Trade mark guidelines, Part E Register operations, Section 5 Inspection of the Registers and files

Part E Register operations Section 5 Inspection of the Registers and files

1 General Principles

Article 111(1) and (5), Article 114, Article 117(1) and (2) and Annex 1 A(30) EUTMR Articles 20 and 21 EUTMIR Articles 104, 109, 110, 111 and 113 EUDR Articles 13 and 14 EUDIR Decision No EX-25-4 on the keeping of files and the inspection of files Decision No EX-26-07 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office, and on the case-law database

The principle established under the European Union trade mark and design system is that: the ‘Register of European Union trade marks’ and the ‘Register of European Union

designs’ are the official record of all entries made in relation to European Union trade marks (EUTM) or registered European Union designs (EUD) where these entries are required by the EUTMR, the EUDR or acts adopted pursuant to them; and the ‘files’ contain all the documents or items of evidence submitted by the parties

to the Office in all proceedings provided for by the EUTMR or EUDR, and all the correspondence and decisions issued by the Office relating to those proceedings. Both the Registers and the files of the Office are, in principle, open to inspection by the public. However, before publication of an EUTM application, or an EUD or when an EUD is subject to deferred publication, inspection of files is possible only in exceptional cases (see paragraphs 4.2.1 and 4.2.2). Inspection of the files may involve: inspection of the Registers;

obtaining certified or uncertified extracts of the Registers;

inspection of the content of the file(s);

the communication of information contained in the files, implying communication

of specific information contained in the files without supplying the actual file document(s); obtaining certified or uncertified copies of documents contained in the files.

In these Guidelines, the term ‘inspection of the files’ is used to cover all of the abovementioned forms of inspection of files, unless otherwise stated.

2 The Registers of EUTMs and European Union designs

Article 111(1) and (5) EUTMR Article 104 and 105 EUDR Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU Designs, the database of proceedings before the Office, and on the case-law database.

All entries made in the Registers are made into an electronic archive (the 'eRegister'). The eRegister provides one accessible electronic repository of all entries in the Register for a specific EUTM or EUD. The eRegister can be accessed through the eSearch plus tool available on the Office website. On finding an EUTM or EUD in eSearch Plus, the user is presented with the option of viewing the eRegister repository for this right in a separate interface. The eRegister is also accessible through the Office's TMview and DesignView tools. The particulars that are recorded in the eRegisters are specified in Annexes I and II of Decision EX-26-07 of the Executive Director of the Office on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office and on the case-law database. Where data contained in the eRegisters is not yet publicly accessible, such data may be accessed by submitting a request for information or by obtaining certified or uncertified extracts or copies of the file documents (see paragraph 5.2).

3 Inspection of the Registers

3.1 The Register of EUTMs

Article 111(2), (3) and (4) EUTMR Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office and on the case-law database and its Annex I.

The Register of EUTMs contains the information specified in Article 111(2) and (3) EUTMR and any other items determined by the Executive Director of the Office pursuant to Article 111(4) EUTMR. The entries in the Register for each EUTM will become available in the eRegister once the EUTM application is considered to have been filed pursuant to Article 32 EUTMR.

The content of each entry in the Register as set out in Article 111 EUTMR is listed in Annex I to Decision EX-26-07.

3.2 The Register of EU designs

Articles 62, 104 and Article 109(5) EUDR Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office and on the case-law database and its Annex II.

The Register of EU designs contains the information specified in Article 104(2) and (3) EUDR and any other items determined by the Executive Director of the Office pursuant to Article 104(4) EUDR. The entries in the Register for each EUD will become available in the eRegister once the EUD is registered pursuant to Article 59 EUDR. In accordance with Article 109(5) EUDR, where the EUDs are subject to a deferment of publication pursuant to Article 62(1) EUDR, access to the Register to persons other than the holder shall be limited to the name of the holder, the name of any representative, the date of filing and registration, the file number of the application and the mention that publication is deferred. The content of each entry in the Register as set out in Article 104 EUDR is listed in Annex II to Decision EX-26-07.

4 Inspection of Files

4.1 Persons/Entities authorised to request access to the files

The rules and degree of access to the files vary according to who requests inspection. The Regulations differentiate between the following three categories: the applicant/proprietor of the EUTM or EUD;

third parties;

courts or authorities of the Member States.

