Institutions

The EUIPO

The European Union's trade mark office, in Alicante. It registers marks — and it can revoke them, at the request of anyone.

In brief

European Union agency based in Alicante (Spain). Opened in 1994 under the name OHIM; renamed EUIPO on 23 March 2016.
Manages the European Union trade mark (EUTM), which is unitary in character: it has effect throughout the Union. Duration: ten years, renewable.
Its cancellation division rules at first instance on applications for revocation and invalidity.
Any natural or legal person may apply for revocation of a trade mark: no particular interest in bringing proceedings is required (Art. 63 of Regulation 2017/1001).
Appeals against its decisions lie to its boards of appeal, then to the General Court of the European Union.

The EUIPO is an administrative body, not a court — but its decisions have considerable legal effects, and they are adversarial: each party produces its documents, and the office decides.

The most striking feature of its regime is how open the revocation action is: anyone can apply for a registered trade mark to be revoked for non-use. There is no need to be a competitor, nor to demonstrate any harm. This is what allowed an Irish chain of around a hundred restaurants to mount a frontal challenge to the European registration of the best-known trade mark in the world — and to bring part of it down.

Sources

External sources.

Regulation (EU) 2017/1001 on the European Union trade mark — EUR-Lex
EUIPO — official website — European Union Intellectual Property Office

Where this comes up in the case file

ArticleBig Mac v. Supermac's

Other glossary entries — Institutions

The European Court of Human Rights The Court of Cassation The court of appeal The commercial court The Court of Justice of the European Union The National Financial Prosecutor's Office

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