. Where the opposition has not been reject ed pursuant to paragraph 1 and the evidence submitted by the opposing 
party is not suffi cient to substantiate the opposition in accordance with Article 7 for any of the earlier rights, the 
opposition shall be reject ed as unfounded. 
8. Article 6(2) and (3) shall apply mutatis mutandis after the date on which the adversar ial part of the opposition 
proceedings is deemed to commence. Where the applicant wishes to withdra w or restr ict the conte sted application, it 
shall do so by way of a separate document. 
9. In appropr iate cases, the Office may invite the parties to limit their obser vations to particular issues, in which case 
it shall allow them to raise the other issues at a later stage of the proceedings. The Office shall not be required to inform 
a party of the possibility to produce certain relevant facts or evidence whic h that party previously failed to produce. 
Article 9 
Multiple oppositions 
1. Where a number of oppositions have been entered in respect of the same application for the registration of an EU 
trade mark, the Offi ce may examine them in one set of proceedings. The Offi ce may subsequently decide to examine 
those oppositions separately . 8.8.2017 L 205/8 Official Jour nal of the European Union EN     2. Where a preliminar y examination of one or more oppositions reveals that the EU trade mark for whic h an 
application for registration has been filed may be ineligible for registration in respect of some or all of the goods or 
services for which registration is sought, the Offi ce may suspend the other opposition proceedings relating to that 
application. The Office shall inform the opposing parties affected by the suspension of any relevant decisions take n in 
the conte xt of those proceedings whic h are ongoing. 
3. Once a decision rejecting an application as refer red to in paragraph 1 has become final, the oppositions for which 
proceedings have been suspended in accordance with paragraph 2 shall be deemed to have been disposed of and the 
opposing parties concer ned shall be informed according ly. Such a disposition shall be considered to constitute a case 
whic h has not proceeded to judgment within the meaning of Article 85(4) of Regulation (EC) No 207/2009. 
4. The Offi ce shall refund 50 % of the opposition fee paid by each opposing party whose opposition is deemed to 
have been disposed of in accordance with paragraph 3, provided that the suspension of the proceedings relating to that 
opposition took place before the commencement of the adversar ial part of the proceedings. 
Article 10 
Proof of use 
1. A request for proof of use of an earlier mark pursuant to Article 42(2) or (3) of Regulation (EC) No 207/2009 
shall be admissible if it is submitted as an unconditional request in a separate document within the period specifi ed by 
the Offi ce pursuant to Article 8(2) of this Regulation. 
2. Where the applicant has made a request for proof of use of an earlier mark which compl ies with the requirements 
of Article 42(2) or (3) of Regulation (EC) No 207/2009, the Offi ce shall invit e the opposing party to provide the proof 
required within a time limit specified by the Offi ce. Where the opposing party does not provide any evidence or reasons 
for non-use before the time limit expires or where the evidence or reasons provided are manifestly insufficient or 
irrelevant, the Offi ce shall reject the opposition in so far as it is based on that earlier mark. 
3. The indications and evidence of use shall establish the place, time, extent and nature of use of the opposing trade 
mark for the goods or services in respect of which it is registered and on which the opposition is based. 
4. The evidence refer red to in paragraph 3 shall be filed in accordance with Article 55(2) and Articles 63 and 64 and 
shall be limite d to the submission of suppor ting documents and items such as packag es, labels, price lists, catalogues, 
invoices, photog raphs, newspaper adver tisements, and statements in writing as referred to in Article 78(1)(f) of 
Regulation (EC) No 207/2009. 
5. A request for proof of use may be filed at the same time as obser vations on the grounds on whic h the opposition 
is based. Such obser vations may also be filed together with the obser vations in reply to the proof of use. 
6. Where the evidence supplied by the opposing party is not in the languag e of the opposition proceedings, the 
Offi ce may require the opposing party to submit a translation of that evidence in that language pursuant to Article 24 
of Implementing Regulation (EU) 2017/1431. 
7. Where after the expir y of the time limit refer red to in paragraph 2, the opposing party submits indications or 
evidence that supplement relevant indications or evidence already submitted before expir y of that time limit and relate 
to the same requirement laid down in paragraph 3, the Office shall exercise its discretion under Article 76(2) of 
Regulation (EC) No 207/2009 in deciding whether to accept those supplementing indications or evidence. For that 
purpose, the Offi ce shall take into account, in particular , the stage of proceedings and whether the indications or 
evidence are, prima facie, likely to be relevant for the outcome of the case and whether there are valid reasons for the 
late submission of the indications or evidence. 8.8.2017 L 205/9 Official Jour nal of the European Union EN     TITLE III 
AMENDMENT OF THE APPLIC ATION 
Article 11 
Amendment of the application 
1. A request for amendment of an application pursuant to Article 43(2) of Regulation (EC) No 207/2009 shall 
contain: 
(a)  the file number of the application; 
(b)  the name and address of the applicant in accordance with Article 2(1)(b) of Implementing Regulation (EU) 
2017/1431; 
(c)  an indication of the element of the application to be amended, and that element in its amended version; 
(d)  where the amendment relates to the representation of the mark, a representation of the mark as amended, in 
accordance with Article 3 of Implementing Regulation (EU) 2017/1431. 
2. Where the requirements for the amendment of the application are not fulfilled , the Offi ce shall communicate the 
deficien cy to the applicant and shall specify a time limit for remedying the deficienc y. Where the applicant does not 
remedy the deficiency within the specif ied time limit, the Offi ce shall reject the request for amendment. 
3. Where the amended trade mark application is published pursuant to Article 43(2) of Regulation (EC) 
No 207/2009, Articles 2 to 10 of this Regulation shall apply mutatis mutandis. 
4. A sing le request for amendment may be made for the amendment of the same element in two or more 
applications by the same applicant. 
5. Paragraphs 1, 2 and 4 shall apply mutatis mutandis for applications to correct the name or the business address of 
a representative appointed by the applicant. 
TITLE IV 
REV OCATION AND INV ALIDIT Y OR ASSIGNMENT 
Article 12 
Application for revocation or for a declaration of invalidity 
1. An application to the Offi ce for revocati on or for a declaration of invalidity pursuant to Article 56 of Regulation  
(EC) No 207/2009 shall contain: 
(a)  the registration number of the EU trade mark in respect of whic h revocati on or a declaration of invalidity is sought 
and the name of its propr ietor; 
(b)  the grounds on which the application is based by means of a statement that the respective requirements laid down 
in Articles 51, 52, 53, 73, 74, 74i or 74j of Regulation (EC) No 207/2009 are fulfilled; 
(c)  as concer ns the applicant : 
(i)  the identif ication of the applicant in accordance with Article 2(1)(b) of Implementing Regulation (EU) 
2017/1431; 
(ii)  where the applicant has appointed a representative or where representation is mandat ory within the meaning of 
Article 92(2) of Regulation (EC) No 207/2009, the name and business address of the representative, in 
accordance with Article 2(1)(e) of Implementing Regulation (EU) 2017/1431; 
(d)  an indication of the goods or services in respect of which revocati on or a declaration of invalidity is sought, in the 
absence of which the application shall be deemed to be directe d against all the goods or services covered by the 
conte sted EU trade mark. 8.8.2017 L 205/10 Official Jour nal of the European Union EN     2. In addition to the requirements laid down in paragraph 1, an application for a declaration of invalidity based on 
relative grounds shall contain the following: 
(a)  in the case of an application pursuant to Article 53(1) of Regulation (EC) No 207/2009, an identif ication of the 
earlier right on whic h the application is based, in accordance with Article 2(2)(b) of this Regulation, whic h shall 
apply mutatis mutandis to such an application; 
(b)  in the case of an application pursuant to Article 53(2) of Regulation (EC) No 207/2009, an indication of the nature 
of the earlier right on whic h the application is based, its representation and an indication of whether this earlier 
right exists in the whole of the Union or in one or more Member States, and if so, an indication of those Member 
State s; 
(c)  particulars pursuant to Article 2(2)(d) to (g), which apply mutatis mutandis to such an application; 
(d)  where the application is entered by a licensee or by a person who is entitled under the relevant Union legislation or 
national law to exercise an earlier right, an indication concer ning the author isation or entitlement to file the 
application. 
3. Where the application for a declaration of invalidity pursuant to Article 53 of Regulation (EC) No 207/2009 is 
based on more than one earlier mark or earlier right, paragraphs 1(b) and 2 of this Article shall apply for each of those 
marks or rights. 
4. The application may contain a reasoned state ment on the grounds setting out the facts and arguments on which it 
is based and suppor ting evidence. 
Article 13 
Languages used in revocation or invalidity proceedings 
The applicant for revocation or for a declaration of invalidity or the propr ietor of the EU trade mark may inform the 
Offi ce before the expir y of a period of two months from receipt by the EU trade mark propr ietor of the communication 
referred to in Article 17(1), that a differ ent language of proceedings has been agreed pursuant to Article 119(7) of 
Regulation (EC) No 207/2009. Where the application has not been filed in that language , the propr ietor may request 
that the applicant file a translation in that language . Such a request shall be received by the Office before the expir y of 
the period of two months from receipt by the EU trade mark propr ietor of the communication refer red to in 
Article 17(1). The Offi ce shall specify a time limit for the applicant to file such a translation. Where that translation is 
not filed or filed late, the language of the proceedings shall remain unchang ed. 
Article 14 
Informa tion to the parties concer ning an application for revocation or for a declaration of 
invalidity 
An application for revocation or for a declaration of invalidity and any document submitt ed by the applicant, as well as 
any communication addressed to one of the parties by the Offi ce prior to the finding on admissibility shall be sent by 
the Office to the other party for the purposes of informing of the introduction of an application for revocati on or for 
a declaration of invalidity . 
Article 15 
Admissibility of an application for revocation or for a declaration of invalidity 
1. Where the fee required under Article 56(2) of Regulation (EC) No 207/2009 has not been paid, the Offi ce shall 
invite the applicant to pay the fee within a period specifi ed by it. Where the required fee is not paid within the specified 
period, the Offi ce shall inform the applicant that the application for revocati on or for declaration of invalidity is deemed 
not to have been entered. Where the fee has been paid after the expir y of the specified period, it shall be refunded to the 
applicant. 8.8.2017 L 205/11 Official Jour nal of the European Union EN     2. Where the application has been filed in a languag e whic h is not one of the language s of the Office as required 
under Article 119(5) of Regulation (EC) No 207/2009, or it does not comply with Article 12(1)(a) or (b) or, where 
applicable, Article 12(2)(a) or (b) of this Regulation, the Offi ce shall reject the application as inadmissible. 
3. Where the translation required under the second subparagraph of Article 119(6) Regulation (EC) No 207/2009 is 
not filed within a period of one month of the date of filing an application for revocation or a declaration of invalidity , 
the Offi ce shall reject the application for revocati on or for declaration of invalidity as inadmissible. 
4. Where the application does not compl y with the provisions laid down in Article 12(1)(c), Article 12(2)(c) or (d), 
the Office shall inform the applicant according ly and shall invit e the applicant to remedy the deficienc ies noted within 
a period of two months. If the deficiencies are not remedied before the time limit expires, the Office shall reject the 
application as inadmissible. 