Inspection of the files by courts or authorities of the Member States is covered by the system of administrative cooperation with the Office (see paragraph 7 below).

4.2 Documents that constitute the files

Article 114 and 115 EUTMR

Article 109 and 112 EUDR

Decision No EX-25-4 of the Executive Director of the Office on the keeping of files and the inspection of files

The files relating to an EUTM or EUD consist of all the documents and items of evidence submitted by the parties to the Office in all the proceedings under the EUTMR or EUDR, as well as all the correspondence and decisions issued by the Office relating to those proceedings. Documents relating to opposition, cancellation, invalidity and appeal proceedings before the Office or other proceedings, such as recordals (transfer, licence, etc.), also form part of the files. Inspection of the respective files remains possible even where an EUTM or EUD application is deemed not filed, rejected, withdrawn or considered to have been withdrawn, or an EUTM or EUD registration expires or is surrendered, declared invalid or revoked. Where an applicant or proprietor requests access to their own file, they will have access to all documents that form part of the file, except for those documents referred to in Article 114(4) EUTMR and Article 109(4)(a) and (b) EUDR. Where the files are kept in electronic format, the electronic files, or back-up copies thereof, will be kept indefinitely. The Office may dispose of original documents submitted by the parties, which have been scanned or uploaded to form the basis of the electronic files, five years after their receipt by the Office. Where files or part of files are not kept electronically (e.g. articles or physical items of evidence that cannot be converted to electronic format due to their physical form or volume), the Office will keep the relevant articles or items of evidence for at least five years from the end of the year in which: the EUTM/EUD application is rejected or withdrawn;

the EUTM/EUD registration expires definitively;

the surrender of the registered EUTM or EUD is entered in the Register; or

the registered EUTM or EUD is removed from the Register.

4.2.1 The files relating to EUTM applications

Article 7 EUTMIR

The files relating to EUTM applications are available for inspection once the application has been published by the Office in the EUTM Bulletin. The day of publication is the date of issue shown in the EUTM Bulletin and is reflected under the INID code 442 in the Register. The dissemination of data relating to unpublished EUTM applications by means of online access or otherwise does not constitute publication of the application within the meaning of Article 44 EUTMR and Article 7 EUTMIR. Before the publication of the application, inspection of the files is only possible when one of the following conditions is fulfilled: the applicant for inspection is the EUTM applicant; or

the EUTM applicant has consented to inspection of the file relating to the EUTM

application (see paragraph 5.5.1); or the applicant for inspection has established a legitimate interest in the inspection

of the EUTM application, in particular where the EUTM applicant has stated that it will invoke the rights under the EUTM, once registered, against the applicant for inspection (see paragraph 5.5.2).

4.2.2 The files relating to EUD applications and EUDs subject to deferment of publication

The files relating to EUD applications, or an EUD subject to deferment of publication, including those that have been surrendered, are only available for inspection if one of the following conditions is fulfilled: the applicant for inspection is the EUD applicant/holder; or

the applicant for the EUD has consented to inspection of the file relating to the EUD

application (see paragraph 5.5.1); or the applicant for inspection has established a legitimate interest in the inspection

of the EUD application, in particular where the EUD applicant has stated that it will invoke the rights under the EUD, once registered, against the applicant for inspection (see paragraph 5.5.2). In the case of an application for multiple EUDs, this inspection restriction will only apply to information relating to the EUDs subject to deferment of publication, or to those that are not eventually registered, either due to rejection by the Office or withdrawal by the applicant.

4.2.3 The files relating to registered EUTMs

The files relating to EUTMs after registration are available for inspection.

4.2.4 The files relating to EUDs

The files relating to EUDs are available for inspection once the registration has been published by the Office in the European Union Designs Bulletin. The day of publication is the date of issue shown in the European Union Designs Bulletin and is reflected under the INID code 45 in the Register. For inspection of the files relating to an EUD that is subject to deferment of publication, please see paragraph 4.2.2., above.

