24/02/2017 - Aplicants fails to prove occurence of technical failure in EUIPO electronic communication system - Richard Milchior
Groupe Go Sport vs European Union Intellectual Property Office
Digital transformation has considerably affected every aspect of society. The dematerialisation is undeniably a progress, as it simplifies and accelerates procedures while allowing more reliability. This phenomenon did not spare administrative and judicial procedures. However, it also creates new issues, as shown in Groupe Go Sport vs European Union Intellectual Property Office.
Groupe Go Sport filed an appeal against a decision of the Appeal Board of EUIPO
In this case, Groupe Go Sport filed an appeal against a decision of the Appeal Board of EUIPO which had partially upheld an opposition by Design Go Ltd against the application for registration of the word sign GO SPORT as an EU trademark.
According to Groupe Go Sport, its statement of grounds was sent to EUIPO on May 2015, before the deadline, by means of the electronic communication system. Although, EUIPO received only two cover sheets without attachments.
Then, EUIPO sent Groupe Go Sport a letter informing it that its appeal was likely to be declared inadmissible because no statement of grounds had been filed.
Groupe Go Sport then submitted an incident report to EUIPO’s IT department before submitting its observations to the letter of EUIPO with a copy of the statement of grounds. In a September 2015 decision, the Second Board of Appeal of EUIPO declared the appeal inadmissible as the statement of grounds had been sent outside the relevant time limit.
Richard Milchior, partner, publishes a summary regarding this case.
This article first appeared on WTR Daily, part of World Trademark Review, in 01/2017. For further information, please go to www.worldtrademarkreview.com.
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