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ARTICLE · 20 NOVEMBER 2024

Landmark Decision: EU Trademarks Can Be Withdrawn And Converted After Refusal

Aera A/S
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The Grand Board of Appeal has now confirmed the position advocated by several IP associations: An EU trademark can be withdrawn and converted after an application has been refused, provided this is done within the appeal period before the refusal takes effect.

DenmarkIntellectual Property
Troels Stokholm
Troels Stokholm
Anette Henrysson
Anette Henrysson
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– here is what this means for EU trademark applicants

The Grand Board of Appeal has now confirmed the position advocated by user associations1: an EU trademark can be withdrawn and converted after an application has been refused—whether in ex parte or inter partes proceedings—provided this is done within the appeal period before the refusal takes effect.

Conversion

For those who are not familiar with it, "conversion" is a process that allows an EU trademark ('EUTM') application or registration to be converted into national applications within individual EU member states if specific issues in certain member states prevent the EUTM from being registered across the entire EU.

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