4.2.5 The files relating to international registrations designating the European Union

Articles 105 and 155 EUDR

The files kept by the Office relating to international trade mark registrations designating the EU may be inspected on request as from the date of publication referred to in Articles 114(8) and 190(1) EUTMR. The same rules apply as for the inspection of EUTMs. For international registrations of designs designating the EU the Office provides information in the form of an electronic link to the searchable database maintained by the International Bureau (http://www.wipo.int/designdb/hague/en/). The files kept by the Office may relate to the refusal of the international design pursuant to Article 156 EUDR and the invalidation of the international design pursuant to Article 157 EUDR. They may be inspected subject to the restrictions pursuant to Article 109 EUDR (see paragraph 4.3) and subject to the same limitations as explained in paragraphs 4.2.2 and 4.2.4.

4.3 Parts of the file excluded from inspection

4.3.1 Excluded documents

Article 109 EUDR

Certain documents contained in the files are excluded from inspection of files, namely:

documents relating to the exclusion of or objection to Office staff, for example, on

the grounds of suspicion of partiality (see paragraph 4.3.2); draft decisions and opinions and all other internal documents used for preparing

decisions and opinions (see paragraph 4.3.3); parts of the file for which the party concerned expressed a special interest in

keeping confidential (see paragraph 4.3.4); all correspondence relating to mediation, where the parties make use of the

mediation services offered by the Office in accordance with Decision No EX-25-09 of the Executive Director of the Office on the administration of mediation processes (‘Rules on Mediation ); the files relating to requests for entry on the Office’s list of professional

representatives or the designs list, including all decisions made in this regard. These files are not open to public inspection because the files do not relate to EUTM or EUD proceedings as such (see the Guidelines, Part A, General rules, Section 5, Parties to the proceedings and professional representation, paragraph 4.3.5); In principle, documents of a personal nature such as passports or other identification documents, which are submitted in particular as evidence in relation to requests for transfer, evidence of ‘health data’, which is submitted in particular as evidence in relation to restitutio in integrum or as supporting evidence for extension requests, and bank account extracts, which may, for example, be attached to applications and requests as evidence of fee payment, because of their inherent personal nature. These documents are not open to public inspection because confidentiality vis-à-vis any third parties is justified, and, in principle, overrides any third-party interest.

4.3.2 Documents relating to exclusion or objection

Documents in which an examiner states that they consider themselves excluded from participating in the case and documents in which such a person makes observations regarding an objection by a party to the proceedings on the basis of a ground for exclusion or suspicion of partiality are excluded from inspection. However, the following documents form part of the file and are not excluded from inspection: letters in which a party to the proceedings raises an objection based on a ground

for exclusion or suspicion of partiality, either separately or together with other statements, to any decision on the action to be taken in the cases mentioned above; the decision taken by the competent instance of the Office.

4.3.3 Draft decisions and opinions and internal documents

Documents used for preparing decisions and opinions, such as reports and notes drafted by an examiner that contain considerations or suggestions for dealing with or deciding on a case, or annotations containing specific or general instructions on dealing with certain cases are excluded from inspection. Documents that contain a communication, notice or final decision by the Office in relation to a particular case are not excluded. Any document to be notified to a party to the proceedings will take the form of either the original document or a copy thereof, certified by or bearing the seal of the Office, or a computer printout bearing that seal. The original communication, notice or decision or copy thereof will remain in the file.

4.3.4 Parts of the file for which the party concerned expressed a special interest in keeping confidential

The documents that constitute the files are open to public inspection (see paragraph 4.2). The onus is on the party making the submission to ensure that sensitive data is blacked out, or certain pages omitted altogether, before submitting them to the Office. Where this is not possible, the party concerned may express a special interest in keeping parts of the file confidential. Parts of the file for which the party concerned expressed a special interest in keeping confidential before the application for inspection of files was made are excluded from inspection of files, unless their inspection is justified by an overriding legitimate interest of the party seeking inspection.

