Challenging Trademarks in Europe: Opposition and Cancellation Proceedings at the Benelux Office of Intellectual Property and the EUIPO

Trademark opposition proceedings provide trademark owners a relatively quick means to challenge the trademark application of another prior the challenged application being granted. Meanwhile, a cancellation proceeding offers a trademark owner a procedural mechanism to challenge an issued trademark at the Intellectual Property Office rather than in court.

Different timelines, grounds for challenge, standards of proof, and appeals rules apply to both proceedings, and different rules apply depending upon whether an applicant elects to use the Benelux Office for Intellectual Property (BOIP), the registration office for trademarks and designs in Belgium, the Netherlands, and Luxembourg, or the European Union Intellectual Property Office (EUIPO), the office responsible for registration of European Union trademarks and the registered Community design across the 27 Member States of the EU (of which Belgium, the Netherlands, and Luxembourg are members).

Join us on Thursday, November 18, 2021, at 4 PM CET for a free webinar conversation moderated by Gene Quinn, President & CEO of IPWatchdog, Inc., along with Arie Mout and Stéphanie Dujardin, both European and Benelux Trademark and Design Attorneys for AWA as they will discuss the guidelines for the trademark opposition and cancellation proceedings in the BOIP and EUIPO, including terms of deadlines, grounds, the contradictory procedure, use obligation, observations on proofs of use, condemnation of costs and appeal.

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