Consultation on CP12 – Evidence in Trade Mark Appeal Proceedings

    The second draft Common Practice of the project CP12 ‘Evidence in Trade Mark Appeal Proceedings: filing, structure and presentation of evidence, and the treatment of confidential evidence’ has been made available in English for comments.

    The CP12 Working Group, composed of representatives from four external Appeal Bodies, the Appeal departments of three EU intellectual property offices, three user associations and the EUIPO Boards of Appeal, analysed the positive and constructive feedback received from 30 stakeholder IP offices, user associations, law firms and academics following the first draft publication. These contributions have been incorporated into a consolidated and improved second draft.

    As a result, the second draft of the CP12 Common Practice is now available for review by all stakeholders. New content and amendments to the original draft have been marked for ease of reading and identification. The Working Group considers this to be a ‘living document’ and open to consultation, where it would be very appreciated to receive further input or feedback.

    The scope of the CP12 project covers five principal areas:

    • General Concepts – definitions and admissibility of evidence.
    • Means and sources of evidence – documents; online evidence; and genuineness, veracity and reliability of evidence.
    • Establishing the relevant date of evidence – documentary evidence; online evidence; and the period and timing of a market survey.
    • Ways to present evidence – acceptable formats, size and volume; structure of the evidence; structure of market surveys; and templates.
    • Confidentiality of evidence – acceptable ways and point in time to claim confidentiality; the scope of the confidentiality request and criteria for assessing it; and treatment of confidential, personal, health related and sensitive data in files and decisions.

    The EUIPO welcomes your comments on the draft Common Practice, which should be returned either via email (stating the relevant section or page number) or, for your convenience, by completing the Feedback Template and send it to by Friday, 3 April 2020.

    The CP12 project is part of the European Cooperation Projects under the heading ‘ECP4 Shared Services and Practices’.