5. The Offi ce shall notify the applicant and the propr ietor of the EU trade mark of any finding pursuant to 
paragraph 1 that the application for revocati on or declaration of invalidity is deemed not to have been entered and of 
any decision to reject the application for revocation or declaration of invalidity on the grounds of inadmissibility under 
paragraphs 2, 3 or 4. Where an application for revocat ion or declaration of invalidity is rejected in its entirety as 
inadmissible pursuant to paragraphs 2, 3 or 4, prior to the notifi cation of Article 17(1), no decision on costs shall be 
take n. 
Article 16 
Subst antiation of an application for revocation or for a declaration of invalidity 
1. The applicant shall present the facts, evidence and arguments in suppor t of the application up to the closure of the 
adversar ial part of revocati on or invalidity proceedings. In particular , the applicant shall provide the following: 
(a)  in the case of an application pursuant to Article 51(1)(b) or (c) or Article 52 of Regulation (EC) No 207/2009, facts, 
arguments and evidence to suppor t the grounds on whic h the application for revocation or declaration of invalidity 
is based; 
(b)  in the case of an application pursuant to Article 53(1) of Regulation (EC) No 207/2009, the evidence required by 
Article 7(2) of this Regulation and the provisions of Article 7(3) shall apply mutatis mutandis; 
(c)  in the case of an application pursuant to Article 53(2) of Regulation (EC) No 207/2009, evidence of acquisition, 
continued existence and scope of prot ection of the relevant earlier right as well as evidence proving that the 
applicant is entitled to file the application, including, where the earlier right is invoked pursuant to national law, 
a clear identification of the contents of that national law by adducing publications of the relevant provisions or 
jurisprudence. Where the evidence concer ning the filing or registration of an earlier right under Article 53(2)(d) of 
Regulation (EC) No 207/2009 or the evidence concer ning the conte nts of the relevant national law is accessible 
online from a source recognised by the Offi ce, the applicant may provide such evidence by making reference to that 
source. 
2. Evidence concer ning the filing, registration or renewal of earlier rights or, where applicable, the conte nts of the 
relevant national law, including evidence accessible online, as referred to in paragraph 1(b) and (c), shall be filed in the 
languag e of the proceedings or a translation into that language shall be filed. The translation shall be submitted by the 
applicant on the applicant's own motion within one month from the filing of such evidence. Any other evidence 
submitted by the applicant to substantiate the application or, in case of an application for revocation under 
Article 51(1)(a) of Regulation (EC) No 207/2009, by the propr ietor of the cont ested EU trade mark, shall be subject to 
Article 24 of Implementing Regulation (EU) 2017/1431. Translations submitted after the expir y of the relevant time 
limits shall not be taken into account. 
Article 17 
Examination on the mer its of an application for revocation or for a declaration of invalidity 
1. Where the application is found admissible pursuant to Article 15, the Office shall send a communication to the 
parties informing them that the adversar ial part of the revocati on or invalidity proceedings has commenced and inviting 
the propr ietor of the EU trade mark to file obser vations within a specif ied period. 8.8.2017 L 205/12 Official Jour nal of the European Union EN     2. Where the Office has invit ed a party in accordance with Article 57(1) of Regulation (EC) No 207/2009 to file 
obser vations within a specifi ed period and that party does not submit any obser vations within that period, the Offi ce 
shall close the adversar ial part of the proceedings and base its ruling on the revocati on or invalidity on the basis of the 
evidence before it. 
3. Where the applicant has not submitted the facts, arguments or evidence required to substantiate the application, 
the application shall be rejecte d as unfounded. 
4. Without prejudice to Article 62, all obser vations filed by the parties shall be sent to the other party concer ned. 
5. Where the propr ietor surrenders the EU trade mark subject to an application as referred to in Article 12 to cover 
only goods or services against whic h the application is not directed, or the EU trade mark is cancelled in parallel 
proceedings, or expires, the proceedings shall be closed exce pt where Article 50(2) of Regulation (EC) No 207/2009 
shall apply or the applicant shows a legitimate interest in obtaining a decision on the mer its. 
6. Where the propr ietor partially surrenders the EU trade mark by deleting some of the goods or services against 
whic h the application is direct ed, the Offi ce shall invit e the applicant to state , within such a period as it may specify , 
whether it maintains the application and if so, against which of the remaining goods or services. Where the applicant 
withdra ws the application in light of the surrender , or the Office is informed about a settlement between the parties, the 
proceedings shall be closed. 
7. Where the propr ietor wishes to surrender the contes ted EU trade mark, it shall do so by way of a separate 
document. 
8. Article 8(9) shall apply mutatis mutandis. 
Article 18 
Multiple applications for revocation or for a declaration of invalidity 
1. Where a number of applications for revocation or for a declaration of invalidity have been filed relating to the 
same EU trade mark, the Offi ce may examine them in one set of proceedings. The Offi ce may subsequently decide to 
examine those applications separate ly. 
2. Article 9(2), (3) and (4) shall apply mutatis mutandis. 
Article 19 
Proof of use in relation to an application for revocation or for a declaration of invalidity 
1. In the case of an application for revocation based on Article 51(1)(a) of Regulation (EC) No 207/2009, the Office 
shall invit e the propr ietor of the EU trade mark to provide proof of genui ne use of that mark or of proper reasons for 
non-use, within such period as it shall specify . Where the propr ietor does not provide such proof or reasons for non-use 
before the time limit expires or the evidence or reasons provided are manifestly insuffi cient or irrelevant, the EU trade 
mark shall be revoked. Article 10(3), (4), (6) and (7) of this Regulation shall apply mutatis mutandis. 
2. A request for proof of use pursuant to Article 57(2) or (3) of Regulation (EC) No 207/2009 shall be admissible if 
the propr ietor of the EU trade mark submits it as an unconditional request in a separate document within the period 
specified by the Offi ce pursuant to Article 17(1) of this Regulation. Where the propr ietor of the EU trade mark has 
made a request for proof of use of an earlier mark or of proper reasons for non-use which compl ies with the 
requirements of Article 57(2) or (3) of Regulation (EC) No 207/2009, the Office shall invit e the applicant for 
a declaration of inva lidity to provide the proof required within a time limit specifi ed by the Offi ce. Where the applicant 
for a declaration of invalidity does not provide such proof or reasons for non-use before the time limit expires or the 
evidence or reasons provided are manifestly insufficient or irrelevant, the Office shall reject the application for 
a declaration of inva lidity in so far as it is based on that earlier mark. Article 10(3) to (7) of this Regulation shall apply 
mutatis mutandis. 8.8.2017 L 205/13 Official Jour nal of the European Union EN     Article 20 
Request for assignment 
1. Where the propr ietor of a trade mark requests, in accordance with Article 18(1) and (2)(a) of Regulation (EC) 
No 207/2009, an assignment instead of a declaration of invalidity , the provisions of Articles 12 to 19 of this Regulation 
shall apply mutatis mutandis. 
2. Where a request for assignment pursuant to Article 18(2) of Regulation (EC) No 207/2009 is partially or totally 
grant ed by the Offi ce or by an EU trade mark cour t and the decision or judgment has become final, the Offi ce shall 
ensure that the resulting partial or total transfer of the EU trade mark is entered in the Registe r and published. 
TITLE V 
APPEALS 
Article 21 
Notice of Appeal 
1. A notice of appeal filed in accordance with Article 60(1) of Regulation (EC) No 207/2009 shall contain the 
following: 
(a)  the name and address of the appellant in accordance with Article 2(1)(b) of Implementing Regulation (EU) 
2017/1431; 
(b)  where the appellant has appointe d a representative, the name and the business address of the representative in 
accordance with Article 2(1)(e) of Implementing Regulation (EU) 2017/1431; 
(c)  where representation of the appellant is mandatory pursuant to Article 92(2) of Regulation (EC) No 207/2009, the 
name and the business address of the representative in accordance with Article 2(1)(e) of Implementing Regulation  
(EU) 2017/1431; 
(d)  a clear and unambiguous identification of the decision subject to appeal indicating the date on which it has been 
issued and the file number of the proceedings to whic h the decision subject to appeal relates; 
(e)  where the decision subject to appeal is only conte sted in part, a clear and unambiguous identif ication of the goods 
or services in respect of whic h the decision subject to appeal is cont ested. 
2. Where the notice of appeal is filed in another official language of the Union than the language of proceedings, the 
appellant shall provide a translation thereof within four months of the date of notifi cation of the decision subject to 
appeal. 
3. Where in ex parte proceedings the decision subject to appeal has been taken in an official languag e other than the 
languag e of proceedings, the appellant may file the notice of appeal either in the languag e of the proceedings or in the 
languag e in whic h the decision subject to appeal was taken; in either case, the language used for the notice of appeal 
shall become the languag e of the appeal proceedings and paragraph 2 shall not apply . 
4. As soon as the notice of appeal has been filed in inter partes proceedings, it shall be notifi ed to the defendant. 
Article 22 
Statement of Grounds 
1. A statement setting out the grounds of appeal filed pursuant to the fourth senten ce of Article 60(1) of Regulation  
(EC) No 207/2009 shall contain a clear and unambiguous identification of the following: 
(a)  the appeal proceedings to which it refers by indicating either the corresponding appeal number or the decision 
subject to appeal in accordance with the requirements laid down in Article 21(1)(d) of this Regulation; 8.8.2017 L 205/14 Official Jour nal of the European Union EN     (b)  the grounds of appeal on which the annulment of the contes ted decision is requeste d within the extent identified in 
accordance with Article 21(1)(e) of this Regulation; 
(c)  the facts, evidence and arguments in suppor t of the grounds invoked, submitted in accordance with the 
requirements set out in Article 55(2). 
2. The statement of grounds shall be filed in the language of the appeal proceedings as deter mined in accordance 
with Article 21(2) and (3). Where the statement of grounds is filed in another official language of the Union, the 
appellant has to provide a translation thereof within one month of the date of the submission of the original statement. 
Article 23 
Admissibility of an appeal 
1. The Board of Appeal shall reject an appeal as inadmissible in any of the following events: 
(a)  where the notice of appeal has not been filed within two months of the date of notification of the decision subject 
to appeal; 
(b)  where the appeal does not compl y with Articles 58 and 59 of Regulation (EC) No 207/2009, or with those laid 
down in Article 21(1)(d) and Article 21(2) and (3) of this Regulation, unless those deficiencies are remedied within 
four months of the date of notifi cation of the decision subject to appeal; 
(c)  where the notice of appeal does not comply with the requirements laid down in Article 21(1)(a), (b), (c) and (e), and 
the appellant has, despite having been informed thereof by the Board of Appeal, not remedied those deficienc ies 
within the time limit specifi ed by the Board of Appeal to that effect ; 
(d)  where the statement of grounds has not been filed within four months of the date of notificati on of the decision 
subject to appeal; 
(e)  where the state ment of grounds does not compl y with the requirements laid down in Article 22(1)(a) and (b), and 
the appellant has, despite having been informed thereof by the Board of Appeal, not remedied those deficienc ies 
within the time-limit specif ied by the Board of Appeal to that effect or has not submitte d the translation of the 
state ment of grounds within one month of the date of the submission of the original state ment in accordance with 
Article 22(2). 
