The Office says the service is designed to make filing an appeal as efficient as possible. It explains:
The new eAppeal is the latest step in a journey of digital improvement undertaken by the Office. Starting in 2011, EUIPO began to simplify and modernise its IT systems, making them more efficient and user-friendly. eAppeal is easy to use and can be accessed directly from the User Area of the EUIPO website, and through the online services page. It can also be entered under Actions and Communications after accessing the file in eSearch plus.
The entire process has just four steps.
The first step allows the requester (either the appellant or the representative) to submit their information electronically.
The second step allows the requester to identify the contested trade mark or design decision.
The third step allows the requester to upload a statement of grounds as an attachment to the form, or to file it later on. The statement of grounds needs to be filed in the language of the proceedings. If a written statement of grounds is not attached to eAppeal, please note that if it is not filed within four months, the appeal will be inadmissible. The fourth step requires the requester to sign the form by entering his or her name, as described in Rule 79, 80(3) and 82(3) EUTMIR.
The signature confirms that the requester has checked all details and wishes to sign and confirm the submission of the Notice of Appeal.
Once the four steps are completed, the user is directed to a payment page, with all payment options (credit card, transfer, current account). Users can save their work as a draft at any time in the process, and return to it later.
Once the Notice of Appeal is submitted, users are requested to download the confirmation copy, which contains the appeal number, and save it locally. The number of the exact Board which will deal with the appeal will be communicated to the appellant or representative at a later stage by the Registry of the Boards of Appeal.
The Office has prepared a number of resources for users on the new eAppeal form. A webinar on eAppeal was broadcast on 11th April; the recording is available to watch from the EUIPO website.
The EUIPO Academy’s series of Tuesday webinars continues in June with presentations on CP6 and DesignClass (6th June), Proof of use and EDB Walkthrough (13th June), Decisions of the Trimester of the Boards of Appeal and TMview (20th June) and Decisions of the Trimester of the General Court and CJEU (27th June). Find out more on the Academy website.
Issue 077
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