Trademark owners from outside the European Union..…

We think it is worth to remind that natural or legal persons not having either their domicile or their principal place of business or a real and effective industrial or commercial establishment in the European Community must be represented before the Community Office  in proceedings as for example Oppositions, Cancellation actions, etc.

In fact the concrete risk is that actions might be rejected as happened in a recent case. By decision of 4 August 2015 in opposition No. B 1 202 225 (the LAMBRETTA case) the Opposition Division of the Community Office rejected the opposition filed by an Indian company, which had not appointed a  European attorney, stating that “In the present case, the opponent does not have its domicile or principal place of business or a real and effective industrial or commercial establishment in the Community and has not appointed a representative” despite the fact that “the Office requested the opponent to appoint a new representative and set a deadline (…). As a consequence, the opposition must therefore, be rejected as inadmissible”.

Consequently, do not forget to appoint your European Trademark Attorney in the future!

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