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Suspensive effect of appeal proceedings at the EUIPO

Suspensive effect of appeal proceedings at the EUIPO

12/07/19

With its decision of 20 June 2019 in case R 638/2019-2, the Second Board of Appeal of the EUIPO has considered the meaning of the provision “The filing of the appeal shall have suspensive effect” as found in Art. 66, EUTMR.

In the case in question, an opposition had been filed against part of the goods claimed in the application and the Opposition Division of EUIPO decided in favour of the opponent in refusing the application in part. The applicant then appealed the decision, requesting that it be set aside in its entirety.

Following an agreement between the parties, the opponent withdrew the opposition and the Board had to consider whether the opposition could be withdrawn at that stage of the proceedings, i.e. after a decision had been reached by the Opposition Division, and while appeal proceedings were pending.

The Board stated that a consequence of the provision of Art. 66, EUTMR, by which an appeal has "suspensive effect", is that an opposition can be withdrawn at any time before the decision on the appeal becomes final.

The Board therefore decided that, following the withdrawal of the opposition, the contested decision of the Opposition Division could not take effect.