1.An appeal shall lie from decisions of the Office which have been taken pursuant to Articles 20, 21, 59, 61, 62, 63 and 66, as well as on decisions related to fees pursuant to Article 83, to costs pursuant to Article 85, to the entering or deletion of information in the Register pursuant to Article 87 and to the public inspection pursuant to Article 88.
2.An appeal lodged pursuant to paragraph 1 shall have suspensory effect. The Office may, however, if it considers that circumstances so require, order that the contested decision not be suspended.
3.An appeal may lie from decisions of the Office pursuant to Articles 29 and 100 (2), unless a [F1direct action] is [F1brought] pursuant to Article 74. The appeal shall not have suspensory effect.
4.An appeal against a decision which does not terminate proceedings as regards one of the parties may only be made in conjunction with an appeal against the final decision, unless the decision provides for separate appeal.
Textual Amendments
Any natural or legal person may appeal, subject to Article 82, against a decision, addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to the former. The parties to proceedings may, and the Office shall, be party to the appeal proceedings.
Notice of appeal shall be filed in writing at the Office within two months of the service of the decision where addressed to the appealing person, or, in the absence thereof, within two months of the publication of the decision, and a written statement setting out the grounds of appeal shall be filed within four months after the aforesaid service or publication.
1.If the body of the Office which has prepared the decision considers the appeal to be admissible and well founded, the Office shall rectify the decision. This shall not apply where the appellant is opposed by another party to the appeal proceedings.
2.If the decision is not rectified within one month after receipt of the statement of grounds, for the appeal, the Office shall forthwith:
decide whether it will take an action pursuant to Article 67 (2), second sentence, and
remit the appeal to the Board of Appeal.
1.If the appeal is admissible, the Board of Appeal shall examine whether the appeal is well-founded.
2.When examining the appeal, the Board of Appeal shall as often as necessary invite the parties to the appeal proceedings to file observations on notifications issued by itself or on communications from the other parties to the appeal proceedings within specified time limits. Parties to the appeal proceedings shall be entitled to make oral representations.
The Board of Appeal shall decide on the appeal on the basis of the examination carried out pursuant to Article 71. The Board of Appeal may exercise any power which lies within the competence of the Office, or it may remit the case to the competent body of the Office for further action. The latter one shall, in so far as the facts are the same, be bound by the ratio decidendi of the Board of Appeal.
1. Actions may be brought before the Court of Justice against decisions of the Boards of Appeal on appeals.
2. The action may be brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaty, of this Regulation or of any rule of law relating to their application, or misuse of power.
3. The Court of Justice shall have jurisdiction to annul or to alter the contested decision.
4. The action shall be open to any party to appeal proceedings which has been unsuccessful, in whole or in part, in its submissions.
5. The action shall be brought before the Court of Justice within two months of the date of service of the decision of the Board of Appeal.
6. The Office shall be required to take the necessary measures to comply with the judgment of the Court of Justice.]
Textual Amendments
1.[F1A direct action may be brought before the Court of Justice against] decisions of the Office pursuant to Articles 29 and 100 (2).
2.The provisions laid down in Article 73 shall apply mutatis mutandis.
Textual Amendments