text: Basic e-renewal fee (including 1 class): EUR 850 Second class: EUR 50 Remaining classes (150 EUR x 3): EUR 450

text: Total renewal fee: EUR 1 350

text: Additional classes (EUR 150 x 2): EUR 300 25 % surcharge of the belated fee: EUR 75

text: Total additional fees payable: EUR 375

identifier: Trade mark guidelines, Part E Register operations, Section 4 Renewal

sprak: en

title: Trade mark guidelines, Part E Register operations, Section 4 Renewal

version: Edition 2026

serie: varumarke

text: Part E Register operations Section 4 Renewal

type: rubrik

text: 1 Fraud Warning

text: 1.1 Private companies sending misleading invoices

text: The Office is aware that users are receiving an increasing amount of unsolicited mail from companies requesting payment for trade mark and design services such as renewal. A list of letters from firms or registers that users have complained are misleading is published on the Office website. These services are not connected with any official trade mark or design registration services provided by IP offices or other public bodies within the European Union such as the EUIPO. If a user receives a letter or invoice, he or she should carefully check what is being offered, and its source. It must be pointed out that the EUIPO never sends invoices to users or letters requesting direct payment for services (see the Guidelines, Part A, General Rules, Section 3, Payment of Fees, Costs and Charges).

type: stycke

text: 1.2 Renewal by unauthorised third persons

text: The Office is also aware that fraudsters have targeted the e-renewal module. If, upon filing a request for e-renewal, a user discovers that the mark is ‘blocked’, as renewal has already been requested, they should contact the Office.

text: 2 Terms of Registration of European Union Trade Marks

text: The term of registration of a European Union trade mark (EUTM) is 10 years from the filing date of the application. For example, an EUTM with a filing date of 16/04/2020 will expire on 16/04/2030. The filing date of the application is determined according to Articles 31 and 32 EUTMR and Article 41(5) and (8) EUTMR. A registration may be renewed indefinitely for further periods of 10 years.

text: 3 Terms of Protection of Registered European Union Designs

text: Articles 13, 46 and 55 EUDR The term of protection of a registered European Union design (EUD) is 5 years from the date of filing of the application (Article 13 EUDR). For example, an EUD with a filing date of 16/04/2020 will expire on 16/04/2025. The date of filing of the application is determined according to Article 46 EUDR and Article 55 EUDR (see the Guidelines for Examination of Registered European Union Designs, Examination of Applications for Registered European Union Designs, paragraph 3, Allocation of a Filing Date). A registration may be renewed for periods of 5 years each, up to a total of 25 years from the date of filing.

text: 4 Notification of Expiry of Registration

text: At least 6 months before the expiry of the registration, the Office will inform: the registered proprietor/holder of the EUTM/EUD, and

text: any person having a registered right in respect of the EUTM/EUD

text: that the registration is approaching expiry. Persons having a registered right include the holders of a registered licence, the proprietors of a registered right in rem, the creditors of a registered levy of execution or the authority competent to act on behalf of the proprietor/holder in insolvency procedures. Failure to give such information does not affect the expiry of the registration and does not involve the responsibility of the Office.

text: 5 Renewal of an EUTM Application

text: Annex I A(19) EUTMR

text: In the exceptional circumstance where an application has not yet matured to registration because of pending proceedings, the Office will not send the notice referred to in Article 53(2) EUTMR. The applicant is not obliged to renew its application during proceedings that last for more than 10 years and where the outcome of registration is uncertain. Only once the trade mark is registered will the Office invite the owner to renew the EUTM and pay the relevant renewal fees due. The owner will then have 4 months to pay the renewal fee (including any additional class fees). The surcharge for the renewal fee of 25 % pursuant to Annex I A(19) EUTMR does not apply. If the renewal fee is not paid within the time limit given, the Office will issue a notice that the registration has expired. The expiry will take effect from the date of registration of the EUTM.

text: 6 Renewal of an EUD application

text: Annex I (8) EUDR

text: In the exceptional circumstance where an application has not yet matured to registration because of pending proceedings, the Office will not send the notice referred to in Article 66(2) EUDR. The applicant is not obliged to renew its application during proceedings that last for more than 5 years and where the outcome of registration is uncertain. The Office will only invite the owner to renew the EUD and pay the renewal fee once the design has been registered. The owner will then have 4 months to pay the renewal fee. The surcharge for the renewal fee of 25 % pursuant to Annex I (8) EUDR does not apply. If the renewal fee is not paid within the time limit given, the Office will issue a notice that the registration has expired. The expiry will take effect from the date of registration of the EUD.

text: 7 Fees and other formal requirements for the request for renewal

text: Article 53 EUTMR Article 63 EUTMDR Article 66 EUDR Article 17 EUDDR Decision No EX-26-03 of the Executive Director of the Office of 1 July 2026 on communication by electronic means

text: The general rules concerning communications to the Office apply (see the Guidelines, Part A, General Rules, Section 1, Means of Communication, Time Limits), which means that the request may be submitted in the following ways: For both EUTMs and EUDs, by electronic means available on the EUIPO website

text: (e-renewal available via the User Area). For EUTMs, there is a reduction of EUR 150 on the basic renewal fee for an individual mark using e-renewal (EUR 300 for a collective mark). In addition, using e-renewal offers additional advantages such as the receipt of immediate electronic confirmation of the renewal request automatically or the use of the renewal manager feature to complete the form quickly for as many EUTMs/EUDs as needed. For EUTMs, by transmitting a signed original form by post or by courier. A standard

text: form is available on request to the Office. Following Decision EX-26-03 in cases where technical malfunction prevents e-renewal, renewals by one of the two alternative electronic back-up measures will be treated by the Office only when received within the last three working days before the expiry of: (i) the deadline for renewal or (ii) the extended deadline for renewal. A single application for renewal may be submitted for two or more EUTMs/EUDs (including EUDs that form part of the same multiple registration), upon payment of the required fees for each EUTM/EUD.

text: 7.1 Persons who may submit a request for renewal

text: The request for renewal may be submitted by:

text: 1. the registered proprietor/holder of the EUTM/EUD;

text: 2. where the EUTM/EUD has been transferred, the successor in title as from the point in time a request for registration of the transfer has been received by the Office;

text: 3. any person expressly authorised by the proprietor/holder of the EUTM/EUD to do so. Such a person may, for instance, be a registered licensee, a non-registered licensee or any other person who has obtained the authorisation of the proprietor/ holder to renew the EUTM/EUD. Professional representation is not mandatory for renewal. When the renewal request is submitted by a person other than the registered proprietor/holder or its representative on file, an authorisation will have to exist in its favour; however, it does not need to be filed with the Office unless the Office requests it. When a person other than the proprietor/holder or its representative on file sends a direct payment or submits a request for renewal with the indication that payment will be made by bank transfer, the proprietor/holder will be informed that the renewal will be processed once payment has been received. If no reply is received from the proprietor/ holder, or no objection is raised to the renewal, the Office will validate the payment once it reaches the Office and the renewal will be processed. If the Office receives fees from two different sources, neither of which is the proprietor/ holder or its representative on file, the proprietor/holder will be contacted in order to ascertain who is authorised to file the renewal request. Where no reply is received from the proprietor/holder, the Office will validate the payment that reached the Office first (12/05/2009,

text: , Jurado, EU:T:2009:153, § 33-35; 13/01/2008, R 989/2007-4, ELITE GLASS-SEAL, § 17-18).

text: 7.2 Content of the request for renewal

text: Article 66 EUDR

text: The request for renewal must contain the following: name of the person requesting renewal and the registration number of the EUTM/EUD to be renewed. In the case of an EUTM renewal, the extent of the renewal is deemed to cover the full specification by default. Payment alone can constitute a valid request for renewal, providing such payment reaches the Office and contains the name of the payer, the registration number of the EUTM/EUD and an indication that it is a request for renewal. In such circumstances, no further formalities need to be complied with (see the Guidelines, Part A, General Rules, Section 3, Payment of Fees, Costs and Charges). Where this option is relied on in EUTM renewals, the payment must be of the renewal fee laid out in Annex I A, paragraphs (11) or (15) EUTMR and not of the discounted fee for renewal by electronic means pursuant to Annex I A, paragraphs (12) or (16).

text: Consequently, payment alone cannot constitute a valid request for e-renewal. The discounted fee may only be relied on where a renewal application is submitted by electronic means, as such payment must be accompanied by a valid e-renewal application form.

text: 7.2.1 Name and other particulars of the person submitting a request for renewal

text: Article 2(1)(b) and (e) EUTMIR Article 66(4)(a) EUDR 7.2.1.1 Request filed by the proprietor/holder Where the request is filed by the EUTM/EUD proprietor/holder, its name must be indicated. 7.2.1.2 Request filed by a person authorised to do so by the proprietor/holder Where the request for renewal is filed by a person authorised by the proprietor/holder to do so, the name and address or the ID number and name of the authorised person in accordance with Article 2(1)(e) EUTMIR or Article 66(4)(a) EUDR must be indicated. If the selected payment method is bank transfer, a copy of the renewal request is sent to the proprietor/holder.

