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Amendments to Trademark Laws

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Jan 27, 2022 (Newsletter Issue 1/22)
EUIPO
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Changes Proposed to Public Availability of Rejection Decisions


The Guidelines for Examination of European Union trademarks (EUTM) and registered Community designs are currently being revised. A new version is expected to enter into force in March 2022. Any changes of practice will take effect on the date of entry into force.

One of the proposed changes concerns the publication of decisions refusing an EUTM application on absolute grounds. With this change, those decisions issued after the entry into force of the new Guidelines will be made available in the eSearch case-law database the day after their notification irrespective of whether the decision becomes final.

In practice, this will alter the consequences of withdrawing an EUTM application during the two-month appeal period following the receipt of a refusal decision. Withdrawal in this period will still be possible (and the EUTM will appear as ‘withdrawn’ instead of ‘refused’ in eSearch Plus database), however the change will mean that the refusal decision will be publicly available in the eSearch case law database.

For more information, please check here

Source: www.euipo.europa.eu