2. Where the appeal appears to be inadmissible, the chair person of the Board of Appeal to whic h the case has been 
allocat ed pursuant to Article 35(1) may request the Board of Appeal to decide without dela y on the admissibility of the 
appeal prior to the notification to the defe ndant of the notice or of the state ment of grounds, as the case may be. 
3. The Board of Appeal shall declare an appeal as deemed not to have been filed where the appeal fee has been paid 
after the expir y of the time limit set out in the first senten ce of Article 60(1) of Regulation (EC) No 207/2009. In such 
a case, paragraph 2 of this Article shall apply . 
Article 24 
Response 
1. In inter partes proceedings, the defendant may file a response within two months of the date of notifi cation of the 
appellant's statement of grounds. In excep tional circumstances, that time-limit may be exte nded upon reasoned request 
by the defendant. 
2. The response shall contain the name and address of the defendant in accordance with Article 2(1)(b) of 
Implementing Regulation (EU) 2017/1431 and shall comply , mutatis mutandis, with the conditions laid down in 
Article 21(1)(b), (c) and (d), Article 22(1)(a) and (c) and Article 22(2) of this Regulation. 8.8.2017 L 205/15 Official Jour nal of the European Union EN     Article 25 
Cross appeal 
1. Where the defendant seeks a decision annulling or alteri ng the conte sted decision on a point not raised in the 
appeal, pursuant to Article 60(2) of Regulation (EC) No 207/2009, that cross appeal shall be filed within the time limit 
for filing a response in accordance with Article 24(1) of this Regulation. 
2. A cross appeal shall be submitted by a document separate from the response. 
3. The cross appeal shall contain the name and address of the defe ndant in accordance with Article 2(1)(b) of 
Implementing Regulation (EU) 2017/1431 and shall comply mutatis mutandis with the conditions laid down in 
Article 21(1)(b) to (e) and Article 22 of this Regulation. 
4. A cross appeal shall be reject ed as inadmissible in any of the following events: 
(a)  where it has not been filed within the time-limit laid down in paragraph 1; 
(b)  where it has not been filed in obser vance of the requirements laid down either in paragraph 2 or Article 21(1)(d); 
(c)  where it does not compl y with the requirements refer red to in paragraph 3, and the defe ndant has, despite having 
been informed thereof by the Board of Appeal, not remedied these deficien cies within the time-limit specified by the 
Board of Appeal to that effect or has not submitted the translation of the cross appeal and the corresponding 
state ment of grounds within one month of the date of submission of the original. 
5. The appellant shall be invit ed to submit obser vations on the defe ndant's cross appeal within two months of the 
date of notifi cation to the appellant. In excep tional circumstances, that time-limit may be extended by the Board of 
Appeal upon the reasoned request of the appellant. Article 26 shall apply mutatis mutandis. 
Article 26 
Reply and rejoinder in inter partes proceedings 
1. Upon the appellant's reasoned request filed within two weeks following the notifi cation of the response, the Board 
of Appeal may, pursuant to Article 63(2) of Regulation (EC) No 207/2009, author ise the appellant to supplement the 
statement of grounds by a reply within a period specified by the Board of Appeal. 
2. In such a case, the Board of Appeal shall also author ise the defendant to supplement the response by a rejoinder 
within a period specifi ed by the Board of Appeal. 
Article 27 
Exa mination of the appeal 
1. In ex parte proceedings, and with respect to those goods or services whic h form part of the subject matt er of the 
appeal, the Board of Appeal, in compl iance with Article 40(3) of Regulation (EC) No 207/2009, shall proceed in 
accordance with Article 37 of Regulation (EC) No 207/2009 where it raises a ground for refusal of the trade mark 
application which had not already been invoked in the decision subject to appeal in application of that provision. 
2. In inter partes proceedings, the examination of the appeal and, as the case may be, the cross appeal, shall be 
restr icted to the grounds invoked in the statement of grounds and, as the case may be, in the cross appeal. Matte rs of 
law not raised by the parties shall be examined by the Board of Appeal only where they concer n essential procedural 
requirements or where it is necessar y to resolve them in order to ensure a correct application of Regulation (EC) 
No 207/2009 having regard to the facts, evidence and arguments presented by the parties. 8.8.2017 L 205/16 Official Jour nal of the European Union EN     3. The examination of the appeal shall include the following claims or requests provided that they have been raised 
in the statement of grounds of the appeal or, as the case may be, in the cross appeal and provided that they were raised 
in due time in the proceedings before the instance of the Offi ce which adop ted the decision subject to appeal: 
(a)  distinctiveness acquired through use as referred to in Article 7(3) and Article 52(2) of Regulation (EC) No 207/2009; 
(b)  recognition of the earlier trade mark on the mark et acquired through use for the purposes of Article 8(1)(b) of 
Regulation (EC) No 207/2009; 
(c)  proof of use pursuant to Article 42(2) and (3) of Regulation (EC) No 207/2009 or Article 57(2) and (3) of 
Regulation (EC) No 207/2009. 
4. In accordance with Article 76(2) of Regulation (EC) No 207/2009, the Board of Appeal may accept facts or 
evidence submitted for the first time before it only where those facts or evidence meet the following requirements: 
(a)  they are, on the face of it, likely to be relevant for the outcome of the case; and 
(b)  they have not been produced in due time for valid reasons, in particular where they are merely supplementing 
relevant facts and evidence which had already been submitte d in due time, or are filed to contes t findings made or 
examined by the first instance of its own motion in the decision subject to appeal. 
5. The Board of Appeal shall, at the latest in its decision on the appeal and, as the case may be, the cross appeal, 
decide on requests for restr iction, division or partial surrender of the contest ed mark declared during the appeal 
proceedings by the applicant or the propr ietor in accordance with Articles 43, 44 or 50 of Regulation (EC) 
No 207/2009. Where the Board of Appeal accepts the restr iction, division or partial surrender , it shall without dela y 
inform the depar tment in charg e of the register and the depar tments dealing with parallel proceedings involving the 
same mark according ly. 
Article 28 
Communications by the Board of Appeal 
1. Communications by the Board of Appeal in the course of the examination of the appeal or with a view to 
facilitating an amicable settlement of proceedings shall be prepared by the rappor teur and shall be signed by the 
rappor teur on behalf of the Board of Appeal, in agreement with the chair person of the Board of Appeal. 
2. Where a Board of Appeal communicates with the parties regar ding its provisional opinion on matt ers of fact or 
law, it shall state that it is not bound by such a communication. 
Article 29 
Comments on questions of general interest 
The Board of Appeal may, on its own initiative or upon the written, reasoned request of the Executive Direct or of the 
Offi ce, invite the Executive Direct or to comment on questions of general interest which arise in the course of 
proceedings pending before it. The parties shall be entitled to submit their obser vations on the Executive Director's 
comments. 
Article 30 
Reopening of the examination of absolute grounds 
1. Where, in ex parte proceedings, the Board of Appeal considers that an absolute ground for refusal may be 
applicable to goods or services liste d in the trade mark application which do not form part of the subject matt er of the 
appeal, it shall inform the examiner compet ent for examining that application who may decide to re-open the 
examination pursuant to Article 40(3) of Regulation (EC) No 207/2009 with respect to those goods or services. 8.8.2017 L 205/17 Official Jour nal of the European Union EN     2. Where a decision of the Opposition Division is subject to an appeal, the Board of Appeal may, by means of 
a reasoned interim decision and without prejudice to Article 58(1) of Regulation (EC) No 207/2009, suspend the appeal 
proceedings and remit the cont ested application to the examiner compet ent for examining that application with 
a recommendation to re-open the examination pursuant to Article 40(3) of Regulation (EC) No 207/2009, where it 
considers that an absolute ground for refusal shall apply to some or all of the goods or services liste d in the trade mark 
application. 
3. Where the cont ested application has been remitted in application of paragraph 2, the examiner shall inform the 
Board of Appeal without dela y whether or not the examination of the cont ested application has been re-opened. Where 
the examination has been re-opened, the appeal proceedings shall remain suspended until the examiner's decision has 
been take n and, where the contes ted application is reject ed in whole or in part, until the examiner's decision to this 
effect has become final. 
Article 31 
Examination of an appeal as a matter of priority 
1. Upon reasoned request of the appellant or of the defendant and after hear ing the other party, the Board of Appeal 
may decide, having rega rd to the particular urgency and the circumstances of the case, to examine the appeal as 
a matt er of priority, without prejudice to the provisions in Articles 23 and 26, including the provisions on time-limits. 
2. The request for the examination of the appeal as a matter of priority may be filed at any time in the course of the 
appeal proceedings. It shall be filed in a separate document and shall be suppor ted by evidence as to the urgency and 
the particular circumstances of the case. 
Article 32 
Formal content of the Board of Appeal's decision 
The Board of Appeal's decision shall contain: 
(a)  a statement that it is delivered by the Boards of Appeal; 
(b)  the date when the decision was taken; 
(c)  the names of the parties and of their representatives; 
(d)  the number of the appeal to which it refers and an identif ication of the decision subject to appeal in accordance 
with the requirements laid down in Article 21(1)(d); 
(e)  an indication as to the formation of the Board of Appeal; 
(f)  the name and, without prejudice to Article 39(5), the signature of the chair person and members whic h took part in 
the decision, including an indication who acted as rappor teur in the case, or, where the decision is delivered by 
a sing le member , the name and signature of the member who took the decision; 
(g)  the name and the signature of the Registrar or, as the case may be, of the member of the Registr y signing on the 
Registrar's behalf; 
(h)  a summar y of the facts and of the arguments submitted by the parties; 
(i)  a statement of the reasons for which the decision has been taken; 
(j)  the order of the Board of Appeal, including, where necessar y, a decision on costs. 8.8.2017 L 205/18 Official Jour nal of the European Union EN     Article 33 
Reimbursement of the appeal fee 
The appeal fee shall be reimbursed by order of the Board of Appeal in either of the following events: 
(a)  where the appeal is not deemed to have been filed in accordance with the second sentence of Article 60(1) of 
Regulation (EC) No 207/2009; 
(b)  where the decision-making instance of the Office whic h adop ted the cont ested decision grants revision pursuant to 
Article 61(1) of Regulation (EC) No 207/2009 or revok es the cont ested decision in application of Article 80 of 
Regulation (EC) No 207/2009; 
(c)  where, following re-opening of the examination proceedings within the meaning of Article 40(3) of Regulation (EC) 
No 207/2009 upon the Board of Appeal's recommendation pursuant to Article 30(2) of this Regulation, the 
conte sted application has been reject ed by final decision of the examiner and the appeal has become devoid of 
purpose as a consequence thereof; 
(d)  where the Board of Appeal considers such reimbursement equitable by reason of a substantial procedural violation. 