text: 7.2.2 Registration number

text: 7.2.3 Indication as to the extent of the renewal

text: Article 53(4) EUTMR Article 66(4)(c) EUDR For EUTMs, renewal is deemed to cover the entire specification of goods and/or services of the EUTM by default. Where renewal is requested for only some of the goods or services for which the mark is registered:

text: those classes or those goods and services for which renewal is requested must be

text: indicated in a clear and unequivocal way. Or, alternatively: those classes or those goods and services for which renewal is not requested must

text: be indicated in a clear and unequivocal way. The e-renewal platform only allows for deleting (i.e. not renewing) entire classes; it does not allow for the partial renewal of only some goods or services within a class (i.e. it does not allow the deletion of some of the goods or services listed in a specific class at the time of the renewal). Therefore, where renewal is required for only some goods or services within a class, the renewal application can either be submitted using any other means of communication accepted by the Office, or, the whole class can be renewed through e-renewal and a request for partial surrender can be submitted pursuant to Article 57 EUTMR for those goods or services that the proprietor wishes to remove from the EUTM. For EUDs, in the case of a multiple registration, an indication that renewal is requested for all the designs covered by the multiple registration or, if the renewal is not requested for all the designs, an indication of the file number for which it is requested. If nothing is indicated, the renewal is deemed to be for all the designs by default.

text: 7.3 Languages

text: Article 68 and Article 80(b) and (c) EUDIR

text: The request for renewal may be filed in any of the five languages of the Office. The chosen language becomes the language of the renewal proceedings. However, when the request for renewal is filed by using the form provided by the Office pursuant to Article 65(1)(g) EUTMDR or Article 68(1)(e) EUDIR, such a form may be used in any of the official languages of the European Union, provided that the form is completed in one of the languages of the Office, as far as textual elements are concerned. This concerns, in particular, the list of goods and services in the event of a partial renewal of an EUTM.

text: 7.4 Time limits

text: Articles 20 and 22 EUDDR

text: Communication No 3/2024 of the Executive Director of the Office of 11 December 2024

text: 7.4.1 Six-month period for renewal before expiry (basic period)

text: The request for renewal and the renewal fee must be submitted in the 6‑month period prior to the expiry of the registration (‘the basic period’). For example, where the EUTM has a filing date of 10/06/2021, the day on which protection ends will be 10/06/2031. Therefore, a request for renewal must be introduced and the renewal fee paid as from 11/12/2030 until 10/06/2031 or, where this is a Saturday, Sunday or other day on which the Office is closed, or does not receive ordinary mail within the meaning of Article 69(1) EUTMDR, the first following working day on which the Office is open to the public and does receive ordinary mail. For example, where the EUD has a filing date of 10/06/2021, the day on which protection ends will be 10/06/2026. Therefore, a request for renewal must be introduced and the renewal fee paid as from 11/12/2025 until 10/06/2026 or, where the latter date is a Saturday, Sunday or other day on which the Office is not open within the meaning of Article 22 EUDDR, the first following working day on which the Office is open to the public.

text: 7.4.2 Six-month period following expiry (grace period)

text: Where the EUTM/EUD is not renewed within the basic period, the request may still be submitted and the renewal fee may still be paid, upon payment of an additional fee (see paragraph 7.5), within a further period of 6 months (‘the grace period’). For example, where the EUTM has a filing date of 10/06/2021, the day on which protection ends will be 10/06/2031. Therefore, the grace period during which a request for renewal may still be introduced upon payment of the renewal fee plus the additional fee is counted from the day after 10/06/2031, namely from 11/06/2031, and ends on 10/12/2031 or, if 10/12/2031 is a Saturday, Sunday or other day on which the Office is closed, or does not receive ordinary mail within the meaning of Article 69(1) EUTMDR, the first following working day on which the Office is open to the public and receives ordinary mail. This also applies if in the above example 11/06/2031 was a Saturday or Sunday; the rule that a time limit to be observed vis-à-vis the Office is extended until

text: the next working day applies only once and to the end of the basic period, and not to the starting date of the grace period. The same approach applies to EUD renewals albeit that the period of protection is 5 years and not 10. During the 6-month grace period, the only action that may be carried out in an EUTM or EUD is the payment of the renewal fee (including the payment of the additional fee for late payment). In the event the Office receives any other request during the grace period, such as a transfer, registration of a licence, surrender, change of name, etc. or any other request for entry into the Registers, the Office will put the request on hold until the renewal fee is paid. Only once the renewal fee is paid in full, and the EUTM or EUD is officially renewed, will the Office examine any requests that had been placed on hold.

text: 7.4.3 Transitional arrangements for calculating the basic and grace periods for EUDs

text: The EUDR changed the calculation of the renewal periods for EUDs, which is now aligned with those for EUTMs. Now, the basic period for renewal of EUDs ends on the date of expiry of the registration (previously the last day of the month in which expiry occurred). The 6-month grace period for renewal, therefore, starts on the day after the expiry of the registration. The practice of the Office reflecting the transitional arrangements is laid down in Communication No 3/2024 of the Executive Director of the Office of 11 December 2024 concerning the calculation of the Registered Community Design renewal fees and the basic and grace period for renewal in view of the entry into force of the

text: Regulation (EU) 2024/2822

text: of the European Parliament and of the Council of 23 October 2024 amending

text: Council Regulation (EC) No 6/2002

text: on Community designs and repealing

text: Commission Regulation (EC) No 2246/2002

text: . This practice is that where the basic 6-month period for renewal started to run before the applicability date of the EUDR, the provisions contained in the former

text: Article 13(3)

text: EUDR (before amendment) will apply for calculating both the basic period and, where applicable, the grace period. For example, where the EUD has a filing date of 15/03/2020, the basic renewal period will run up to and include the last day of the month in which protection ends, namely 31/03/2025. Therefore, a request for renewal must be introduced and the renewal fee paid between 01/10/2024 and 31/03/2025 (both dates inclusive). The grace period would then run from 01/04/2025 up to and including 30/09/2025. Where the basic 6-month period for renewal starts to run on or after the applicability date of the EUDR, the provisions contained in

text: Article 66

text: EUDR will apply for calculating both the basic period and, where applicable, the grace period. For example, where the EUD has a filing date of 24/11/2020, it will expire on 24/11/2025. The basic period for renewal will run from 25/05/2025 up to and including 24/11/2025 (date of expiry). The grace period would then run from 25/11/2025 up to and including 24/05/2026.

text: 7.5 Fees

text: As regards the calculation of the amount of the renewal fees, the due date for the renewal fees is the date of expiry of the registration (

text: Article 53(3)

text: EUTMR and

text: Article 66(3)

text: EUDR). This principle applies regardless of the moment at which renewal is actually requested and paid for, with the exception of the transitional arrangements for EUD renewals (see paragraph 7.5.3).

text: 7.5.1 Fees payable for EUTMs

text: Article 53(3)

text: and Annex I A(11), (12), (13), (14), (15), (16), (17), (18) and (19) EUTMR Communication No 2/16 of the President of the Office of 20/01/2016

text: The fees payable for the renewal of an EUTM consist of: a basic fee that covers the first class of goods/services;

text: one or more class fees for each class of goods/services exceeding the first one;

text: any additional fee applicable for late payment of the renewal fee or late submission

text: of the request for renewal. The amount of the renewal fee is as follows. Basic fee (by e-renewal): for an individual mark: EUR 850, and

text: for a collective or certification mark: EUR 1 500.

text: Basic fee (other than by e-renewal): for an individual mark: EUR 1 000, and

text: for a collective or certification mark: EUR 1 800.

text: Class fees: for the second class: EUR 50,

text: for each class exceeding two: EUR 150.

text: The fee must be submitted in the 6-month period prior to the expiry of the registration (see paragraph 7.4 above). The additional fee for late payment or late submission is: 25% of the belated renewal fee, subject to a maximum of EUR 1 500.

text: 7.5.2 Fees payable for EUDs

text: The fees payable for the renewal of an EUD consist of:

text: a renewal fee;

text: of the request for renewal. The amount of the renewal fee, per design, whether or not included in a multiple registration, is as follows: for the first renewal: EUR 150;

text: for the second renewal: EUR 250;

text: for the third renewal: EUR 400;

text: for the fourth renewal: EUR 700.

text: The fee must be paid within a period of 6 months prior to the expiry of the registration (see paragraph 7.4 above). The additional fee for late payment or late submission is: 25% of the renewal fee.

