Decision on Cancellation No 13 321 C page: 2 of 2
On 30/08/2017, the Office informed the applicant that the application was inadmissible
because it was filed against a EUTM which no longer existed at the time of filling, since
it had expired. The applicant was given until 04/11/2017 to comment on the matter.
No comments were received by the Office.
An application for revocation based on lack of genuine use can only be filed against a
EUTM that is registered for at least five years at the time of the application. Therefore,
in the present case, as the contested EUTM is no longer registered the application for
revocation must be rejected as inadmissible.
The fee for the application for revocation is due for filing the application, regardless of
the outcome of the proceedings. Therefore, in cases of inadmissibility, it is not refunded
to the applicant. The only provision that allows for the refund of the cancellation fee is
Rule 39(1) EUTMIR (in the version in force at the time of filing the application for
revocation), applicable only where the application is deemed, as a result of late
payment, not to have been filed.
Therefore, in the present case, the fee for the application for revocation will not be
The Cancellation Division
Raphaël MICHE Cindy BAREL José Antonio
According to Article 67 EUTMR, any party adversely affected by this decision has a
right to appeal against this decision. According to Article 68 EUTMR, notice of appeal
must be filed in writing at the Office within two months of the date of notification of this
decision. It must be filed in the language of the proceedings in which the decision
subject to appeal was taken. Furthermore, a written statement of the grounds for
appeal must be filed within four months of the same date. The notice of appeal will be
deemed to have been filed only when the appeal fee of EUR 720 has been paid.