EUIPN CP12-Common Communication

CP12 Common Communication and Common Practice – Evidence in Trade Mark Proceedings and Appeals

The Intellectual Property Offices of the European Union Intellectual Property Network(EUIPN) continue to collaborate in the context of converging trade mark and design practices. We have now agreed on an additional Common Practice/Common Recommendations document on trade marks with the aim of providing general principles regarding evidence in trade mark appeal proceedings, in particular, the type, means, sources, and identification of relevant dates, as well as its structure and presentation, and the treatment of confidential evidence. This latest publication was launched on 1 April 2021

This Common Practice/Common Recommendations document is made public through this Common Communication with the purpose of further increasing transparency, legal certainty, and predictability for the benefit of examiners, internal and external appeal bodies, and users alike.

The Intellectual Property Office of Ireland (IPOI) does not have an internal appeals body and any decisions of the Controller must be appealed to the High Court. However, the IPOI is satisfied that the Common Practice provides helpful guidance to parties in respect of how best to file evidence in proceedings before the Controller. Therefore the IPOI is happy to support all the recommendations and guidelines and encourages parties to adhere to them as best as possible.

This Common Practice/Common Recommendations document delivers a set of guiding, non-binding principles regarding evidence in trade mark proceedings and appeals in respect of the following:

  • types of evidence and their admissibility at the first instance or on appeal;
  • means and sources of evidence, including its genuineness, veracity and reliability;
  • establishing the relevant date of evidence;
  • ways to present evidence: structure and presentation, including acceptable formats, size and volume, index of annexes and templates; and
  • confidentiality of evidence.

View the full Common Practice document on our website.