text: 7.5.3 Transitional arrangements for calculating the amount of EUD renewal fees

text: The practice of the Office laid down in Communication No 3/2024 is that the fees applied to each renewal will depend on the DATE OF REQUEST of the renewal. For example: if the request for renewal is received on or after the applicability date of the legal

text: reform, the fees set out in Annex I of the EUDR will apply, regardless of the payment method and whether it is debit now or debit later; if a renewal request is received before the applicability date of the legal reform, the

text: fees set out in the Annex to the CDFR will apply. Holders are encouraged to check whether a renewal before or after the applicability is more beneficial to them and act accordingly.

text: 7.5.4 Time limit for payment

text: Articles

text: and

text: and Annex I A(19) EUTMR

text: Article 66(3)

text: EUDR and Annex I (6) and (8) EUDR

text: Article 8

text: (c) and (h) of Decision No EX-25-06 of the Executive Director of the Office of 07/04/2025.

text: The fee must be paid within a basic period of 6 months (for calculation of the period, see paragraphs 7.4.1 and 7.4.3 above). The fee may be paid within a further grace period of 6 months (see paragraph 7.4.2 and 7.4.3 above), provided that an additional fee for late payment is paid, which amounts to 25 % of the total renewal fee, including any class fees.

text: Renewal will be effected only if payment of all fees reaches the Office within the grace period, this includes all renewal fees, additional fees for payment within the grace period, and surcharges for late payment by bank transfer (see Part A, Section 3, Payment of Fees, Costs and Charges, paragraph 4.1.1) where applicable. Fees that are paid before the start of the basic period of 6 months will not, in principle, be taken into consideration and will be refunded.

text: 7.5.5 Payment by third parties

text: Article 5 of Decision No EX-25-06 of the Executive Director of the Office of 07/04/2025.

text: Payment may also be made by the other persons identified in paragraph 7.1 above. Payment by debiting a current account held by a third party requires an explicit authorisation of the holder of the current account that the account can be debited for the benefit of the particular fee. In such cases, the Office will check if there is an authorisation. If there is no authorisation, a letter will be sent to the renewal applicant asking them to submit the authorisation to debit the account held by a third party. In such cases, payment is considered to be effected on the date the Office receives the authorisation.

text: 7.5.6 Fee refund

text: Renewal fees and, where applicable, the additional fee for late payment may be refunded under certain circumstances. For more information, please see the Guidelines, Part A, General rules, Section 3, Payment of fees, costs and charges.

text: 8 Procedure Before the Office

text: 8.1 Examination of formal requirements

text: The examination of the request for renewal is limited to formalities and relates to the following points.

text: 8.1.1 Observation of time limits

text: 8.1.1.1 Payment during the basic period or the grace period

text: Where the request for renewal is filed and the renewal fee is paid within the basic period, the Office will record the renewal, provided that the other conditions laid down in the EUTM or EUD Regulations are fulfilled (see paragraph 8.1.2). Where no request for renewal has been filed, but the payment of a renewal fee reaches the Office that contains the minimum identification elements (see paragraph 7.2), this constitutes a valid request and no further formalities need be complied with. This is pursuant to

text: Article 53(4)

text: EUTMR, last sentence and

text: Article 66(4)

text: EUDR, last sentence. Where this option is relied on in EUTM renewals, the payment must be of the renewal fee laid out in Annex I A, paragraphs (11) or (15) EUTMR and not of the discounted fee for renewal by electronic means pursuant to Annex I A, paragraphs (12) or (16). Consequently, as payment alone cannot constitute a valid request for e-renewal, the fee discount may only be relied on where a renewal application is submitted by electronic means. The requester will either have to submit a valid e-renewal application form, or pay the difference in the basic fee, in all cases before the expiry of the renewal period. Furthermore, if this is carried out during the grace period, the additional fee for late payment will also be due. Where no request for renewal has been filed but a renewal fee has been paid that does not contain the minimum identification elements, the Office will invite the person requesting renewal to provide the missing indications. A letter will be sent out as early as is reasonably possible after receipt of the fee, so as to enable the request to be filed before the additional fee becomes due. Where a request for renewal has been submitted but the renewal fee has not been paid in full, the Office will, where possible, remind the person requesting renewal to pay the remaining part thereof within the basic renewal period and the additional fee for late payment if within the grace period. The lack of payment is not a remediable deficiency that the Office will set the party a time limit to remedy. In the case of incomplete payment of an EUTM renewal fee, the proprietor may, instead of paying the missing amount, restrict its request for renewal to the corresponding number of classes. In the case of incomplete payment of an EUD renewal fee, the holder may, instead of paying the missing amount, restrict its request for renewal to the corresponding number of multiple designs.

text: 8.1.1.2 Insufficient payments and payment after the expiry of the grace period

text: Where a request for renewal has not been submitted or is submitted only after the expiry of the grace period, or the fees have not been paid, the Office will determine that the registration has expired and will issue a notification on loss of rights to the proprietor/holder. Where the fees received in the grace period are not paid in full (i.e. the fee received amounts to less than the required basic fee and the additional fee for late payment) or are received only after expiry of the grace period, the Office will determine that the registration has expired and will issue a notification on loss of rights to the proprietor/ holder. For EUTMs, where the insufficient fee received in the grace period covers the basic fee and the additional fee for late payment, but not all class fees, the Office will only renew the registration for some classes. The determination of which classes of goods and services are to be renewed will be made according to the following criteria: Where the request for renewal is expressly limited to particular classes, only those

text: classes will be renewed. Where it is otherwise clear from the request which class or classes are to be

text: covered by the request, that class or those classes will be renewed. The Office may contact the proprietor to ask for the class preferences in the event of

text: partial payment. In the absence of other criteria, the Office will take the classes into account in the

text: numerical order of classification, beginning with the class having the lowest number. Where not all class fees are paid and the Office determines that the registration has expired for some of the classes of goods or services, it will issue the renewal confirmation to the proprietor, as well as a notification of loss of rights for those classes of goods or services to the proprietor. If the person concerned considers that the finding of the Office is inaccurate, he or she may, within 2 months of the notification of the loss of rights, apply for a decision on the matter. For EUDs, where the fee paid covers the basic fee and the fee for late payment, but the fees paid are insufficient to cover all designs identified in the renewal application, the Office will only renew the registration for some designs. In the absence of an indication of the designs to be renewed, or of any other criteria for determining which designs are intended to be covered, the Office will determine the designs to be renewed by taking them in numerical order.

text: 8.1.1.3 Situation where the requester holds a current account

text: The Office will not debit a current account unless there is an express request for renewal. It will debit the account of the person requesting renewal. Where the renewal applicant has a current account at the Office, the renewal fee will only be debited once a request for renewal has been filed and the renewal fee (including any class fees) will be debited on the day of receipt of the request, unless other instructions are given. In the event the request for renewal is filed during the 6-month grace period, the renewal fee and the additional fee for late payment will both be debited from the current account. For payment by third parties, see paragraph 7.5.4 above.

text: 8.1.2 Compliance with formal requirements

text: 8.1.2.1 Renewal requested by an authorised person

text: Where a renewal request is filed on behalf of the proprietor/holder, there is no need to file an authorisation. However, such an authorisation should exist in favour of the person filing the request should the Office request it.

text: 8.1.2.2 Further requirements

text: Where the request for renewal does not comply with other formal requirements, namely where the name and address of the person requesting renewal has not been sufficiently indicated, where the registration number has not been indicated, where it has not been properly signed or, for EUTMs, if partial renewal was requested but the goods and services to be renewed have not been properly indicated, the Office will inform the person requesting renewal of the deficiencies found. The Office will consider the request to be made for the renewal for all goods and services or all the designs covered by the multiple registration, unless partial renewal is expressly requested. In the event of a partial renewal, please refer to paragraph 7.2.3 above. If the request for renewal is filed by a person authorised by the proprietor/holder (see paragraph 7.1(c) above), the proprietor/holder will receive a copy of the deficiency notification.

text: Where these deficiencies are not remedied before the expiry of the relevant time limit, the Office will proceed as follows. If the deficiency consists of failing to indicate the goods and services of the EUTM

text: to be renewed, the Office will renew the registration for all the classes for which the fees have been paid, and if the fees paid do not cover all the classes of the EUTM registration, the determination of which classes are to be renewed will be made according to the criteria set out in paragraph 8.1.1.2 above. The Office will issue, at the end of the grace period, a notification of loss of rights for those classes of goods or services the Office deems expired to the proprietor. If the deficiency consists of the proprietor’s/holder’s failure to respond to a request

text: for clarification of who the authorised person is, the Office will accept the request for renewal filed by the authorised representative on file. If neither of the requests for renewal has been filed by an authorised representative on file, the Office will accept the renewal request that was first received by the Office. If the deficiency lies in the fact that there is no indication of the designs to be

text: renewed, and the fees paid are insufficient to cover all the designs for a multiple application for which renewal is requested, the determination of which designs are to be renewed will be made according to the criteria set out in paragraph 8.1.1.2 above. The Office will determine that the registration has expired for all designs for which the renewal fees have not been paid in part or in full. In the case of the other deficiencies, it will determine that the registration has

text: expired and will issue a notification of loss of rights to the proprietor/holder and, where applicable, the person requesting renewal. The person concerned may apply for a decision on the matter under

text: Article 99

text: EUTMR or

text: Article 87

text: EUDR within 2 months.

