A New Common Communication: Evidence in Trademark Appeal Proceedings

A new area of common practice has once again been achieved within the European Union Intellectual Property Network, as part of the convergence of trademark practices initiative. The new Common Communication, CP12, sets out the general principles relating to evidentiary material in trademark appeal proceedings. It covers in particular the types of evidence, the means and sources of evidence and the establishment of relevant dates of evidence, as well as the structure and ways to present evidence, and the handling of confidential evidentiary material. This new Common Communication is intended to further facilitate transparency, legal certainty and predictability for both examiners and internal or external appeal bodies, as well as users.

Given that BOIP no longer has an internal appeal body, this Common Communication does not apply to BOIP as such. Nevertheless, CP12 can still serve as a useful reference to BOIP when reviewing documentation.