Invoking confidentiality

Keeping all or part of a document confidential may be requested on its submission or at a later stage, as long as there is no pending request for an inspection of files. During inspection of files proceedings, confidentiality may not be requested. Requests for confidentiality can only be filed in relation to documents that have been filed by the party concerned (and not, for example, documents filed by the other party in inter partes proceedings). In inter partes proceedings, where the party concerned (the opponent or applicant for revocation or declaration of invalidity) has shown a special interest in keeping their documents confidential vis-à-vis third parties, they will be informed that their documents cannot be kept confidential with respect to the other party to the

proceedings. They will be invited to either disclose the documents or withdraw them from the proceedings. If they choose to withdraw their documents, they will not be sent to the other party and will not be taken into account by the Office in its decision. If, on the other hand, they want the documents to be taken into account but to remain confidential for third parties, the documents can be forwarded by the Office to the other party to the proceedings, but they will not be available for inspection by third parties (for opposition proceedings, see the Guidelines, Part C, Opposition, Section 1, Opposition Proceedings, paragraph 4.4.4). Expressing a special interest The party concerned must have expressly invoked, and sufficiently justified, a special interest in keeping the document confidential (see 08/11/2018, R 722/2018‑5, nume (fig.) / Numederm, § 16). The special interest must be due to the confidential nature of the document or its status as a trade or business secret. This may be the case, for example, where the applicant has submitted documentation as evidence in respect of a request for registration of a transfer or licence. The Office must check whether that special interest is sufficiently demonstrated. Where the Office concludes that the special interests claimed do not justify the confidentiality of the document, prior to lifting the confidentiality it will communicate this to the person who filed the documents. In reply, the applicant may resubmit the evidence in a manner that does not disclose any information they consider confidential. For example, where contracts or other documents are submitted as evidence for a transfer or licence, certain information may be blacked out before being submitted to the Office, or certain pages may be omitted altogether. Confidentiality invoked with no attempt to claim any special interest Where a claim for confidentiality has been submitted by the party by use of a standard ‘confidential’ stamp on the cover page of the submission, or by ticking the ‘confidential’ tick-box when using the electronic communication platform, but the documents enclosed contain no indication of any special interest nor any attempt on behalf of the party to justify the confidential nature of the submission, the Office will not consider those documents to be confidential unless they are clearly of a personal nature and not open to public inspection (see paragraph 4.3.1). The Office will not inform the requesting party. The party can still, at any time before the receipt of a request for inspection of files, invoke and justify a special interest in keeping the document confidential. This request will be examined by the Office in accordance with the existing rules. Limitations to the confidentiality Access to confidential documents may nevertheless be granted to a person who demonstrates an overriding legitimate interest in inspecting the document. The overriding legitimate interest must be that of the person requesting inspection.

If the file to be inspected contains confidential documents, the Office will inform the applicant for inspection of files thereof. The applicant may invoke an overriding legitimate interest. The party requesting inspection will be given the opportunity to present its observations in this respect. Each request will be analysed on its own merits. Before taking a decision, the request, as well as any observations, must be sent to the party that filed the confidential documents, who has a right to be heard. The Office will take a decision as to whether to grant access to such documents. This decision may be appealed by the adversely affected party.

5 Procedures before the Office relating to applications for inspection of files

5.1 Online inspection of files

Use of online inspection is strongly recommended as it is provides immediate access and is free of charge. Providing the EUTM application or the EUD registration (not subject to deferment) has been published, any user logged into their User Area account on the Office's website can access the contents of the files. The contents of the files are available in the ‘Correspondence’ section of the file in eSearch plus on the Office’s website. The alternative to using online inspection is to request an inspection of files by submitting a form to the Office, which is subject to a fee (see paragraph 5.3).

5.2 Downloadable certified or uncertified copies

Decision No EX-26-03 of the Executive Director of the Office of 1 July 2026 on communication by electronic means, and its Annex I.

Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the Register of EU trade marks, the Register of EU designs, the database of proceedings before the Office, and on the case-law database, Article 5, and its Annex I and Annex II.

Certified and uncertified copies of EUTM and EUD applications, registration certificates, extracts of the Register and copies of the documents in the file (currently available only for EUTMs) can be automatically generated and downloaded: when the user is logged in via a direct link from the EUIPO website using the