text: 8.2 Items not to be examined

text: No examination will be carried out on renewal for the registrability of the mark or design, nor will any examination be carried out as to whether the EUTM has been put to genuine use. No examination will be carried out by the Office on renewal as to the correct classification of the EUTM, nor will a registration be reclassified that has been registered in accordance with an edition of the Nice Classification that is no longer in force at the point in time of renewal. All of this is without prejudice to the application of

text: Article 57

text: EUTMR. The Office will not examine the product classification of the EUD nor will an EUD be reclassified that was registered in accordance with an edition of the Locarno

text: Classification no longer in force at the time of renewal. Such reclassification will not even be available at the holder’s request.

text: 9 Partial Renewals of EUTMs

text: Article 53(4)

text: (c) and

text: Article 53(8)

text: EUTMR Annex I A(19) EUTMR An EUTM may be renewed in part for some of the goods and/or services for which it has been registered. A partial renewal is not a partial surrender for those goods and/or services for which the EUTM has not been renewed. An EUTM may be partially renewed several times during the initial basic renewal period of 6 months or during the 6-month grace period. See to this extent 22/06/2016,

text: P, CVTC, EU:C:2016:465. For each partial renewal, the full amount of the corresponding fee has to be paid, and in the event a partial renewal request is submitted within the grace period, the additional fee for the late payment of the renewal fee must also be paid, namely 25 % of the belated renewal fee (subject to a maximum of EUR 1 500). For example: An EUTM registration has 10 classes. If within the basic period the Office receives an e-renewal request for 5 classes (out of the 10) the fees payable would be:

text: If, within the grace period, the Office receives a new renewal request for two more classes of the registration, the fees payable would be:

text: Total additional fees payable: EUR 375. Using the same example, at the end of the grace period the Office would issue a notification to the proprietor of loss of rights for the remaining three classes of goods or services which were not renewed, for which registration is deemed expired.

text: 10 Entries in the Register

text: Article 66(6)

text: and

text: Article 104(3)

text: (n) and

text: Article 104(6)

text: EUDR Where the request for renewal complies with all the requirements, the renewal will be registered. The Office will notify the proprietor/holder of the renewal of the EUTM/EUD, of its entry in the Register, and the date from which renewal takes place. Where the renewal applicant is a person other than the registered proprietor/holder or its representative on file, they will also be informed of the renewal. Where renewal has taken place only for some of the goods and services contained in the registration, the Office will notify the proprietor of the goods and services for which the registration has been renewed and the entry of the renewal in the Register and of the date from which renewal takes effect (see paragraph 11 below). After the expiry of the grace period, the Office will notify the proprietor of expiry of the registration for the remaining goods and services and of their removal from the Register. Where only some of the designs contained in a multiple application have been renewed, the Office will notify the holder of the designs for which the registration has been renewed, of the entry of the renewal in the Register and of the date from which renewal takes effect (see paragraph 11 below). After the expiry of the grace period, the Office will notify the holder of expiry of the registration for the remaining designs and of their removal from the Register.

text: Where the Office has made a determination pursuant to

text: Article 53(8)

text: EUTMR or

text: Article 66(8)

text: EUDR that the registration has expired, the Office will cancel the mark/ design in the Register and notify the proprietor/holder accordingly. The proprietor/ holder may apply for a decision on the matter under

text: Article 99

text: EUTMR or

text: Article 87

text: EUDR within 2 months.

text: 11 Date of Effect of Renewal or Expiry, Conversion

text: 11.1 Date of effect of renewal

text: Article 13

text: and

text: Article 66(6)

text: EUDR Renewal will take effect from the day following the date on which the existing registration expires. For example: Where the filing date of the EUTM registration is 01/04/2010, the registration

text: will expire on 01/04/2020. Therefore, renewal takes effect from the day following 01/04/2020, namely 02/04/2020. Its new term of registration is 10 years from this date, which will end on 01/04/2030. Where the filing date of the EUD is 01/04/2015, the registration will expire on

text: 01/04/2020. Therefore, renewal takes effect from the day following 01/04/2020, namely 02/04/2020. Its new term of registration is five years from this date, which will end on 01/04/2025. It is immaterial whether any of these days is a Saturday, Sunday or an official holiday. Even in cases where the renewal fee is paid within the grace period, the renewal takes effect from the day following the date on which the existing registration expires. Where the EUTM or EUD has expired and is removed from the Register, the cancellation will take effect from the day following the date on which the existing registration expired. Using the same two examples listed above, the removal from the Register would take effect on 02/04/2020 (for the EUTM) and 02/04/2020 (for the EUD).

text: 11.2 Conversion of lapsed EUTMs

text: Where the owner wants to convert its lapsed EUTM into a national mark, the request must be filed within 3 months from the day following the last day of the 6-month grace period. The time limit of 3 months for requesting conversion starts automatically without notification (see the Guidelines, Part E, Register Operations, Section 2, Conversion).

text: 12 Renewal of International Marks Designating the EU

text: The procedure for renewal of international marks is managed entirely by the International Bureau. The Office will not deal with renewal requests or payment of renewal fees. The International Bureau will send notice for renewal, receive the renewal fees and record the renewal in the International Register. The effective date of the renewal is the same for all designations contained in the international registration, irrespective of the date on which such designations were recorded in the International Register. Where an international registration designating the EU is renewed, the Office will be notified by the International Bureau. If the international registration is not renewed for the designation of the EU, it can be converted into national marks or into subsequent designations of Member States under the Madrid Protocol. The 3-month time limit for requesting conversion starts on the day following the last day on which renewal may still be effected before WIPO pursuant to Article 7(4) of the Madrid Protocol (see the Guidelines, Part E, Register Operations, Section 2, Conversion).

text: 13 Renewal of International Design Registrations Designating the EU

text: Article

text: and

text: EUDR

text: International registrations must be renewed directly at the International Bureau of WIPO in compliance with Article 17 of the Geneva Act. The Office will not deal with renewal requests or payments of renewal fees in respect of international registrations. The procedure for the renewal of international design registrations is managed entirely by the International Bureau, which sends out the notice for renewal, receives the renewal fees and records the renewal in the International Register. When international registrations designating the EU are renewed, the International Bureau also notifies the Office.


identifier: Trade mark guidelines, Part E Register operations, Section 5 Inspection of the Registers and files

title: Trade mark guidelines, Part E Register operations, Section 5 Inspection of the Registers and files

text: Part E Register operations Section 5 Inspection of the Registers and files

text: 1 General Principles

text: Article 111(1) and (5), Article 114, Article 117(1) and (2) and Annex 1 A(30) EUTMR Articles 20 and 21 EUTMIR Articles 104, 109, 110, 111 and 113 EUDR Articles 13 and 14 EUDIR Decision No EX-25-4 on the keeping of files and the inspection of files Decision No EX-26-07 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office, and on the case-law database

text: The principle established under the European Union trade mark and design system is that: the ‘Register of European Union trade marks’ and the ‘Register of European Union

text: designs’ are the official record of all entries made in relation to European Union trade marks (EUTM) or registered European Union designs (EUD) where these entries are required by the EUTMR, the EUDR or acts adopted pursuant to them; and the ‘files’ contain all the documents or items of evidence submitted by the parties

text: to the Office in all proceedings provided for by the EUTMR or EUDR, and all the correspondence and decisions issued by the Office relating to those proceedings. Both the Registers and the files of the Office are, in principle, open to inspection by the public. However, before publication of an EUTM application, or an EUD or when an EUD is subject to deferred publication, inspection of files is possible only in exceptional cases (see paragraphs 4.2.1 and 4.2.2). Inspection of the files may involve: inspection of the Registers;

text: obtaining certified or uncertified extracts of the Registers;

text: inspection of the content of the file(s);

text: the communication of information contained in the files, implying communication

text: of specific information contained in the files without supplying the actual file document(s); obtaining certified or uncertified copies of documents contained in the files.

text: In these Guidelines, the term ‘inspection of the files’ is used to cover all of the abovementioned forms of inspection of files, unless otherwise stated.

text: 2 The Registers of EUTMs and European Union designs

text: Article 111(1) and (5) EUTMR Article 104 and 105 EUDR Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU Designs, the database of proceedings before the Office, and on the case-law database.