Article 34 
Revision and revocation of the decision subject to appeal 
1. Where, in ex parte proceedings, the appeal is not rejected pursuant to Article 23(1), the Board of Appeal shall 
submit the notice of appeal and the statement of grounds of appeal to the instance of the Offi ce whic h adopt ed the 
conte sted decision for the purposes of Article 61 of Regulation (EC) No 207/2009. 
2. Where the instance of the Office which adop ted the decision subject to appeal decides to grant revision pursuant 
to Article 61(1) of Regulation (EC) No 207/2009, it shall inform the Board of Appeal thereof without dela y. 
3. Where the instance of the Office whic h adopt ed the decision subject to appeal has initiate d the procedure for 
revoki ng the decision subject to appeal pursuant to Article 80(2) of Regulation (EC) No 207/2009, it shall inform the 
Board of Appeal thereof without dela y for the purposes of Article 71 of this Regulation. It shall also inform the Board 
of Appeal without dela y about the final outcome of that procedure. 
Article 35 
Allocation of an appeal to a Board and designation of a rappor teur 
1. As soon as the notice of appeal has been filed, the President of the Boards shall allocat e the case to a Board of 
Appeal according to the objective criteria determined by the Presidium of the Boards of Appeal refer red to in 
Article 136(4)(c) of Regulation (EC) No 207/2009. 
2. For each case allocat ed to a Board of Appeal pursuant to paragraph 1, its chair person shall designat e a member of 
that Board of Appeal, or the chair person, as rappor teur . 
3. Where a case falls under the author ity of a sing le member pursuant to Article 36(1), the Board of Appeal handling 
a case shall designate the rappor teur as sing le member pursuant to Article 135(5) of Regulation (EC) No 207/2009. 
4. Where a decision of a Board of Appeal on a case has been annulled or alter ed by a final ruling of the General 
Cour t or, as the case may be, of the Cour t of Justice, the President of the Boards of Appeal shall, with a view to 
compl ying with that ruling in accordance with Article 65(6) of Regulation (EC) No 207/2009, re-allocate the case 
pursuant to paragraph 1 of this Article to a Board of Appeal, which shall not comprise those members whic h had 
adopt ed the annulled decision, excep t where the case is referred to the enlarg ed Board of Appeal (‘Grand Board’) or 
where the annulled decision had been taken by the Grand Board. 8.8.2017 L 205/19 Official Jour nal of the European Union EN     5. Where several appeals are filed against the same decision, those appeals shall be considered in the same 
proceedings. Where appeals involving the same parties are filed against separate decisions concer ning the same mark, or 
have other relevant factual or legal elements in common, those appeals may be considered in joined proceedings with 
the consent of the parties. 
Article 36 
Cases falling under the author ity of a single member 
1. The Board of Appeal handling the case may designate a sing le member within the meaning of Article 135(2) of 
Regulation (EC) No 207/2009 for the purposes of the following decisions: 
(a)  decisions pursuant to Article 23; 
(b)  decisions closing the appeal proceedings following withdrawa l, rejection, surrender or cancellation of the contes ted 
or the earlier mark; 
(c)  decisions closing the appeal proceedings following withdra wal of the opposition, of the request for revocati on or for 
declaration of invalidity or of the appeal; 
(d)  decisions on measures pursuant to Article 79d(1) and Article 80(2) of Regulation (EC) No 207/2009, provided that 
the correction or, as the case may be, the revocati on of the decision on the appeal concer ns a decision taken by 
a sing le member; 
(e)  decisions pursuant to Article 81(4) of Regulation (EC) No 207/2009; 
(f)  decisions pursuant to Article 85(3), (4) and (7) of Regulation (EC) No 207/2009; 
(g)  decisions on appeals against decisions in ex parte proceedings take n on the grounds laid down in Article 7 of 
Regulation (EC) No 207/2009, which are either manifestly unfounded or manifestly well founded. 
2. Where the sing le member considers that the conditions set out in paragraph 1 or in Article 135(5) of Regulation  
(EC) No 207/2009 are not, or no long er, met, the sing le member shall refer the case back to the Board of Appeal in its 
compo sition of three members by submitting a draf t decision pursuant to Article 41 of this Regulation. 
Article 37 
Refer ral to the Grand Board 
1. Without prejudice to the faculty to refer a case to the Grand Board under Article 135(3) of Regulation (EC) 
No 207/2009, a Board of Appeal shall refer a case allocat ed to it to the Grand Board if it considers that it must deviate 
from an interpr etation of the relevant legislation given in an earlier decision of the Grand Board, or if it obser ves that 
the Boards of Appeal have issued diverging decisions on a point of law which is liable to affect the outcome of the case. 
2. All decisions on referrals of appeal cases to the Grand Board shall state the reasons for whic h the refer ring Board 
of Appeal or, as the case may be, the Presidium of the Boards of Appeal considers that this is justif ied, shall be 
communicate d to the parties to the case and shall be published in the Official Jour nal of the Office. 
3. The Grand Board shall, without dela y, refer the case back to the Board of Appeal to whic h it was originally 
allocat ed if it believes that the conditions for the original refer ral are not, or no long er, met. 
4. Requests for a reasoned opinion on questions on a point of law pursuant to Article 128(4)(l) of Regulation (EC) 
No 207/2009 shall be referred to the Grand Board in writing, shall state the questions of law of whic h the interpr etation 
is sought, and may also state the Executive Direct or's view on the different possible interpr etations as well as on their 
respective lega l and practical consequences. The request shall be published in the Official Jour nal of the Offi ce. 8.8.2017 L 205/20 Official Jour nal of the European Union EN     5. Where a Board of Appeal has to decide, in a case pending before it, on the same point in law that has already been 
raised in a refer ral to the Grand Board pursuant to Article 135(3) or Article 128(4)(l) of Regulation (EC) No 207/2009, 
it shall suspend the proceedings until the Grand Board has taken its decision or delivered its reasoned opinion. 
6. Groups or bodies representing manufacturers, producers, suppliers of services, traders or consumers which can 
establish an interest in the result of a case on appeal or a request for a reasoned opinion brought before the Grand 
Board, may submit written obser vations within two months following the publication in the Offi cial Jour nal of the 
Offi ce of the decision of referral or, as the case may be, the request for a reasoned opinion. They shall not be parties to 
the proceedings before the Grand Board and shall bear their own costs. 
Article 38 
Change in the composition of a Board 
1. Where, after oral proceedings, the compo sition of a Board of Appeal is chang ed pursuant to Article 43(2) and (3), 
all parties to the proceedings shall be informed that, at the request of any party, fresh oral proceedings shall be held 
before the Board of Appeal in its new compo sition. Fresh oral proceedings shall also be held if the new member so 
requests and provided that the other members of the Board of Appeal have given their agreement. 
2. The new member of a Board of Appeal shall be bound to the same extent as the other members by any interim 
decision whic h has already been take n. 
Article 39 
Deliberation, voting and signing of decisions 
1. The rappor teur shall submit to the other members of the Board of Appeal a draf t of the decision to be taken and 
shall set a reasonable time limit within whic h to oppose it or to ask for changes . 
2. The Board of Appeal shall meet to deliberate on the decision to be taken if it appears that its members are not all 
of the same opinion. Only members of the Board of Appeal shall participate in the deliberations; the chair person of the 
Board of Appeal may, however , author ise other office rs such as the Registrar or interpr eters to attend. Deliberations shall 
be and remain secret. 
3. Dur ing the deliberations between members of a Board of Appeal, the opinion of the rappor teur shall be heard 
first, and, if the rappor teur is not the chair person, the opinion of the chair person shall be heard last. 
4. If voting is necessar y, votes shall be taken in the same sequence, save that the chair person shall alwa ys vote last. 
Absten tions shall not be permitted . 
5. All members of the Board of Appeal taking the decision shall sign it. However , where the Board of Appeal has 
already reach ed a final decision and a member is unable to act, that member shall not be replaced and the chair person 
shall sign the decision on the member's behalf. Where the chair person is unable to act, the most senior member of the 
Board of Appeal as deter mined in accordance with Article 43(1) shall sign the decision on behalf of the chair person. 
6. Paragraphs 1 to 5 shall not apply where a decision is to be take n by a sing le member pursuant to Article 135(2) of 
Regulation (EC) No 207/2009 and Article 36(1) of this Regulation. In such cases, decisions shall be signed by the sing le 
member . 
Article 40 
Chair person of a Board of Appeal 
A chair person shall preside over a Board of Appeal and shall have the following duties: 
(a)  designate a member of the Board of Appeal, or himself or herself, as rappor teur for each case allocat ed to that Board 
of Appeal in accordance with Article 35(2); 8.8.2017 L 205/21 Official Jour nal of the European Union EN     (b)  designate , on behalf of the Board of Appeal, the rappor teur as sing le member pursuant to Article 135(2) of 
Regulation (EC) No 207/2009; 
(c)  request the Board of Appeal to decide on the admissibility of the appeal in accordance with Article 23(2) of this 
Regulation; 
(d)  direct the preparatory examination of the case carried out by the rappor teur in accordance with Article 41 of this 
Regulation; 
(e)  preside over, and sign the minutes of, oral hear ings and the taking of evidence. 
Article 41 
Rappor teur to a Board of Appeal 
1. The rappor teur shall carry out a preliminar y study of the appeal assigned to the rappor teur , prepare the case for 
examination and deliberation by the Board of Appeal, and draf t the decision to be taken by the Board of Appeal. 
2. To that effect, the rappor teur shall, where necessar y and subject to the direction of the chair person of the Board of 
Appeal, have the following duties: 
(a)  invit e the parties to file obser vations in accordance with Article 63(2) of Regulation (EC) No 207/2009; 
(b)  decide on requests for the extensi on of time limits and, as the case may be, set time limits within the meaning of 
Article 24(1), Article 25(5) and Article 26 of this Regulation, and on suspensions pursuant to Article 71; 
(c)  prepare communications in accordance with Article 28 and the oral hear ing; 
(d)  sign the minutes of oral proceedings and of the taking of evidence. 
Article 42 
Regis try 
1. A Registr y shall be set up at the Boards of Appeal. It shall be responsible for the receipt, dispatch, safek eeping and 
notificati on of all documents relating to the proceedings before the Boards of Appeal, and for the compilation of the 
relevant files. 
2. The Registr y shall be headed by a Registrar . The Registrar shall fulfil the tasks referred to in this Article under the 
author ity of the President of the Boards of Appeal, without prejudice to the provisions in paragraph 3. 
