The revised EUIPO Boards of Appeal Rules of Procedure (BoA-RoP) entered into force on 1 July 2026.

The revisions include updates to existing provisions and the introduction of several new provisions for appeal proceedings concerning GIs for craft and industrial products (CIGIs).

New provisions for appeal proceedings concerning CIGIs

New provisions have been introduced for appeal proceedings concerning CIGIs.

These include provisions on the participation of Member States in GI appeal proceedings, consultation of the Advisory Board, the integration of the GIportal, exceptions to the requirement of mandatory professional representation for non-EEA parties in GI appeal proceedings, and language and notification rules for cross appeals involving Member States or their single points of contact.

Joint extension requests and joint suspension requests

As regards joint extension requests (Article 3(6) BoA-RoP) and joint suspension requests (Article 44(5) BoA-RoP), the practice of the BoA is now aligned with the Office’s first-instance practice.

For joint extension requests, the Registrar is empowered to grant more than only six months of extension. For joint suspension requests, the first suspension shall be granted by default for six months.

Any subsequent joint suspension request shall be granted for 18 months (or for the remaining period up to a maximum of two years per instance), regardless of the period requested by the parties, but with the possibility of opting out unilaterally.

Suspension due to mediation

In cases where a time limit was interrupted because of mediation, it shall continue as from the day on which the proceedings are resumed, in accordance with Article 170(5) EUTMR.

Remaining time limits do not restart when the appeal proceedings are resumed (Article 44(10) BoA-RoP).

Cases in which all earlier rights have ceased to exist

Article 42(1)(a) BoA-RoP has been deleted and new Article 42 bis BoA-RoP has been introduced.

According to this, in cases where all the earlier rights on which an opposition or an application for a declaration of invalidity is based have ceased to exist, the BoA shall (a) reject the opposition or the application for a declaration of invalidity as unfounded and (b) order the opponent or invalidity applicant to bear the costs of the appeal and the underlying proceedings pursuant to Article 109(1) EUTMR.

Order on costs

The BoA shall not issue an order on costs provided that (i) a joint statement by both parties is submitted to the BoA confirming the parties’ agreement on costs, or (ii) evidence of the parties’ agreement on costs is submitted by one party.

Where only a unilateral statement by a party is submitted alleging an agreement on costs, but without submitting evidence of this agreement, the Board shall issue an order on costs ex officio.

This means that if only one party alleges – without proof – that there is an agreement on costs, the BoA shall no longer (i) ask the other party to confirm the alleged agreement on costs or (ii) ask for proof of the alleged agreement.

More information

The amendments were adopted by the BoA Presidium on 10 June 2026, following a public consultation with stakeholders, including MARQUES.

Based on the feedback received from the User Associations, the BoA Presidium decided to maintain the separate document requirements in Articles 35(1), 36(1) and 38(1) BoA-RoP.

The revised Rules of Procedure are available on the EUIPO website. The revised Rules will be translated into all Office working languages.

This summary is based on information sent to MARQUES on behalf of the President of the Boards of Appeal.