text: All entries made in the Registers are made into an electronic archive (the 'eRegister'). The eRegister provides one accessible electronic repository of all entries in the Register for a specific EUTM or EUD. The eRegister can be accessed through the eSearch plus tool available on the Office website. On finding an EUTM or EUD in eSearch Plus, the user is presented with the option of viewing the eRegister repository for this right in a separate interface. The eRegister is also accessible through the Office's TMview and DesignView tools. The particulars that are recorded in the eRegisters are specified in Annexes I and II of Decision EX-26-07 of the Executive Director of the Office on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office and on the case-law database. Where data contained in the eRegisters is not yet publicly accessible, such data may be accessed by submitting a request for information or by obtaining certified or uncertified extracts or copies of the file documents (see paragraph 5.2).

text: 3 Inspection of the Registers

text: 3.1 The Register of EUTMs

text: Article 111(2), (3) and (4) EUTMR Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office and on the case-law database and its Annex I.

text: The Register of EUTMs contains the information specified in Article 111(2) and (3) EUTMR and any other items determined by the Executive Director of the Office pursuant to Article 111(4) EUTMR. The entries in the Register for each EUTM will become available in the eRegister once the EUTM application is considered to have been filed pursuant to Article 32 EUTMR.

text: The content of each entry in the Register as set out in Article 111 EUTMR is listed in Annex I to Decision EX-26-07.

text: 3.2 The Register of EU designs

text: Articles 62, 104 and Article 109(5) EUDR Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office and on the case-law database and its Annex II.

text: The Register of EU designs contains the information specified in Article 104(2) and (3) EUDR and any other items determined by the Executive Director of the Office pursuant to Article 104(4) EUDR. The entries in the Register for each EUD will become available in the eRegister once the EUD is registered pursuant to Article 59 EUDR. In accordance with Article 109(5) EUDR, where the EUDs are subject to a deferment of publication pursuant to Article 62(1) EUDR, access to the Register to persons other than the holder shall be limited to the name of the holder, the name of any representative, the date of filing and registration, the file number of the application and the mention that publication is deferred. The content of each entry in the Register as set out in Article 104 EUDR is listed in Annex II to Decision EX-26-07.

text: 4 Inspection of Files

text: 4.1 Persons/Entities authorised to request access to the files

text: The rules and degree of access to the files vary according to who requests inspection. The Regulations differentiate between the following three categories: the applicant/proprietor of the EUTM or EUD;

text: third parties;

text: courts or authorities of the Member States.

text: Inspection of the files by courts or authorities of the Member States is covered by the system of administrative cooperation with the Office (see paragraph 7 below).

text: 4.2 Documents that constitute the files

text: Article 114 and 115 EUTMR

text: Article 109 and 112 EUDR

text: Decision No EX-25-4 of the Executive Director of the Office on the keeping of files and the inspection of files

text: The files relating to an EUTM or EUD consist of all the documents and items of evidence submitted by the parties to the Office in all the proceedings under the EUTMR or EUDR, as well as all the correspondence and decisions issued by the Office relating to those proceedings. Documents relating to opposition, cancellation, invalidity and appeal proceedings before the Office or other proceedings, such as recordals (transfer, licence, etc.), also form part of the files. Inspection of the respective files remains possible even where an EUTM or EUD application is deemed not filed, rejected, withdrawn or considered to have been withdrawn, or an EUTM or EUD registration expires or is surrendered, declared invalid or revoked. Where an applicant or proprietor requests access to their own file, they will have access to all documents that form part of the file, except for those documents referred to in Article 114(4) EUTMR and Article 109(4)(a) and (b) EUDR. Where the files are kept in electronic format, the electronic files, or back-up copies thereof, will be kept indefinitely. The Office may dispose of original documents submitted by the parties, which have been scanned or uploaded to form the basis of the electronic files, five years after their receipt by the Office. Where files or part of files are not kept electronically (e.g. articles or physical items of evidence that cannot be converted to electronic format due to their physical form or volume), the Office will keep the relevant articles or items of evidence for at least five years from the end of the year in which: the EUTM/EUD application is rejected or withdrawn;

text: the EUTM/EUD registration expires definitively;

text: the surrender of the registered EUTM or EUD is entered in the Register; or

text: the registered EUTM or EUD is removed from the Register.

text: 4.2.1 The files relating to EUTM applications

text: Article 7 EUTMIR

text: The files relating to EUTM applications are available for inspection once the application has been published by the Office in the EUTM Bulletin. The day of publication is the date of issue shown in the EUTM Bulletin and is reflected under the INID code 442 in the Register. The dissemination of data relating to unpublished EUTM applications by means of online access or otherwise does not constitute publication of the application within the meaning of Article 44 EUTMR and Article 7 EUTMIR. Before the publication of the application, inspection of the files is only possible when one of the following conditions is fulfilled: the applicant for inspection is the EUTM applicant; or

text: the EUTM applicant has consented to inspection of the file relating to the EUTM

text: application (see paragraph 5.5.1); or the applicant for inspection has established a legitimate interest in the inspection

text: of the EUTM application, in particular where the EUTM applicant has stated that it will invoke the rights under the EUTM, once registered, against the applicant for inspection (see paragraph 5.5.2).

text: 4.2.2 The files relating to EUD applications and EUDs subject to deferment of publication

text: The files relating to EUD applications, or an EUD subject to deferment of publication, including those that have been surrendered, are only available for inspection if one of the following conditions is fulfilled: the applicant for inspection is the EUD applicant/holder; or

text: the applicant for the EUD has consented to inspection of the file relating to the EUD

text: of the EUD application, in particular where the EUD applicant has stated that it will invoke the rights under the EUD, once registered, against the applicant for inspection (see paragraph 5.5.2). In the case of an application for multiple EUDs, this inspection restriction will only apply to information relating to the EUDs subject to deferment of publication, or to those that are not eventually registered, either due to rejection by the Office or withdrawal by the applicant.

text: 4.2.3 The files relating to registered EUTMs

text: The files relating to EUTMs after registration are available for inspection.

text: 4.2.4 The files relating to EUDs

text: The files relating to EUDs are available for inspection once the registration has been published by the Office in the European Union Designs Bulletin. The day of publication is the date of issue shown in the European Union Designs Bulletin and is reflected under the INID code 45 in the Register. For inspection of the files relating to an EUD that is subject to deferment of publication, please see paragraph 4.2.2., above.

text: 4.2.5 The files relating to international registrations designating the European Union

text: Articles 105 and 155 EUDR

text: The files kept by the Office relating to international trade mark registrations designating the EU may be inspected on request as from the date of publication referred to in Articles 114(8) and 190(1) EUTMR. The same rules apply as for the inspection of EUTMs. For international registrations of designs designating the EU the Office provides information in the form of an electronic link to the searchable database maintained by the International Bureau (http://www.wipo.int/designdb/hague/en/). The files kept by the Office may relate to the refusal of the international design pursuant to Article 156 EUDR and the invalidation of the international design pursuant to Article 157 EUDR. They may be inspected subject to the restrictions pursuant to Article 109 EUDR (see paragraph 4.3) and subject to the same limitations as explained in paragraphs 4.2.2 and 4.2.4.

text: 4.3 Parts of the file excluded from inspection

text: 4.3.1 Excluded documents

text: Article 109 EUDR

text: Certain documents contained in the files are excluded from inspection of files, namely:

text: documents relating to the exclusion of or objection to Office staff, for example, on

text: the grounds of suspicion of partiality (see paragraph 4.3.2); draft decisions and opinions and all other internal documents used for preparing

text: decisions and opinions (see paragraph 4.3.3); parts of the file for which the party concerned expressed a special interest in

text: keeping confidential (see paragraph 4.3.4); all correspondence relating to mediation, where the parties make use of the

text: mediation services offered by the Office in accordance with Decision No EX-25-09 of the Executive Director of the Office on the administration of mediation processes (‘Rules on Mediation ); the files relating to requests for entry on the Office’s list of professional

text: representatives or the designs list, including all decisions made in this regard. These files are not open to public inspection because the files do not relate to EUTM or EUD proceedings as such (see the Guidelines, Part A, General rules, Section 5, Parties to the proceedings and professional representation, paragraph 4.3.5); In principle, documents of a personal nature such as passports or other identification documents, which are submitted in particular as evidence in relation to requests for transfer, evidence of ‘health data’, which is submitted in particular as evidence in relation to restitutio in integrum or as supporting evidence for extension requests, and bank account extracts, which may, for example, be attached to applications and requests as evidence of fee payment, because of their inherent personal nature. These documents are not open to public inspection because confidentiality vis-à-vis any third parties is justified, and, in principle, overrides any third-party interest.

text: 4.3.2 Documents relating to exclusion or objection

text: Documents in which an examiner states that they consider themselves excluded from participating in the case and documents in which such a person makes observations regarding an objection by a party to the proceedings on the basis of a ground for exclusion or suspicion of partiality are excluded from inspection. However, the following documents form part of the file and are not excluded from inspection: letters in which a party to the proceedings raises an objection based on a ground

text: for exclusion or suspicion of partiality, either separately or together with other statements, to any decision on the action to be taken in the cases mentioned above; the decision taken by the competent instance of the Office.

