The revised Rules of Procedure of the Boards of Appeal of the EUIPO entered into force on 1 July 2026. The revision aligns appeal proceedings with recent legislative developments and introduces a number of changes aimed at improving procedural efficiency and providing greater legal clarity on several procedural aspects.
- Appeals concerning Geographical Indications
The main amendment is the introduction of specific provisions governing appeals relating to Geographical Indications for craft and industrial products. The revised Rules regulate matters such as the participation of Member States, the use of the dedicated GI portal, certain exceptions to the requirement for professional representation, and the rules governing language and notifications.
- Extensions of time limits and suspension of proceedings
The revision aligns the practice of the Boards of Appeal with that of the EUIPO at first instance. The Registrar may grant joint requests for extensions exceeding six months, while the first joint request for suspension will generally be granted for a period of six months. Subsequent suspensions may be granted for up to eighteen months, subject to an overall maximum of two years per instance.
- Effects of mediation on appeal proceedings
The revised Rules clarify that where appeal proceedings have been suspended due to mediation, the relevant procedural time limits do not restart once the proceedings resume. Instead, they continue to run from the point at which they were interrupted.
- Earlier rights that cease to exist
A new provision has been introduced to govern situations where all earlier rights on which an opposition or an application for a declaration of invalidity is based cease to exist during the proceedings. In such cases, the Boards of Appeal must reject the opposition or invalidity application as unfounded and order the opponent or invalidity applicant to bear the costs of the proceedings.
- New rules on costs
The revised Rules also simplify the approach to costs. Where the parties provide evidence that they have reached an agreement on costs, the Boards of Appeal will not issue a separate decision on this matter. However, where only one party alleges the existence of such an agreement without supporting evidence, the Board will determine the costs of its own motion.
The revised Rules of Procedure are now available on the EUIPO website.
Sara de Toledo
Attorney at Law