Office’s online eSearch plus tool or from the eRegisters;

from within the Inspection of Files e-filing form;

from within the files for a selected EUTM or EUD; and

from the TMview and DesignView databases (application forms and registration

certificates). For certified copies, the document will be made available in PDF format, and will be composed of a cover page in the five Office languages, introducing the certified document and followed by the certified document itself. The document contains a unique identification code. Each page of the document bears a header and footer containing important elements in order to guarantee the authenticity of the certified copy: a unique identification code, a ‘copy’ stamp, the signature of the Office staff member responsible for issuing certified copies, the date of the certified copy, the EUTM/EUD number and page number. The date indicated is the date when the certified copy was automatically generated. The automatically generated certified copies have the same value as certified copies sent on paper upon request in EUTM proceedings, and can be used in either their electronic or printed format. Certified copies can be verified online using the unique identification code provided. A link ‘Verify certified copies’ is available under the ‘Databases’ section of the Office’s website. The unique identification code can be entered in the box provided in order to retrieve and display the original document from the Office’s online systems. The authenticity of certified copies of application or registration certificates downloaded from TMview or DesignView can also be verified in TMview or DesignView. For further information on the availability and content of the certificates, see paragraph 5.2.2.

5.2.1 Certified or uncertified extracts of the Registers

Article 63 EUTMDR

Decision EX-26-07 of the Executive Director of the Office of 1 July 2026 on the register of EU trade marks, the Register of EU designs, the database of proceedings before the Office, and on the case-law database.

Extracts from the EUTM and EUD Registers can be obtained through the following methods:

1. The eRegister: on entering the eRegister repository of an EUTM or EUD, a user who is logged into their User Area account has the option of downloading a certified copy

of the extract from the Register for this right. Generating this extract directly from the eRegister is free of charge.

2. An online request in the User Area: where this is carried out online through the User Area account, the user will be redirected to the eRegister repository (see point 1) to download a certified copy of the extract immediately and free of charge.

3. By post: This option is only available for EUTMs. The user may request, via the User Area, that the Office send an extract, or a similar request, by post. The Office will send the user the certified or uncertified extract that is retrieved from, and corresponds to, the extracts retrievable online through the eRegister. The request is subject to the payment of a fee pursuant to Article 111(7) EUTMR and point A.29 of Annex I EUTMR (see paragraph 5.4). Requests cannot be made for extracts of the EUD Register because Article 104(7) EUDR only allows the issuing of extracts by electronic means. For deferred designs, such extracts are subject to the conditions laid down in Article 109(5) EUDR and will therefore only contain the name of the holder, the name of any representative, the date of filing and registration, the file number of the application and the mention that publication is deferred.

5.2.2 Certified or uncertified copies of file documents

Copies of file documents constituting the EUTM and EUD files (see paragraph 4.2) can be obtained through the following methods: 1. Through eSearch plus: on entering the database information of the EUTM or EUD, a user who is logged in has the option of downloading a copy of specific file documents for this right. Downloading such documents directly from eSearch plus is free of charge. 2. An online request in the User Area: users may access the application form online through their user account where they will be invited to log in and complete the application for inspection of files requesting certified or uncertified copies of specific documents. Such requests are free of charge. 3. By post: this option is only available for EUTMs. The user may request, via the User Area, that the Office send certified or uncertified copies of specific documents by post. The Office will send the user the certified or uncertified document that is retrieved from, and corresponds to, the documents retrievable online through eSearch plus. The request is subject to the payment of a fee pursuant to Article 111(7) EUTMR and point A.29 of Annex I EUTMR (see paragraph 5.4). Requests cannot be made for documents of EU design files because Article 104(7) EUDR only allows the issuing of documents by electronic means. Certified copies of the EUTM or the EUD application will only be available when a filing date has been accorded (for EUTM filing date requirements, see the Guidelines, Part B, Examination, Section 2, Formalities; for EUD filing date requirements, see the Guidelines on Examination of Applications for Registered European Union Designs). In the case of an application for multiple designs, certified copies of the application will only be available for those designs that have been accorded a filing date.

Where the EUTM application or EUD registration has not yet been published, a request for certified or uncertified copies of the file documents will be subject to the restrictions listed in paragraphs 4.2.1 to 4.2.4. It should be borne in mind that the certified copy of the application or registration certificate only reflects the data on the date of application or registration. The trade mark or design may have been the subject of a transfer, surrender, partial surrender or other act affecting its scope of protection, which will not be reflected in the certified copy of the EUTM application form or EUTM/EUD registration certificate. Up-to-date information is available from the electronic database or by requesting a certified extract of the Register (see paragraph 5.2.1).