text: 4.3.3 Draft decisions and opinions and internal documents

text: Documents used for preparing decisions and opinions, such as reports and notes drafted by an examiner that contain considerations or suggestions for dealing with or deciding on a case, or annotations containing specific or general instructions on dealing with certain cases are excluded from inspection. Documents that contain a communication, notice or final decision by the Office in relation to a particular case are not excluded. Any document to be notified to a party to the proceedings will take the form of either the original document or a copy thereof, certified by or bearing the seal of the Office, or a computer printout bearing that seal. The original communication, notice or decision or copy thereof will remain in the file.

text: 4.3.4 Parts of the file for which the party concerned expressed a special interest in keeping confidential

text: The documents that constitute the files are open to public inspection (see paragraph 4.2). The onus is on the party making the submission to ensure that sensitive data is blacked out, or certain pages omitted altogether, before submitting them to the Office. Where this is not possible, the party concerned may express a special interest in keeping parts of the file confidential. Parts of the file for which the party concerned expressed a special interest in keeping confidential before the application for inspection of files was made are excluded from inspection of files, unless their inspection is justified by an overriding legitimate interest of the party seeking inspection.

text: Invoking confidentiality

text: Keeping all or part of a document confidential may be requested on its submission or at a later stage, as long as there is no pending request for an inspection of files. During inspection of files proceedings, confidentiality may not be requested. Requests for confidentiality can only be filed in relation to documents that have been filed by the party concerned (and not, for example, documents filed by the other party in inter partes proceedings). In inter partes proceedings, where the party concerned (the opponent or applicant for revocation or declaration of invalidity) has shown a special interest in keeping their documents confidential vis-à-vis third parties, they will be informed that their documents cannot be kept confidential with respect to the other party to the

text: proceedings. They will be invited to either disclose the documents or withdraw them from the proceedings. If they choose to withdraw their documents, they will not be sent to the other party and will not be taken into account by the Office in its decision. If, on the other hand, they want the documents to be taken into account but to remain confidential for third parties, the documents can be forwarded by the Office to the other party to the proceedings, but they will not be available for inspection by third parties (for opposition proceedings, see the Guidelines, Part C, Opposition, Section 1, Opposition Proceedings, paragraph 4.4.4). Expressing a special interest The party concerned must have expressly invoked, and sufficiently justified, a special interest in keeping the document confidential (see 08/11/2018, R 722/2018‑5, nume (fig.) / Numederm, § 16). The special interest must be due to the confidential nature of the document or its status as a trade or business secret. This may be the case, for example, where the applicant has submitted documentation as evidence in respect of a request for registration of a transfer or licence. The Office must check whether that special interest is sufficiently demonstrated. Where the Office concludes that the special interests claimed do not justify the confidentiality of the document, prior to lifting the confidentiality it will communicate this to the person who filed the documents. In reply, the applicant may resubmit the evidence in a manner that does not disclose any information they consider confidential. For example, where contracts or other documents are submitted as evidence for a transfer or licence, certain information may be blacked out before being submitted to the Office, or certain pages may be omitted altogether. Confidentiality invoked with no attempt to claim any special interest Where a claim for confidentiality has been submitted by the party by use of a standard ‘confidential’ stamp on the cover page of the submission, or by ticking the ‘confidential’ tick-box when using the electronic communication platform, but the documents enclosed contain no indication of any special interest nor any attempt on behalf of the party to justify the confidential nature of the submission, the Office will not consider those documents to be confidential unless they are clearly of a personal nature and not open to public inspection (see paragraph 4.3.1). The Office will not inform the requesting party. The party can still, at any time before the receipt of a request for inspection of files, invoke and justify a special interest in keeping the document confidential. This request will be examined by the Office in accordance with the existing rules. Limitations to the confidentiality Access to confidential documents may nevertheless be granted to a person who demonstrates an overriding legitimate interest in inspecting the document. The overriding legitimate interest must be that of the person requesting inspection.

text: If the file to be inspected contains confidential documents, the Office will inform the applicant for inspection of files thereof. The applicant may invoke an overriding legitimate interest. The party requesting inspection will be given the opportunity to present its observations in this respect. Each request will be analysed on its own merits. Before taking a decision, the request, as well as any observations, must be sent to the party that filed the confidential documents, who has a right to be heard. The Office will take a decision as to whether to grant access to such documents. This decision may be appealed by the adversely affected party.

text: 5 Procedures before the Office relating to applications for inspection of files

text: 5.1 Online inspection of files

text: Use of online inspection is strongly recommended as it is provides immediate access and is free of charge. Providing the EUTM application or the EUD registration (not subject to deferment) has been published, any user logged into their User Area account on the Office's website can access the contents of the files. The contents of the files are available in the ‘Correspondence’ section of the file in eSearch plus on the Office’s website. The alternative to using online inspection is to request an inspection of files by submitting a form to the Office, which is subject to a fee (see paragraph 5.3).

text: 5.2 Downloadable certified or uncertified copies

text: Decision No EX-26-03 of the Executive Director of the Office of 1 July 2026 on communication by electronic means, and its Annex I.

text: Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office, and on the case-law database, Article 5, and its Annex I and Annex II.

text: Certified and uncertified copies of EUTM and EUD applications, registration certificates, extracts of the Register and copies of the documents in the file (currently available only for EUTMs) can be automatically generated and downloaded: when the user is logged in via a direct link from the EUIPO website using the

text: Office’s online eSearch plus tool or from the eRegisters;

text: from within the Inspection of Files e-filing form;

text: from within the files for a selected EUTM or EUD; and

text: from the TMview and DesignView databases (application forms and registration

text: certificates). For certified copies, the document will be made available in PDF format, and will be composed of a cover page in the five Office languages, introducing the certified document and followed by the certified document itself. The document contains a unique identification code. Each page of the document bears a header and footer containing important elements in order to guarantee the authenticity of the certified copy: a unique identification code, a ‘copy’ stamp, the signature of the Office staff member responsible for issuing certified copies, the date of the certified copy, the EUTM/EUD number and page number. The date indicated is the date when the certified copy was automatically generated. The automatically generated certified copies have the same value as certified copies sent on paper upon request in EUTM proceedings, and can be used in either their electronic or printed format. Certified copies can be verified online using the unique identification code provided. A link ‘Verify certified copies’ is available under the ‘Databases’ section of the Office’s website. The unique identification code can be entered in the box provided in order to retrieve and display the original document from the Office’s online systems. The authenticity of certified copies of application or registration certificates downloaded from TMview or DesignView can also be verified in TMview or DesignView. For further information on the availability and content of the certificates, see paragraph 5.2.2.

text: 5.2.1 Certified or uncertified extracts of the Registers

text: Article 63 EUTMDR

text: Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the register of EU trade marks, the Register of EU designs, the database of proceedings before the Office, and on the case-law database.

text: Extracts from the EUTM and EUD Registers can be obtained through the following methods:

text: 1. The eRegister: on entering the eRegister repository of an EUTM or EUD, a user who is logged into their User Area account has the option of downloading a certified copy

text: of the extract from the Register for this right. Generating this extract directly from the eRegister is free of charge.

text: 2. An online request in the User Area: where this is carried out online through the User Area account, the user will be redirected to the eRegister repository (see point 1) to download a certified copy of the extract immediately and free of charge.

text: 3. By post: This option is only available for EUTMs. The user may request, via the User Area, that the Office send an extract, or a similar request, by post. The Office will send the user the certified or uncertified extract that is retrieved from, and corresponds to, the extracts retrievable online through the eRegister. The request is subject to the payment of a fee pursuant to Article 111(7) EUTMR and point A.29 of Annex I EUTMR (see paragraph 5.4). Requests cannot be made for extracts of the EUD Register because Article 104(7) EUDR only allows the issuing of extracts by electronic means. For deferred designs, such extracts are subject to the conditions laid down in Article 109(5) EUDR and will therefore only contain the name of the holder, the name of any representative, the date of filing and registration, the file number of the application and the mention that publication is deferred.

text: 5.2.2 Certified or uncertified copies of file documents

text: Copies of file documents constituting the EUTM and EUD files (see paragraph 4.2) can be obtained through the following methods: 1. Through eSearch plus: on entering the database information of the EUTM or EUD, a user who is logged in has the option of downloading a copy of specific file documents for this right. Downloading such documents directly from eSearch plus is free of charge. 2. An online request in the User Area: users may access the application form online through their user account where they will be invited to log in and complete the application for inspection of files requesting certified or uncertified copies of specific documents. Such requests are free of charge. 3. By post: this option is only available for EUTMs. The user may request, via the User Area, that the Office send certified or uncertified copies of specific documents by post. The Office will send the user the certified or uncertified document that is retrieved from, and corresponds to, the documents retrievable online through eSearch plus. The request is subject to the payment of a fee pursuant to Article 111(7) EUTMR and point A.29 of Annex I EUTMR (see paragraph 5.4). Requests cannot be made for documents of EU design files because Article 104(7) EUDR only allows the issuing of documents by electronic means. Certified copies of the EUTM or the EUD application will only be available when a filing date has been accorded (for EUTM filing date requirements, see the Guidelines, Part B, Examination, Section 2, Formalities; for EUD filing date requirements, see the Guidelines on Examination of Applications for Registered European Union Designs). In the case of an application for multiple designs, certified copies of the application will only be available for those designs that have been accorded a filing date.