3. The Registrar shall ensure that all formal requirements and time limits, laid down in Regulation (EC) 
No 207/2009, in this Regulation or in decisions of the Presidium of the Boards of Appeal adopt ed in accordance with 
Article 136(4)(c) and (d) of Regulation (EC) No 207/2009 are respected . To this effect, the Registrar shall have the 
following duties: 
(a)  sign the decisions taken by the Boards of Appeal in respect of appeals; 
(b)  take and sign the minutes of oral proceedings and of the taking of evidence; 
(c)  provide, either on its own motion or upon request of the Board of Appeal, reasoned opinions to the Board of 
Appeal on procedural and formal requirements including on irregular ities pursuant to Article 23(2) of this 
Regulation; 
(d)  submit the appeal, in accordance with Article 34(1) of this Regulation, to the instance of the Office which adopt ed 
the contes ted decision; 
(e)  order , on behalf of the Board of Appeal, in the cases referred to in Article 33(a) and (b) of this Regulation, the 
reimbursement of the appeal fee. 8.8.2017 L 205/22 Official Jour nal of the European Union EN     4. The Registrar shall, upon delegatio n of the President of the Boards of Appeal, have the following duties: 
(a)  allocat e cases in accordance with Article 35(1) and (4); 
(b)  imp lement, pursuant to Article 136(4)(b) of Regulation (EC) No 207/2009, decisions of the Presidium of the Boards 
of Appeal relating to the conduct of proceedings before the Boards of Appeal. 
5. The Registrar may, upon delegation of the Presidium of the Boards of Appeal made upon proposal of the President 
of the Boards of Appeal, perform other tasks relating to the conduct of appeal proceedings before the Boards of Appeal 
and the organisation of their work. 
6. The Registrar may delegat e the tasks referred to in this Article to a member of the Registr y. 
7. Where the Registrar is prevented from acting within the meaning of Article 43(4), or where the post of Registrar 
is vacant, the President of the Boards of Appeal shall appoint a member of the Registr y who shall perform the tasks of 
the Registrar in the Registrar's absence. 
8. The members of the Registr y shall be manage d by the Registrar . 
Article 43 
Order of senior ity and replacement of members and chair persons 
1. The senior ity of chair persons and members shall be calculat ed according to the date on which they took up their 
duties as specifi ed in the instr ument of appointment or, failing that, as fixed by the Management Board of the Office. 
Where there is equal senior ity on that basis, the order of senior ity shall be deter mined by age. Chair persons and 
members whose term of office is renewed shall retain their former senior ity. 
2. Where the chair person of a Board of Appeal is prevented from acting, that chair person shall be replaced, on the 
basis of senior ity as determined in accordance with paragraph 1, by the most senior member of that Board of Appeal, 
or, where no member of that Board of Appeal is available, by the most senior of the other members of the Boards of 
Appeal. 
3. Where a member of a Board of Appeal is prevente d from acting, that member shall be replaced, on the basis of 
senior ity as determined in accordance with paragraph 1, by the most senior member of that Board of Appeal, or, where 
no member of that Board of Appeal is available, by the most senior of the other members of the Boards of Appeal. 
4. For the purposes of paragraphs 2 and 3, chair persons and members of the Boards of Appeal shall be considered to 
be prevented from acting in case of leav e, sickness, inescapable commitments and exclusion pursuant to Article 137 of 
Regulation (EC) No 207/2009 and Article 35(4) of this Regulation. A chair person shall also be considered to be 
prevented from acting where that chair person acts ad inter im as President of the Boards of Appeal pursuant to 
Article 47(2) of this Regulation. Where the post of chair person or member is vacant, their respective functions shall be 
exer cised ad inter im pursuant to the provisions in paragraphs 2 and 3 of this Article concer ning replacement. 
5. Any member consider ing itself prevented from acting shall without dela y inform the chair person of the Board of 
Appeal concer ned. Any chair person consider ing itself prevented from acting shall without dela y inform simultaneously 
that chair person's altern ate deter mined in accordance with paragraph 2 and the President of the Boards of Appeal. 
Article 44 
Exclusion and objection 
1. Before a decision is take n by a Board of Appeal pursuant to Article 137(4) of Regulation (EC) No 207/2009, the 
chair person or member concer ned shall be invit ed to present comments as to whether there is a reason for excl usion or 
objection. 8.8.2017 L 205/23 Official Jour nal of the European Union EN     2. Where the Board of Appeal obtains kno wledge, from a source other than the concer ned member itself or a party 
to the proceedings, of a possible reason for exclusion or objection under Article 137(3) of Regulation (EC) 
No 207/2009, the procedure laid down in Article 137(4) of Regulation (EC) No 207/2009 shall be applied. 
3. The proceedings concer ned shall be suspended until a decision is taken on the action to be taken pursuant to 
Article 137(4) of Regulation (EC) No 207/2009. 
Article 45 
Grand Board 
1. The list comprising the names of all members of the Boards of Appeal other than the President of the Boards of 
Appeal and the chair persons of the Boards of Appeal for the purposes of drawing in rotation the members of the Grand 
Board refer red to in Article 136a(2) of Regulation (EC) No 207/2009 shall be drawn up in the order of senior ity 
determined in accordance with Article 43(1) of this Regulation. Where an appeal has been referred to the Grand Board 
pursuant to Article 135(3)(b) of Regulation (EC) No 207/2009, the Grand Board shall compris e the rappor teur 
designat ed prior to the refer ral. 
2. Article 40 shall apply to the President of the Boards of Appeal acting in the capacity of chair person of the Grand 
Board. Article 41 shall apply to the rappor teur to the Grand Board. 
3. Where the President of the Boards of Appeal is prevente d from acting as chair person of the Grand Board, the 
President of the Boards of Appeal shall be replaced in that function and, as the case may be, as rappor teur to the Grand 
Board, on the basis of senior ity as determined in accordance with Article 43(1), by the most senior chair person of the 
Boards of Appeal. Where a member of the Grand Board is prevented from acting, that member shall be replaced by 
another member of the Boards of Appeal to be designat ed pursuant to Article 136a(2) of Regulation (EC) No 207/2009 
and paragraph 1 of this Article. Article 43(4) and (5) of this Regulation shall apply mutatis mutandis. 
4. The Grand Board shall not deliberate or vote on cases, and oral proceedings shall not take place before the Grand 
Board unless seven of its members are present, including its chair person and the rappor teur . 
5. Article 39(1) to (5) shall apply to the deliberation and voting of the Grand Board. In the event of a tie, the vote of 
the chair person shall be decisive. 
6. Article 32 shall apply to decisions of the Grand Board and mutatis mutandis to its reasoned opinions within the 
meaning of Article 128(4)(l) of Regulation (EC) No 207/2009. 
Article 46 
Presidium of the Boards of Appeal 
1. The Presidium of the Boards of Appeal shall have the following duties: 
(a)  decide on the constitution of Boards of Appeal; 
(b)  determi ne the objective criteria for the allocation of appeal cases to the Boards of Appeal and rule on any conf lict as 
regards the application thereof; 
(c)  upon proposal of the President of the Boards of Appeal, establish the Boards of Appeal's expenditure requirements 
with a view to drawin g up the Offi ce's expenditure estimates; 
(d)  lay down its internal rules; 
(e)  lay down rules for the processing of excl usion and objection of members pursuant to Article 137 of Regulation (EC) 
No 207/2009; 8.8.2017 L 205/24 Official Jour nal of the European Union EN     (f)  lay down the working instr uctions for the Registr y; 
(g)  take any other measure for the purpose of exer cising its functions of laying down the rules and of organising the 
work of the Boards of Appeal pursuant to Article 135(3)(a) and Article 136(4)(a) of Regulation (EC) No 207/2009. 
2. The Presidium may validly deliberate only if at least two- thirds of its members, including the chair person of the 
Presidium and half of the chair persons of the Boards of Appeal, rounded up if necessar y, are present. Decisions of the 
Presidium shall be taken by a majority vote. In the event of a tie, the vote of the chair person shall be decisive. 
3. The decisions adopt ed by the Presidium pursuant to Article 43(1), to Article 45(1), and to paragraph 1(a) and (b) 
of this Article shall be published in the Official Jour nal of the Offi ce. 
Article 47 
President of the Boards of Appeal 
1. Where the President of the Boards of Appeal is prevented from acting within the meaning of Article 43(4), the 
manage rial and organisational functions conferr ed upon the President of the Boards of Appeal by Article 136(4) of 
Regulation (EC) No 207/2009 shall be exer cised, on the basis of senior ity as determined in accordance with 
Article 43(1) of this Regulation, by the most senior chair person of the Boards of Appeal. 
2. Where the post of the President of the Boards of Appeal is vacant, the functions of that president shall be 
exer cised ad inter im, on the basis of senior ity as determined in accordance with Article 43(1), by the most senior 
chair person of the Boards of Appeal. 
Article 48 
Applicability to appeal proceedings of provisions relating to other proceedings 
Unless other wise provided in this title, the provisions relating to proceedings before the instance of the Office whic h 
adopt ed the decision subject to appeal shall be applicable to appeal proceedings mutatis mutandis. 
TITLE VI 
ORAL PROCEEDINGS AND TAKING OF EVIDENCE 
Article 49 
Summons to oral proceedings 
1. The parties shall be summoned to oral proceedings provided for in Article 77 of Regulation (EC) No 207/2009 
and their attention shall be drawn to paragraph 3 of this Article. 
2. When issuing the summons, the Offi ce shall request, where necessar y, that the parties provide all relevant 
information and documents before the hear ing. The Office may invite the parties to concentrat e on one or more 
specified issues during the oral proceedings. It may also offer to the parties the possibility to take part in the oral 
proceedings by video confer ence or other technical means. 
3. If a party who has been duly summoned to oral proceedings before the Office does not appear as summoned, the 
proceedings may continue without that party. 
4. The Office shall ensure that the case is ready for decision at the conclusion of the oral proceedings, unless there 
are special reasons to the contrar y. 8.8.2017 L 205/25 Official Jour nal of the European Union EN     Article 50 
Languages of oral proceedings 
1. Oral proceedings shall be conduct ed in the languag e of the proceedings unless the parties agree to use a diffe rent 
official language of the Union. 
2. The Offi ce may communicate in oral proceedings in another official language of the Union and it may, upon 
request, author ise a party to do so provided that simultaneous interpretat ion into the language of proceedings can be 
made available. The costs of providing simultaneous interpretat ion shall be borne by the party making the request or by 
the Offi ce as the case may be. 
Article 51 
Oral evidence of parties, witnesses or exper ts and inspection 
1. Where the Office considers it necessar y to hear the oral evidence of parties, witnesses or exper ts or to carry out an 
inspection, it shall take an interim decision to that end, stating the means by whic h it intends to obtain the evidence, the 
relevant facts to be proved and the date, time and place of hear ing or inspection. Where the hear ing of oral evidence of 
witnesses or exper ts is requested by a party, the Office shall determine in its decision the period within which that party 
must make kno wn to the Office the names and addresses of the witnesses or exper ts. 
2. The summons of parties, witnesses or exper ts to give evidence shall contain: 
(a)  an extract from the decision referred to in paragraph 1, indicating the date , time and place of the hear ing ordered 
and stating the facts regarding whic h the parties, witnesses and exper ts are to be heard; 
(b)  the names of the parties to the proceedings and particulars of the rights whic h the witnesses or exper ts may invoke 
under Article 54(2) to (5). 
The summons shall also offer to the witnesses or exper ts being summoned the possibility to take part in the oral 
proceedings by video confer ence or other technical means. 
