EUIPO updates Trade Mark Guidelines and Design Guidelines

 March 28, 2017 | Blog

The Guidelines reflect the EUIPO's practice in the most frequent scenarios, and aims to increase consistency and predictability for users. They contain general instructions, which have to be adapted to the particularities of a case.

The EUIPO Guidelines are the main point of reference for users of the European Union trade mark system and the Community design system, and for professional advisers who want to make sure they have the latest information on EUIPO's examination practices.

The EUIPO issues a revision of the Guidelines on a yearly basis, and large parts of the Guidelines have been updated as of February 2017. The updated Guidelines also include the most recent case law from the Court of Justice of the European Union and the EUIPO's Boards of Appeal.

The Guidelines reflect the EUIPO's practice in the most frequent scenarios, and aims to increase consistency and predictability for users. They contain general instructions, which have to be adapted to the particularities of a case. They are not legislative texts and are not binding. However, since the EUIPO normally will (have to) examine and/or decide in keeping with the Guidelines, the Guidelines in practice are very useful to: (i) estimate whether an application will pass the absolute grounds for refusal; (ii) convince the EUIPO why a provisional refusal is incorrect; and/or (iii) derive arguments for use in opposition or invalidity proceedings.


The Guidelines are available here:

The Guidelines provide valuable information on the following subjects:

Trade Mark Guidelines

Design Guidelines

Part A: General Rules

Examination of Applications for RCDs

Part B: Examination

Examination of Design Invalidity Applications

Part C: Opposition

Parts shared with Trade Mark Guidelines:

Part D: Cancellation

Part A: General Rules

Part E: Register Operations

Part E: Register Operations

Do you want to prevent a refusal or start opposition or invalidity proceedings, please contact Bram Woltering, Huib Berendschot or Roderick Chalmers.

The EUIPO Guidelines are the main point of reference for users of the European Union trade mark system and the Community design system, and for professional advisers who want to make sure they have the latest information on EUIPO's examination practices.

The EUIPO issues a revision of the Guidelines on a yearly basis, and large parts of the Guidelines have been updated as of February 2017. The updated Guidelines also include the most recent case law from the Court of Justice of the European Union and the EUIPO's Boards of Appeal.

The Guidelines reflect the EUIPO's practice in the most frequent scenarios, and aims to increase consistency and predictability for users. They contain general instructions, which have to be adapted to the particularities of a case. They are not legislative texts and are not binding. However, since the EUIPO normally will (have to) examine and/or decide in keeping with the Guidelines, the Guidelines in practice are very useful to: (i) estimate whether an application will pass the absolute grounds for refusal; (ii) convince the EUIPO why a provisional refusal is incorrect; and/or (iii) derive arguments for use in opposition or invalidity proceedings.


The Guidelines are available here:

The Guidelines provide valuable information on the following subjects:

Trade Mark Guidelines

Design Guidelines

Part A: General Rules

Examination of Applications for RCDs

Part B: Examination

Examination of Design Invalidity Applications

Part C: Opposition

Parts shared with Trade Mark Guidelines:

Part D: Cancellation

Part A: General Rules

Part E: Register Operations

Part E: Register Operations

Do you want to prevent a refusal or start opposition or invalidity proceedings, please contact Bram Woltering, Huib Berendschot or Roderick Chalmers.