text: Where the EUTM application or EUD registration has not yet been published, a request for certified or uncertified copies of the file documents will be subject to the restrictions listed in paragraphs 4.2.1 to 4.2.4. It should be borne in mind that the certified copy of the application or registration certificate only reflects the data on the date of application or registration. The trade mark or design may have been the subject of a transfer, surrender, partial surrender or other act affecting its scope of protection, which will not be reflected in the certified copy of the EUTM application form or EUTM/EUD registration certificate. Up-to-date information is available from the electronic database or by requesting a certified extract of the Register (see paragraph 5.2.1).

text: 5.3 Written applications for inspection of files

text: Article 63 EUTMDR

text: Article 17 EUDDR

text: The alternative to online inspection via eSearch plus (see paragraph 5.1), is to file an application for inspection of files using the online filing form available in the User Area. Any language version of this form may be used, provided that it complies with the general language rules. See the Guidelines, Part A, General Rules, Section 4 Language of proceedings. Representation is not mandatory for filing an application for inspection of files. However, where a representative is appointed, the general rules for representation and authorisation apply. See the Guidelines, Part A, General Rules, Section 5, Professional Representation. The application for inspection of files must contain the following: An indication of the file number or registration number for which inspection is

text: applied. The name and address of the applicant for inspection of files.

text: If appropriate, an indication of the document or information for which inspection is

text: applied (applications may be made to inspect the whole file or specific documents only). In the case of an application to inspect a specific document, the nature of the document (e.g. ‘application’, ‘notice of opposition’) must be stated. The type of information needed must be specified where communication of

text: information from the file is applied for. An indication and evidence to the effect that the third party concerned has a right

text: to inspect the file in cases where the application for inspection relates to an EUTM application that has not yet been published, the application for an EUD that has not yet been published or an EUD that is subject to deferment of publication in accordance with Article 62 EUDR or which, being subject to such deferment, has been surrendered before or on the expiry of that period and inspection of the files is applied for by a third party.

text: Where printed copies are requested to be sent (for EUTM-related proceedings

text: only), an indication of the number of copies requested, whether they should be certified, and if the documents are to be presented in a third country requiring an authentication of the signature (legalisation), an indication of the countries for which authentication is required. Unless the applicant expressly requests printed copies to be sent by mail, the Office will provide an electronic copy of the requested, which will be notified through the User Area via electronic means of communication. The applicant’s signature. In accordance with Article 63(1) EUTMDR and Article

text: 17(1) EUDDR the senderʼs name will be deemed to be equivalent to the signature. Where an application for inspection of the files fails to comply with the requirements concerning the contents of the application, the applicant for inspection will be invited to remedy the deficiencies. If the deficiencies are not remedied within the established time limit, the application for inspection will be refused.

text: 5.4 Fees for inspection and communication of information contained in the files

text: Online inspection of files and the communication of information contained in the files, as well as the download of certified or uncertified copies of file documents or extracts from the Register are free of charge for both EUTM and EUD-related files. In EUTM-related proceedings, inspection and communication of information contained in the files on the Office’s premises or through issuing hard copies of those documents is subject to different fees as seen in the following paragraphs. These options are not available in EUD-related proceedings.

text: 5.4.1 Communication of information contained in an EUTM-related file

text: Communication of information in a file is subject to payment of a fee of EUR 10.

text: 5.4.2 Inspection of the files

text: A request for inspection of the files on the Office’s premises is subject to payment of a fee of EUR 30. Where the files are in electronic format, the Office will only provide electronic access to the files at the Office’s premises.

text: Where inspection of a file is done by the Office issuing uncertified copies of file documents, these copies are subject to the payment of a EUR 10 fee plus EUR 1 for every page exceeding ten.

text: An uncertified copy of an EUTM i) application; ii) certificate of registration; iii) extract from the Register; or iv) extract of the application from the database is subject to the payment of a EUR 10 fee per copy or extract.

text: Where inspection of a file is obtained through the issuing of certified copies of file documents, those copies are subject to payment of a fee of EUR 30 plus EUR 1 for every page exceeding ten.

text: A certified copy of an EUTM i) application; ii) certificate of registration; iii) extract from the Register; or iv) extract of the application from the database is subject to the payment of a EUR 30 fee per copy or extract.

text: 5.4.3 Consequences of failure to pay

text: An application for inspection of files will be considered not to have been filed until the fee has been paid. The fees apply not only where the application for inspection has been filed by a third party, but also where it has been filed by the EUTM applicant or proprietor. The Office will not process the inspection application until the fee has been paid. However, if the fee is not paid in part or in full, the Office will notify the applicant for inspection by issuing a deficiency letter indicating the amount of fees to be paid. If the exact amount of the fee is not known to the applicant for inspection because its calculation depends on the number of pages to be issued, the Office will either include that information in the standard letter or inform the applicant for inspection by other appropriate means.

text: 5.4.4 Refund of fees

text: Where an application for inspection of EUTM files is rejected, the corresponding fee is not refunded. Where, after the payment of the fee, the Office finds that not all the certified or uncertified copies requested may be issued (e.g. if the request concerns confidential documents and the applicant has not proven an overriding legitimate interest), any fees paid in excess of the amount actually due will be refunded.

text: 5.5 Inspection of files of an unpublished EUTM application, or a deferred EUD, filed by a third party

text: Where an application for inspection of files for an EUTM application that has not yet been published, or for files relating to an EUD subject to deferment of publication in accordance with Article 62 EUDR, or for those which, subject to such deferment, have been surrendered before or on the expiry of that period (see paragraphs 4.2.1 and 4.2.2), is filed by a third party (i.e. by a person other than the EUTM or EUD applicant or its representative), the right to obtain the inspection of files will be granted only when the applicant has consented to the inspection (see paragraph 5.5.1) or when the requester has established a legitimate interest to inspect a file (see paragraph 5.5.2).

text: 5.5.1 Consent

text: If an application by a third party is based on the grounds specified in Article 114(1) EUTMR (see paragraph 4.2.1) or in Articles 109(1) or 110(2)(a) EUDR (see paragraph 4.2.2), it must contain an indication and evidence to the effect that the EUTM applicant or EUD applicant or holder has consented to the inspection. The consent of the EUTM applicant or EUD applicant or holder must be in the form of a written statement in which it consents to the inspection of the particular file(s). Consent may be limited to inspection of certain parts of the file, such as the application, in which case the application for inspection of files may not exceed the scope of the consent. Where the applicant for inspection of files does not submit a written statement from the EUTM applicant, EUD applicant or holder consenting to the inspection of the files, the applicant for inspection will be notified and given two months from the date of notification to remedy the deficiency. If, after expiry of the time limit, no consent has been submitted, the Office will reject the application for inspection of files. The applicant for inspection will be informed of the decision to reject the application for inspection. The decision may be appealed by the applicant for inspection (Articles 67 and 68 EUTMR and Article 77 EUDR).

text: 5.5.2 Legitimate interest in inspecting the file

text: Where the application relies on the allegation that the EUTM applicant or EUD proprietor will invoke the rights under the EUTM or EUD, once registered, it is up to the applicant for inspection to prove this allegation. The proof to be submitted must take the form of documents, such as, statements by the EUTM applicant or EUD applicant or holder for the right in question, business correspondence, etc. Filing an opposition based on an EUTM application against a national mark constitutes a statement that the EUTM will be invoked. Mere assumptions on the part of the applicant for inspection of the file will not constitute sufficient proof. The Office will first examine whether the proof is sufficient. If so, the Office will send the application for inspection of files and the supporting documents to the EUTM applicant or EUD applicant or holder and invite it to comment within two months. If the EUTM applicant or EUD applicant or holder submits comments contesting inspection of the files, the Office will send the comments to the applicant for inspection. Any further statement by the applicant for inspection will be sent to the EUTM applicant or EUD applicant or holder and vice versa. The Office will take into account all submissions made on time by the parties and decide accordingly. The Office’s decision will be notified to both the applicant for inspection of the files and the EUTM applicant or EUD applicant or holder. It may be appealed by the adversely affected party (Articles 67 and 68 EUTMR and Article 77 EUDR).

text: 5.6 Grant of an application for inspection of files

text: Following a written application for inspection of files, when granted, the Office will send the requested copies of file documents, or requested information, as appropriate, to the applicant for inspection.