3. Article 50(2) shall apply mutatis mutandis. 
Article 52 
Commissioning of and opinions by exper ts 
1. The Office shall decide in what form an opinion is to be submitted by an exper t. 
2. The term s of reference of the exper t shall include: 
(a)  a precise descr iption of the exper t's task; 
(b)  the time limit laid down for the submission of the exper t opinion; 
(c)  the names of the parties to the proceedings; 
(d)  particulars of the rights whic h the exper t may invoke pursuant to Article 54(2), (3) and (4). 
3. Where an exper t is appointed, the exper t opinion shall be submitted in the language of the proceedings or 
accompan ied by a translation into that languag e. A copy of any written opinion, and of the translation if needed, shall 
be submitted to the parties. 
4. The parties may object to the appointment of an exper t on grounds of incompet ence or on the same grounds as 
those on which objection may be made to an examiner or to a member of a Division or Board of Appeal pursuant to 
Article 137(1) and (3) of Regulation (EC) No 207/2009. Any objection to the appointment of an exper t shall be 
submitted in the languag e of the proceedings, or accompan ied by a translation into that language . The depar tment of 
the Offi ce concer ned shall rule on the objection. 8.8.2017 L 205/26 Official Jour nal of the European Union EN     Article 53 
Minutes of oral proceedings 
1. Minute s of oral proceedings or the taking of oral evidence shall be drawn up, containing: 
(a)  the number of the case to which the oral proceedings relat e and the date of the oral proceedings; 
(b)  the names of the officials of the Offi ce, the parties, their representatives, and of the witnesses and exper ts who are 
present ; 
(c)  the submissions and requests made by the parties; 
(d)  the means of giving or obtaining evidence; 
(e)  where applicable, the orders or the decision issued by the Offi ce. 
2. The minut es shall become part of the file of the relevant EU trade mark application or registration. They shall be 
notified to the parties. 
3. Where oral proceedings or the taking of evidence before the Offi ce are recorded, the recording shall replace the 
minute s and paragraph (2) shall apply mutatis mutandis. 
Article 54 
Costs of taking of evidence in oral proceedings 
1. The taking of evidence by the Offi ce may be made conditional upon deposit with it, by the party who has 
request ed the evidence to be taken, of a sum which shall be fixed by reference to an estimat e of the costs. 
2. Witnesses and exper ts who are summoned by and appear before the Office shall be entitled to reimbursement of 
reasonable expenses for travel and subsiste nce where such expenses are incur red. An advance for such expenses may be 
grant ed to them by the Office. 
3. Witnesses entitled to reimbursement pursuant to paragraph 2 shall also be entitled to appropr iate compen sation 
for loss of earnings, and exper ts to fees for their work. That compensation shall be paid to the witnesses and exper ts 
after they have fulfilled their duties or tasks, where such witnesses and exper ts have been summoned by the Office of its 
own initiative. 
4. The amounts and advances for expenses to be paid pursuant to paragraphs 1, 2 and 3 shall be deter mined by the 
Executive Director and shall be published in the Offi cial Jour nal of the Office. The amounts shall be calculated on the 
same basis as laid down in the Staff Regulations of the Officials of the Union and the Conditions of Emplo yment of 
Other Servants of the Union, laid down in Regulation (EEC, Eurat om, ECSC) No 259/68 of the Council (1) and 
Annex VII theret o. 
5. Liability for the amounts due or paid pursuant to paragraphs 1 to 4 shall lie with: 
(a)  the Offi ce where it, at its own initiative, has summoned the witnesses or exper ts; 
(b)  the party concer ned where that party has request ed the giving of oral evidence by witnesses or exper ts, subject to 
the decision on appor tionment and fixing of costs pursuant to Articles 85 and 86 of Regulation (EC) No 207/2009 
and Article 18 of Implementing Regulation (EU) 2017/1431. Such party shall reimburse the Office for any advances 
duly paid. 8.8.2017 L 205/27 Official Jour nal of the European Union EN     
(1)Regulation (EEC, Eurato m, ECSC) No 259/68 of the Council of 29 Febr uary 1968 laying down the Staff Regulations of Offi cials and the 
Conditions of Emplo yment of Other Servants of the European Communities and instituting special measures temporar ily applicable to 
officials of the Commission (OJ L 56, 4.3.1968, p. 1). Article 55 
Exa mination of written evidence 
1. The Office shall examine any evidence given or obtained in any proceedings before it to the extent necessar y to 
take a decision in the proceedings in question. 
2. The documents or other items of evidence shall be contained in annexes to a submission which shall be numbered 
consecutively . The submission shall include an index indicating, for each document or item of evidence annexed: 
(a)  the number of the annex; 
(b)  a shor t descr iption of the document or item and, if applicable, the number of pages; 
(c)  the page number of the submission where the document or item is mentioned. 
The submitting party may also indicate, in the index of annex es, which specifi c parts of a document it relies upon in 
suppor t of its arguments. 
3. Where the submission or the annexes do not compl y with the requirements set out in paragraph 2, the Offi ce may 
invite the submitting party to remedy any deficiency , within a period specif ied by the Office. 
4. Where the deficiency is not remedied within the period specified by the Office, and where it is still not possible for 
the Offi ce to clearly establish to which ground or argument a document or item of evidence refers, that document or 
item shall not be take n into account. 
TITLE VII 
NOTIFIC ATIONS BY THE OFFICE 
Article 56 
General provisions on notif ications 
1. In proceedings before the Offi ce, notifications to be made by the Office shall be in accordance with Article 75(2) 
of Regulation (EC) No 207/2009 and shall consist in the transmission of the document to be notifi ed to the parties 
concer ned. Transmission may be effected by providing electronic access to that document. 
2. Notifications shall be made by one of the following means: 
(a)  electronic means pursuant to Article 57; 
(b)  post or cour ier pursuant to Article 58; 
(c)  public notifi cation pursuant to Article 59. 
3. Where the addressee has indicated contact details for communicating with the addressee through electronic means, 
the Offi ce shall have the choice between those means and notification by post or cour ier. 
Article 57 
Notif ication by electronic means 
1. Notification by electronic means covers transmissions by wire, by radio, by optical means or by other electro ­
magnetic means, including the internet. 
2. The Executive Direct or shall determine the details regar ding the specifi c electronic means to be used, the manner 
in whic h electronic means will be used, and the time limit for notificati on by electronic means. 8.8.2017 L 205/28 Official Jour nal of the European Union EN     Article 58 
Notif ication by pos t or cour ier 
1. Notwithstanding Article 56(3), decisions subject to a time limit for appeal, summons and other documents as 
determined by the Executive Director shall be notified by cour ier service or register ed post, in both cases with advice of 
deliver y. All other notificati ons shall be either by cour ier service or registe red post, whether or not with advice of 
deliver y, or by ordinar y post. 
2. Notwithstanding Article 56(3), notifications in respect of addressees having neither their domicile nor their 
principal place of business or a real and effective industr ial or commercial establishment in the European Economic 
Area (‘EEA ’) and who have not appointed a representative as required by Article 92(2) of Regulation (EC) No 207/2009 
shall be effected by posting the document requir ing notification by ordinar y post. 
3. Where notifi cation is effected by cour ier service or registere d post, whether or not with advice of deliver y, it shall 
be deemed to be delivered to the addressee on the tenth day following that of its posting, unless the letter has failed to 
reac h the addressee or has reac hed the addressee at a later date. In the event of any dispute, it shall be for the Offi ce to 
establish that the letter has reac hed its destination or to establish the date on whic h it was delivered to the addressee, as 
the case may be. 
4. Notification by cour ier service or registered post shall be deemed to have been effected even if the addressee 
refuses to accept the letter . 
5. Notification by ordinar y post shall be deemed to have been effect ed on the tenth day following that of its posting. 
Article 59 
Public Notif ication by public notice 
Where the address of the addressee cannot be established or where after at least one attemp t notificati on in accordance 
with Article 56(2)(a) and (b) has proved impos sible, notificati on shall be effected by public notice. 
Article 60 
Notif ication to represent ativ es 
1. Where a representative has been appointe d or where the applicant first named in a common application is 
considered to be the common representative pursuant to Article 73(1), notificati ons shall be addressed to that appointe d 
or common representative. 
2. Where a sing le party has appointed several representatives, notifi cation shall be effected in accordance with 
Article 2(1)(e) of Implemen ting Regulation (EU) 2017/1431. Where several parties have appointed a common represen ­
tative, notifi cation of a sing le document to the common representative shall be suffi cient. 
3. A notifi cation or other communication addressed by the Offi ce to the duly author ised representative shall have the 
same effect as if it had been addressed to the represente d person. 
Article 61 
Irregular ities in notif ication 
Where a document has reac hed the addressee and where the Offi ce is unable to prove that it has been duly notifi ed or 
where provisions relating to its notificati on have not been obser ved, the document shall be deemed to have been 
notified on the date established as the date of receipt. 8.8.2017 L 205/29 Official Jour nal of the European Union EN     Article 62 
Notif ication of documents in the case of several parties 
Documents emanating from parties shall be notifi ed to the other parties as a matt er of course. Notification may be 
dispensed with where the document contains no new pleadings and the matter is ready for decision. 
TITLE VIII 
WRITTEN COMMUNIC ATIONS AND FORMS 
Article 63 
Communications to the Office in writing or by other means 
1. Applications for the registration of an EU trade mark as well as any other application provided for in Regulation  
(EC) No 207/2009 and all other communications addressed to the Office shall be submitted as follows: 
(a)  by transmitting a communication by electronic means, in whic h case the indication of the name of the sender shall 
be deemed to be equivalent to the signature; 
(b)  by submitting a signed original of the document in question to the Offi ce by post or cour ier. 
2. In proceedings before the Office, the date on which a communication is received by the Office shall be considered 
to be its date of filing or submission. 
3. Where a communication received by electronic means is incomplet e or illegible or where the Offi ce has reasonable 
doubts as to the accuracy of the transmission, the Office shall inform the sender according ly and shall invite the sender , 
within a period to be specified by the Offi ce, to retransmit the original or to submit it in accordance with 
paragraph (1)(b). Where that request is compl ied with within the period specified, the date of receipt of the retrans ­
mission or of the original shall be deemed to be the date of the receipt of the original communication. However , where 
the deficiency concer ns the granting of a filing date for an application to register a trade mark, the provisions on the 
filing date shall apply . Where the request is not compl ied with within the period specified, the communication shall be 
deemed not to have been received. 
Article 64 
Annex es to communications by post or cour ier 
1. Annex es to communications may be submitte d on data carriers in accordance with the technical specif ications 
determined by the Executive Direct or. 
2. Where a communication with annex es is submitte d in accordance with Article 63(1)(b) by a party in a proceeding 
involving more than one party, the party shall submit as man y copies of the annexes as there are parties to the 
proceedings. Annexes shall be indexe d in accordance with the requirements laid down in Article 55(2). 
