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EUIPO Grand Board confirms decision on European trademark conversion

( October 15, 2024, 14:00 GMT | Official Statement) -- MLex Summary: The European Union Intellectual Property Office Grand Board of Appeal confirmed that a refused European trademark application can be converted to a national application if the application is withdrawn within the appeal period, without the need for an appeal to make the refusal final. The appellate board published its opinion in response to questions from the EUIPO executive director sent in February. This confirms the EUIPO Fourth Board of Appeal 2022 Nightwatch decision where the board concluded that if an EU trademark application is withdrawn within the appeal period, before the refusal becomes final, conversion should be allowed without needing an appeal. Previously in EUIPO practice, conversion was only allowed after a final decision, which meant applicants had to appeal and pay fees to preserve conversion rights.See court document attached. ...

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