text: 5.6.1 Communication of information contained in a file

text: Article 111 EUDR

text: Information contained in the file can be inspected by the user directly via eSearch plus free of charge (see paragraph 5.1). However, the Office may, on request, communicate information contained in any file relating to EUTM or EUD applications or registrations.

text: Information contained in the files will be provided without an application for inspection, such as, where the party concerned wishes to know whether a given EUTM application has been filed by a given applicant, the date of such application, or whether the list of goods and services has been amended in the period between the filing of the application and its publication. Having obtained this information, the party concerned may then decide whether or not to request copies of the relevant documents, or to apply for inspection of the file. Where the party concerned wishes to know, for example, which arguments an opponent has brought forward in opposition proceedings, which seniority documents have been filed, or the exact wording of the list of goods and services as filed, such information will not be provided. Instead the Office will advise the party to apply for inspection of the file. In such cases, the quantity and complexity of the information to be supplied would exceed reasonable limits and create an undue administrative burden.

text: 5.6.2 Copies of file documents

text: Where inspection of the files is by means of the Office providing certified or uncertified copies of file documents, the party will be sent the requested documents.

text: 5.6.3 Specific interest concerning the inspection applicant

text: Where a party shows a specific interest in knowing whether its file has been inspected and by whom, there should be a compromise between the general interest of the public to be able to inspect files of proceedings before the Office with a minimum of formalities and the parties’ specific interest to know who has inspected the file in exceptional, duly justified circumstances. Considering that online inspection requests are not communicated as a matter of course to the party whose file has been inspected, that party must put forward a reasoned and substantiated request showing that there are legitimate reasons for being informed if its file has been inspected, and by whom. The Office will not automatically grant such a request. Instead, on a case-by-case basis, it will balance these reasons against the explanations provided by the person who made the inspection within a period set by the Office to that effect, before any such request is granted.

text: 6 Procedures to grant inspection of files or give access to the files to courts or authorities of the Member States

text: For the purposes of administrative cooperation, the Office will, on request, assist the courts or authorities of the Member States by communicating information or opening files for inspection. The Office will also, on request, communicate relevant information about the filing of EUTM or EUD applications and proceedings relating to such applications, and the marks or designs registered as a result thereof, to the central industrial property offices of the Member States. Inspection of the files relating to EUTM and EUD applications or registrations by courts or Member Statesʼ authorities will be granted by providing copies of the original documents in electronic format. The Office may provide printouts from the electronic system as an exception, if expressly demanded by the requesting authority.

text: 6.1 Fees

text: Inspection of files and communication of information from the files requested by the courts or authorities of the Member States are not subject to the payment of fees. Courts or public prosecutors’ offices of a Member State may open to inspection by third parties files, or copies thereof, that have been transmitted to them by the Office. The Office will not charge any fee for such inspection.

text: 6.2 No restriction as to unpublished applications

text: Inspection of files and communication of information from the files requested by the courts or authorities of the Member States is not subject to the restrictions contained in Article 114 EUTMR and Article 109 EUDR. Consequently, these bodies may be granted access to files relating to unpublished EUTM applications (see paragraph 4.2.1) and EUDs subject to deferment of publication (see paragraph 4.2.2), as well as to parts of the files for which the party concerned has expressed a special interest in keeping confidential. However, documents relating to exclusion and objection, as well as the documents referred to in Article 114(4) EUTMR and Article 109(4)(b) EUDR, will not be made available to these bodies. Courts or public prosecutors’ offices of the Member States may open to inspection by third parties files or copies that have been transmitted to them by the Office. Such subsequent inspection shall be subject to the restrictions contained in Article 114(4) EUTMR or Article 109 EUDR, as if the inspection had been requested by a third party. When transmitting files or copies thereof to the courts or public prosecutors’ offices of the Member States, the Office will indicate the restrictions imposed on inspection of files relating, on the one hand to EUTM applications or registrations pursuant to Article 114 EUTMR, and on the other hand to EUD applications or EUD registrations pursuant to Article 109 EUDR.


text: Section 6 Other entries in the register

text: Section 6 Other entries in the register

identifier: Trade mark guidelines, Part E Register operations, Section 6 Other entries in the register

text: Table of Contents

text: Part E Register operations Section 6 Other entries in the register Chapter 1 Counterclaims

text: Table of Contents

text: 2 Application to register the filing of a counterclaim before an EUTM or 3 Application to register a judgment on a counterclaim before an EUTM

text: 1 Introduction

text: Counterclaims, as provided for in Article 128 EUTMR or Article 123 EUDR, are defence claims made by a defendant that is being sued for the infringement of an EUTM or registered European Union design (EUD). By way of such a counterclaim, the defendant asks the European Union trade mark court (EUTM court) or European Union design court (EUD court) to declare the revocation or invalidity of the EUTM or the invalidity of the EUD that it is alleged to have infringed. The purpose of recording the filing and the final judgment of the counterclaim in the Office Register lies in the general interest of making all the relevant information on counterclaims concerning EUTMs and EUDs, in particular the final judgments thereof, publicly available. In this way, the Office can implement these final judgments, in particular those that declare the total or partial revocation or invalidity of an EUTM, as well as those that declare the total invalidity of an EUD. By entering such counterclaims and their final judgments in the Register, the Office strives to comply with the principles of conformity to truth, public faith and the legal certainty of a public register.

text: 2 Application to register the filing of a counterclaim before an EUTM or an EUD court

text: According to Article 128(4) EUTMR and Article 125(2) EUDR, the EUTM or EUD court before which a counterclaim for revocation of an EUTM or for a declaration of invalidity of an EUTM or EUD has been filed must inform the Office of the date on which the counterclaim was filed. The Regulations provide that the court with which a counterclaim for revocation of an EUTM or for a declaration of invalidity of an EUTM or EUD has been filed must not proceed with the examination of the counterclaim until either the interested party or the court has informed the Office of the date on which the counterclaim was filed. Communications No 9/05 and No 10/05 of the President of the Office of 28/11/2005 concern the designation of EUTM and EUD courts in the Member States pursuant to Article 123 EUTMR and Article 119 EUDR. The Office also allows any party to the counterclaim proceedings to request the entry of a counterclaim in the Register, if not yet communicated by the EUTM or EUD court. The applicant should:

text: indicate the date on which the counterclaim was filed;

text: quote the number of the EUTM or EUD concerned;

text: state whether the application is for revocation or for a declaration of invalidity;

text: submit evidence that the counterclaim has been raised before the EUTM or EUD

text: court with authority to rule on the counterclaim, including, where possible, the case or reference number from the court. If the above is not submitted, or if the information submitted by the applicant requires clarification, the Office will issue a deficiency letter. If the deficiencies are not remedied, the Office will reject the application for registration of the counterclaim. The party concerned may file an appeal against this decision. The Office will notify the EUTM or EUD proprietor and the EUTM or EUD court that the counterclaim has been entered in the Register. If the request was made by the other party to the counterclaim proceedings, the Office will also inform this party. If an application for revocation or for a declaration of invalidity of an EUTM had already been filed with the Office before the counterclaim was filed, the Office will inform the courts before which a counterclaim is pending in respect of the same mark. The courts will stay the proceedings in accordance with Article 132(1) EUTMR and Article 130(1) EUDR until the decision on the application is final or the application is withdrawn.

text: 3 Application to register a judgment on a counterclaim before an EUTM or an EUD court

text: Article 111(3)(o) and Article 128(6) EUTMR Articles 125(3) and 104(3)(r) EUDR Where an EUTM or a EUD court has delivered a judgment that has become final on a counterclaim for revocation of an EUTM or for a declaration of invalidity of an EUTM or EUD, a copy of the judgment must be sent to the Office. The Office also allows any party to the counterclaim proceedings to request the entry of a judgment on the counterclaim action in the Register, if not yet communicated by the EUTM or EUD court. The applicant should: submit a copy of the judgment, together with confirmation from the EUTM or EUD

text: court that the judgment has become final; indicate the date on which the judgment was issued;

text: state whether the request is for revocation or for a declaration of invalidity;

text: in the event of partial cancellation or invalidity, indicate the list of goods and services

text: affected by the judgment, if relevant. In order to enter the counterclaim in the Register, the Office needs confirmation that the judgment is final (passée en force de chose jugée/rechtskräftig/adquirido fuerza de cosa juzgada, etc.). If the Office requires clarification, it may request this in writing.

text: The Office must mention the judgment in the Register and take the necessary measures to comply with its operative part. Where the final judgment partially cancels an EUTM, the Office will alter the list of goods and services according to the EUTM court judgment and, where necessary, send the amended list of goods and services for translation. The Office will notify the EUTM or EUD proprietor and the EUTM or EUD court that the judgment has been entered in the Register. If the request was made by the other party to the counterclaim proceedings, the Office will also inform this party.

type: vagledning

utgivare: euipo