Article 65 
Forms 
1. The Offi ce shall mak e forms available to the public free of charge, which may be complet ed online, for the 
purposes of: 
(a)  filing an application for an EU trade mark, including, where appropr iate, requests for the search repor ts; 8.8.2017 L 205/30 Official Jour nal of the European Union EN     (b)  entering an opposition; 
(c)  applying for revocati on of rights; 
(d)  applying for a declaration of invalidity or the assignment of an EU trade mark; 
(e)  applying for the registration of a transfer and the transfer form or document refer red to in Article 13(3)(d) of 
Implementing Regulation (EU) 2017/1431; 
(f)  applying for the registration of a licence; 
(g)  applying for the renewal of an EU trade mark; 
(h)  making an appeal; 
(i)  author ising a representative, in the form of an individual author isation or a general author isation; 
(j)  submitting an international application or a subsequent designation pursuant to the Protocol relating to the Madr id 
Agreement concer ning the international registration of marks , adopt ed at Madr id on 27 June 1989 (1) to the Office. 
2. Parties to the proceedings before the Offi ce may also use: 
(a)  forms established under the Trademark Law Treaty or pursuant to recommendations of the Assembly of the Paris 
Union for the Protection of Industr ial Proper ty; 
(b)  with the excep tion of the form refer red to in point (i) of paragraph 1, forms with the same conte nt and format as 
those refer red to in paragraph 1. 
3. The Office shall make the forms refer red to in paragraph 1 available in all the official languag es of the Union. 
Article 66 
Communications by represent ativ es 
Any communication addressed to the Office by the duly author ised representative shall have the same effect as if it 
originated from the represent ed person. 
TITLE IX 
TIME LIMITS 
Article 67 
Calculation and duration of time limits 
1. The calculation of a time limit shall start on the day following the day on whic h the relevant event occur red, either 
a procedural step or the expir y of another time limit. Where that procedural step is a notificati on, the event shall be the 
receipt of the document notified , unless other wise provided for. 
2. Where a time limit is expressed as one year or a certain number of years, it shall expire on the relevant subsequent 
year in the month having the same name and on the day having the same number as the month and the day on whic h 
the relevant event occur red. Where the relevant month has no day with the same number , the time limit shall expire on 
the last day of that month. 
3. Where a time limit is expressed as one month or a certain number of months, it shall expire on the relevant 
subsequent month on the day which has the same number as the day on whic h the relevant event occur red. Where the 
relevant subsequent month has no day with the same number , the time limit shall expire on the last day of that month. 8.8.2017 L 205/31 Official Jour nal of the European Union EN     
(1)OJ L 296, 14.11.2003, p. 22. 4. Where a time limit is expressed as one week or a certain number of weeks, it shall expire on the relevant 
subsequent week on the day having the same name as the day on whic h the said event occur red. 
Article 68 
Extension of time limits 
Subject to specific or maximum time limits laid down in Regulation (EC) No 207/2009, Implementing Regulation (EU) 
2017/1431 or this Regulation, the Office may grant an extensi on of a time limit upon reasoned request. Such request 
shall be submitted by the party concer ned before the time limit in question expires. Where there are two or more 
parties, the Offi ce may subject the extension of a time limit to the agreement of the other parties. 
Article 69 
Expir y of time limits in special cases 
1. Where a time limit expires on a day on whic h the Offi ce is not open for receipt of documents or on which , for 
reasons other than those referred to in paragraph 2, ordinar y post is not delivered in the locality in whic h the Office is 
locat ed, the time limit shall be extended until the first day thereaf ter on whic h the Office is open for receipt of 
documents and on which ordinar y mail is delivered. 
2. Where a time limit expires on a day on which there is a general interr upti on in the deliver y of mail in the Member 
State where the Offi ce is locat ed, or, if and to the exte nt that the Executive Director has allowed communications to be 
sent by electronic means pursuant to Article 79b(1) of Regulation (EC) No 207/2009, on which there is an actual 
interr upti on of the Office's connection to those electronic means of communication, the time limit shall be exte nded 
until the first day thereaf ter on which the Offi ce is open for receipt of documents and on which ordinar y mail is 
delivered or the Office's connection to those electronic means of communication is restored. 
TITLE X 
REV OCATION OF A DECISION 
Article 70 
Rev ocation of a decision or entr y in the Register 
1. Where the Offi ce finds of its own motion or pursuant to corresponding information provided by the parties to the 
proceedings that a decision or entr y in the Registe r is subject to revocati on pursuant to Article 80 of Regulation (EC) 
No 207/2009, it shall inform the affected party about the intended revocati on. 
2. The affect ed party shall submit obser vations on the intended revocati on within a time limit specifi ed by the Office. 
3. Where the affect ed party agrees to the intende d revocati on or does not submit any obser vations within the time 
limit, the Office shall revok e the decision or entr y. If the affected party does not agree to the intended revocati on, the 
Offi ce shall take a decision on the intende d revocati on. 
4. Where the intended revocati on is likely to affect more than one party, paragraphs 1, 2 and 3 shall apply mutatis 
mutandis. In those cases the obser vations submitte d by one of the parties pursuant to paragraph 3 shall alwa ys be 
communicate d to the other party or parties with an invitation to submit obser vations. 
5. Where the revocation of a decision or an entr y in the Registe r affects a decision or entr y that has been published, 
the revocati on shall also be published. 8.8.2017 L 205/32 Official Jour nal of the European Union EN     6. Com petence for revocation pursuant to paragraphs 1 to 4 shall lie with the depar tment or unit whic h took the 
decision. 
TITLE XI 
SUSPENSION OF PROCEEDINGS 
Article 71 
Suspension of proceedings 
1. As regar ds opposition, revocati on and declaration of invalidity and appeal proceedings, the compet ent depar tment 
or Board of Appeal may suspend proceedings: 
(a)  on its own motion where a suspension is appropr iate under the circumstances of the case; 
(b)  at the reasoned request of one of the parties in inter partes proceedings where a suspension is appropr iate under the 
circumstances of the case, taking into account the interests of the parties and the stage of the proceedings. 
2. At the request of both parties in inter partes proceedings, the compet ent depar tment or Board of Appeal shall 
suspend the proceedings for a period which shall not exce ed six months. That suspension may be extende d upon 
a request of both parties up to a total maximum of two years. 
3. Any time limits relat ed to the proceedings in question, other than the time limits for the payment of the applicable 
fee, shall be interr upted as from the date of suspension. Without prejudice to Article 137a(5) of Regulation (EC) 
No 207/2009, the time limits shall be recalculat ed to begin again as from the day on which the proceedings are 
resumed. 
4. Where appropr iate under the circumstances of the case, the parties may be invit ed to submit their obser vations as 
regar ds the suspension or resum ption of the proceedings. 
TITLE XII 
INTERR UPTION OF PROCEEDINGS 
Article 72 
Resumption of proceedings 
1. Where proceedings before the Office have been interr upted pursuant to Article 82a(1) of Regulation (EC) 
No 207/2009, the Offi ce shall be informed of the identity of the person author ised to continue the proceedings before 
it pursuant to Article 82a(2) of Regulation (EC) No 207/2009. The Offi ce shall communicate to that person and to any 
inter ested third parties that the proceedings shall be resumed as from a date to be fixed by the Office. 
2. Where, three months after the beginning of the interr upti on of the proceedings pursuant to Article 82a(1)(c) of 
Regulation (EC) No 207/2009, the Office has not been informed of the appointment of a new representative, it shall 
inform the applicant for or propr ietor of the EU trade mark that: 
(a)  where Article 92(2) of Regulation (EC) No 207/2009 shall apply , the EU trade mark application shall be deemed to 
be withdrawn if the information is not submitte d within two months after the communication is notified ; 
(b)  where Article 92(2) of Regulation (EC) No 207/2009 does not apply , the proceedings will be resumed with the 
applicant for or propr ietor of the EU trade mark as from the date on which this communication is notifi ed. 
3. The time limits in force as regar ds the applicant for or propr ietor of the EU trade mark at the date of interrupti on 
of the proceedings, other than the time limit for paying the renewal fees, shall begin again as from the day on which the 
proceedings are resumed. 8.8.2017 L 205/33 Official Jour nal of the European Union EN     TITLE XIII 
REPRESENT ATION 
Article 73 
Appointment of a common represent ativ e 
1. Where there is more than one applicant and the application for an EU trade mark does not name a common rep­
resentative, the first applicant named in the application having the domicile or principal place of business or a real and 
effective industr ial or commercial establishment in the EEA, or its representative if appointe d, shall be considered to be 
the common representative. Where all of the applicants are obliged to appoint a professional representative, the 
profess ional representative who is named first in the application shall be considered to be the common representative. 
This shall apply mutatis mutandis to third parties acting in common in filing notice of opposition or applying for 
revocati on or for a declaration of invalidity and to joint propr ietors of an EU trade mark. 
2. Where, during the course of proceedings, transfer is made to more than one person and those persons have not 
appointe d a common representative, paragraph 1 shall apply . Where such an appointment is not possible, the Office 
shall require those persons to appoint a common representative within two months. If that request is not compl ied 
with, the Office shall appoint the common representative. 
Article 74 
Author isations 
1. Emplo yees who represent natural or legal persons within the meaning of Article 92(3) of Regulation (EC) 
No 207/2009, as well as legal practitioners and profes sional representatives entered on the list maintained by the Offi ce 
pursuant to Article 93(2) of Regulation (EC) No 207/2009, shall file a signed author isation with the Offi ce for inser tion 
in the files pursuant to Article 92(3) and Article 93(1) of Regulation (EC) No 207/2009 only where the Offi ce expressly 
requires it or where there are several parties to the proceedings in which the representative acts before the Office and 
the other party expressly asks for it. 
2. Where it is required, pursuant to Article 92(3) or Article 93(1) of Regulation (EC) No 207/2009, that a signed 
author isation be filed, such an author isation may be filed in any official language of the Union. It may cover one or 
more applications or register ed trade marks or may be in the form of a general author isation author ising the representa ­
tive to act in respect of all proceedings before the Offi ce to whic h the person giving the author isation is a party. 
3. The Office shall specify a time limit within whic h such an author isation shall be filed. Where the author isation is 
not filed in due time, proceedings shall be continued with the represented person. Any procedural steps take n by the 
representative other than the filing of the application shall be deemed not to have been taken if the represented person 
does not appro ve them within a time limit specified by the Offi ce. 
4. Paragraphs 1 and 2 shall apply mutatis mutandis to a document withdra wing an author isation. 
5. Any representative who has ceased to be author ised shall continue to be regar ded as the representative until the 
term ination of that representative's author isation has been communicated to the Offi ce. 
6. Subject to any provisions to the contrar y contained therein, an author isation shall not automa tically cease to be 
valid vis-à-vis the Office upon the death of the person who gave it. 
7. Where the appointment of a representative is communicat ed to the Offi ce, the name and the business address of 
the representative shall be indicated in accordance with Article 2(1)(e) of Implementing Regulation (EU) 2017/1431. 
Where a representative who has already been appointe d appears before the Office, that representative shall indicate the 
name and the identification number attributed to the representative by the Office. Where several representatives are 
appointe d by the same party, they may, notwithstanding any provisions to the contrar y in their author isations, act either 
jointly or sing ly. 
8. The appointment or author isation of an association of representatives shall be deemed to be an appointment or 
author isation of any representative who practices within that association. 8.8.2017 L 205/34 Official Jour nal of the European Union EN     Article 75 
Amendment of the list of prof essional represent ativ es 
1. Pursuant to Article 93(5) of Regulation (EC) No 207/2009, the entr y of a profes sional representative shall be 
delet ed automatically: 
(a)  in the event of the death or lega l incapacity of the profess ional representative; 
(b)  where the profe ssional representative is no longer a national of one of the Member States of the EEA, unless the 
Executive Director has grant ed an exem ption under Article 93(4)(b) of Regulation (EC) No 207/2009; 
(c)  where the profess ional representative no long er has the place of business or emplo yment in the EEA; 
(d)  where the professional representative no long er possesses the entitlement referred to in the first sente nce of 
Article 93(2)(c) of Regulation (EC) No 207/2009. 
2. The entr y of a profes sional representative shall be suspended of the Office's own motion where the representative's 
entitlement to represent natural or lega l persons before the Benelux Offi ce for Intellectual Proper ty or the central 
industr ial proper ty office of a Member State as refer red to in the first sentence of Article 93(2)(c) of Regulation (EC) 
No 207/2009 has been suspended. 
3. Where the conditions for deletion no long er exist, a person whose entr y has been deleted shall, upon request, 
accompan ied by a certificate pursuant to Article 93(3) of Regulation (EC) No 207/2009, be reinstate d in the list of 
profess ional representatives. 
4. The Benelux Office for Intellectual Proper ty and the central industr ial proper ty office s of the Member States 
concer ned shall, where they are aware of any relevant events refer red to in paragraphs 1 and 2, prom ptly inform the 
Offi ce thereof. 
TITLE XIV 
PROCEDURES CONCERNING THE INTERNA TIONAL REGISTRA TION OF MARK S 
Article 76 
Collectiv e and certification mark s 
1. Without prejudice to Article 154 of Regulation (EC) No 207/2009, where an international registration designating 
the Union is dealt with as an EU collective mark or as an EU certificat ion mark pursuant to Article 154a(1) of 
Regulation (EC) No 207/2009, a notification of an ex officio provisional refusal shall also be issued in accordance with 
Article 33 of Implementing Regulation (EU) 2017/1431 in the following cases: 
(a)  where one of the grounds for refusal provided for in Article 68(1) or (2) of Regulation (EC) No 207/2009, in 
conjunction with paragraph 3 of that Article, or in Article 74c(1) or (2) of Regulation (EC) No 207/2009, in 
conjunction with paragraph 3 of that Article exists; 
(b)  where the regulations governing use of the mark have not been submitted in accordance with Article 154a(2) of 
Regulation (EC) No 207/2009. 
2. Notice of amendments to the regulations governing the use of the mark pursuant to Articles 71 and 74f of 
Regulation (EC) No 207/2009 shall be published in the European Union Trade Marks Bulletin. 
Article 77 
Opposition proceedings 
1. Where opposition is entered against an intern ational registration designating the Union pursuant to Article 156 of 
Regulation (EC) No 207/2009, the notice of opposition shall contain: 
(a)  the number of the intern ational registration against which opposition is entered; 8.8.2017 L 205/35 Official Jour nal of the European Union EN     (b)  an indication of the goods or services listed in the intern ational registration against which opposition is entered; 
(c)  the name of the holder of the intern ational registration; 
(d)  the requirements laid down in Article 2(2)(b) to (h) of this Regulation. 
2. Article 2(1), (3) and (4) and Articles 3 to 10 of this Regulation shall apply for the purposes of opposition 
proceedings relating to internati onal registrations designating the Union, subject to the following conditions: 
(a)  any reference to an application for registration of the EU trade mark shall be read as a reference to an international 
registration; 
(b)  any reference to a withdra wal of the application for registration of the EU trade mark shall be read as a reference to 
the renunciation of the intern ational registration in respect of the Union; 
(c)  any reference to the applicant shall be read as a referen ce to the holder of the international registration. 
3. Where the notice of opposition is filed before the expir y of the period of one month refer red to in Article 156(2) 
of Regulation (EC) No 207/2009, the notice of opposition shall be deemed to have been filed on the first day following 
the expir y of the period of one month. 
4. Where the holder of the intern ational registration is obliged to be represented in proceedings before the Office 
pursuant to Article 92(2) of Regulation (EC) No 207/2009, and where the holder of the international registration has 
not already appointed a representative within the meaning of Article 93(1) of Regulation (EC) No 207/2009, the 
communication of the opposition to the holder of the internatio nal registration pursuant to Article 6(1) of this 
Regulation shall contain a request for the appointment of a representative within the meaning of Article 93(1) of 
Regulation (EC) No 207/2009 within a time limit of two months from the date of notifi cation of the communication. 
Where the holder of the international registration fails to appoint a representative within that time limit, the Offi ce shall 
take a decision refusing the protection of the internati onal registration. 
5. The opposition procedure shall be stayed where an ex officio provisional refusal of protection is issued pursuant to 
Article 154 of Regulation (EC) No 207/2009. Where the ex officio provisional refusal has led to a decision to refuse 
prote ction of the mark whic h has become final, the Office shall not proceed to a decision and refund the opposition fee 
and no decision on the appor tionment of costs shall be take n. 
Article 78 
Notif ication of provisional refusals based on an opposition 
1. Where a notice of opposition against an internati onal registration is entered at the Office pursuant to 
Article 156(2) of Regulation (EC) No 207/2009, or where an opposition is deemed to have been entered pursuant to 
Article 77(3) of this Regulation, the Office shall issue a notification of provisional refusal of prot ection based on an 
opposition to the Internatio nal Bureau of the World Intellectual Proper ty Organisation (‘the International Bureau’). 
2. The notifi cation of provisional refusal of prot ection based on an opposition shall contain: 
(a)  the number of the intern ational registration; 
(b)  the indication that the refusal is based on the fact that an opposition has been filed, together with a reference to the 
provisions of Article 8 of Regulation (EC) No 207/2009 upon which the opposition relies; 
(c)  the name and the address of the opposing party. 
3. Where the opposition is based on a trade mark application or registration, the notifi cation refer red to in 
paragraph 2 shall contain the following indications: 
(a)  the filing date , the registration date and the priority date, if any; 
(b)  the filing number and, the registration number , if different; 8.8.2017 L 205/36 Official Jour nal of the European Union EN     (c)  the name and address of the owner; 
(d)  a reproduction of the mark; 
(e)  the list of goods or services upon which the opposition is based. 
4. Where the provisional refusal relates to only part of the goods or services, the notific ation refer red to in 
paragraph 2 shall indicate those goods or services. 
5. The Office shall inform the International Bureau of the following: 
(a)  where as a result of the opposition proceedings the provisional refusal has been withdra wn, the fact that the mark is 
protect ed in the Union; 
(b)  where a decision to refuse protection of the mark has become final following an appeal pursuant to Article 58 of 
Regulation (EC) No 207/2009 or an action pursuant to Article 65 of Regulation (EC) No 207/2009, the fact that 
protect ion of the mark is refused in the Union; 
(c)  where the refusal refer red to in point (b) concer ns only part of the goods or services, the goods or services for 
which the mark is protect ed in the Union. 
6. Where more than one provisional refusal has been issued for one intern ational registration pursuant to 
Article 154(2) of Regulation (EC) No 207/2009 or paragraph 1 of this Article, the communication refer red to in 
paragraph 5 of this Article shall relate to the total or partial refusal of prot ection of the mark pursuant to Articles 154 
and 156 of Regulation (EC) No 207/2009. 
Article 79 
Statement of grant of protection 
1. Where the Office has not issued an ex officio provisional notifi cation of refusal pursuant to Article 154 of 
Regulation (EC) No 207/2009 and no opposition has been received by the Office within the opposition period refer red 
to in Article 156(2) of Regulation (EC) No 207/2009 and the Offi ce has not issued an ex officio provisional refusal as 
a result of the third party obser vations submitte d, the Offi ce shall send a statement of grant of prote ction to the Intern at­
ional Bureau indicating that the mark is prote cted in the Union. 
2. For the purposes of Article 151(2) of Regulation (EC) No 207/2009, the statement of grant of prot ection refer red 
to in paragraph 1 of this Article shall have the same effect as a statement by the Office that a notice of refusal has been 
withdra wn. 
TITLE XV 
FINAL PROVISIONS 
Article 80 
Repeal 
Regulations (EC) No 2868/95 and (EC) No 216/96 are repealed. However , they shall continue to apply to ongoing 
proceedings where this Regulation does not apply in accordance with its Article 81, until such proceedings are 
concluded. 
Article 81 
Entr y into force and application 
1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the 
European Union. 8.8.2017 L 205/37 Official Jour nal of the European Union EN     2. It shall be applicable from 1 October 2017, subject to the following excep tions: 
(a)  Articles 2 to 6 shall not apply to notices of opposition entered before the abovementioned date; 
(b)  Articles 7 and 8 shall not apply to opposition proceedings, the adversar ial part of whic h has started before the 
abovementioned date; 
(c)  Article 9 shall not apply to suspensions made before the abovementioned date; 
(d)  Article 10 shall not apply to requests for proof of use made before the abovementioned date; 
(e)  title III shall not apply to requests for amendment entered before the abovementioned date ; 
(f)  Articles 12 to 15 shall not apply to applications for revocation or for a declaration of invalidity or requests for 
assignment entered before the abovementioned date; 
(g) Articles 16 and 17 shall not apply to proceedings, the adversar ial part of whic h has started before the abovemen ­
tioned date ; 
(h)  Article 18 shall not apply to suspensions made before the abovementioned date; 
(i)  Article 19 shall not apply to requests for proof of use made before the abovementioned date; 
(j)  title V shall not apply to appeals entered before the abovementioned date; 
(k)  title VI shall not apply to oral proceedings initiat ed before the abovementioned date or to written evidence where 
the period for its presentation has started before that date ; 
(l)  title VII shall not apply to notifi cations made before the abovementioned date; 
(m)  title VIII shall not apply to communications received and to forms made available before the abovementioned date; 
(n)  title IX shall not apply to time limits set before the abovementioned date; 
(o)  title X shall not apply to revocations of decisions take n or entr ies in the Registe r made before the abovementioned 
date ; 
(p)  title XI shall not apply to suspensions request ed by the parties or imposed by the Office before the abovementioned 
date ; 
(q)  title XII shall not apply to proceedings interr upted before the abovementioned date; 
(r)  Article 73 shall not apply to EU trade mark applications received before the abovementioned date ; 
(s)  Article 74 shall not apply to representatives appointe d before the abovementioned date ; 
(t)  Article 75 shall not apply to entr ies on the list of professional representatives made before the abovementioned 
date ; 
(u)  title XIV shall not apply to designations of the EU trade mark made before the abovementioned date. 
This Regulation shall be binding in its entirety and directly applicable in all Member State s. 
Done at Brussels, 18 May 2017. 
For the Commission 
The President 
Jean-Claude JUNCK ER  8.8.2017 L 205/38 Official Jour nal of the European Union EN