5.3 Written applications for inspection of files

Article 63 EUTMDR

Article 17 EUDDR

The alternative to online inspection via eSearch plus (see paragraph 5.1), is to file an application for inspection of files using the online filing form available in the User Area. Any language version of this form may be used, provided that it complies with the general language rules. See the Guidelines, Part A, General Rules, Section 4 Language of proceedings. Representation is not mandatory for filing an application for inspection of files. However, where a representative is appointed, the general rules for representation and authorisation apply. See the Guidelines, Part A, General Rules, Section 5, Professional Representation. The application for inspection of files must contain the following: An indication of the file number or registration number for which inspection is

applied. The name and address of the applicant for inspection of files.

If appropriate, an indication of the document or information for which inspection is

applied (applications may be made to inspect the whole file or specific documents only). In the case of an application to inspect a specific document, the nature of the document (e.g. ‘application’, ‘notice of opposition’) must be stated. The type of information needed must be specified where communication of

information from the file is applied for. An indication and evidence to the effect that the third party concerned has a right

to inspect the file in cases where the application for inspection relates to an EUTM application that has not yet been published, the application for an EUD that has not yet been published or an EUD that is subject to deferment of publication in accordance with Article 62 EUDR or which, being subject to such deferment, has been surrendered before or on the expiry of that period and inspection of the files is applied for by a third party.

Where printed copies are requested to be sent (for EUTM-related proceedings

only), an indication of the number of copies requested, whether they should be certified, and if the documents are to be presented in a third country requiring an authentication of the signature (legalisation), an indication of the countries for which authentication is required. Unless the applicant expressly requests printed copies to be sent by mail, the Office will provide an electronic copy of the requested, which will be notified through the User Area via electronic means of communication. The applicant’s signature. In accordance with Article 63(1) EUTMDR and Article

17(1) EUDDR the senderʼs name will be deemed to be equivalent to the signature. Where an application for inspection of the files fails to comply with the requirements concerning the contents of the application, the applicant for inspection will be invited to remedy the deficiencies. If the deficiencies are not remedied within the established time limit, the application for inspection will be refused.

5.4 Fees for inspection and communication of information contained in the files

Online inspection of files and the communication of information contained in the files, as well as the download of certified or uncertified copies of file documents or extracts from the Register are free of charge for both EUTM and EUD-related files. In EUTM-related proceedings, inspection and communication of information contained in the files on the Office’s premises or through issuing hard copies of those documents is subject to different fees as seen in the following paragraphs. These options are not available in EUD-related proceedings.

5.4.1 Communication of information contained in an EUTM-related file

Communication of information in a file is subject to payment of a fee of EUR 10.

5.4.2 Inspection of the files

A request for inspection of the files on the Office’s premises is subject to payment of a fee of EUR 30. Where the files are in electronic format, the Office will only provide electronic access to the files at the Office’s premises.

Where inspection of a file is done by the Office issuing uncertified copies of file documents, these copies are subject to the payment of a EUR 10 fee plus EUR 1 for every page exceeding ten.

An uncertified copy of an EUTM i) application; ii) certificate of registration; iii) extract from the Register; or iv) extract of the application from the database is subject to the payment of a EUR 10 fee per copy or extract.

Where inspection of a file is obtained through the issuing of certified copies of file documents, those copies are subject to payment of a fee of EUR 30 plus EUR 1 for every page exceeding ten.

A certified copy of an EUTM i) application; ii) certificate of registration; iii) extract from the Register; or iv) extract of the application from the database is subject to the payment of a EUR 30 fee per copy or extract.

5.4.3 Consequences of failure to pay

An application for inspection of files will be considered not to have been filed until the fee has been paid. The fees apply not only where the application for inspection has been filed by a third party, but also where it has been filed by the EUTM applicant or proprietor. The Office will not process the inspection application until the fee has been paid. However, if the fee is not paid in part or in full, the Office will notify the applicant for inspection by issuing a deficiency letter indicating the amount of fees to be paid. If the exact amount of the fee is not known to the applicant for inspection because its calculation depends on the number of pages to be issued, the Office will either include that information in the standard letter or inform the applicant for inspection by other appropriate means.

5.4.4 Refund of fees

Where an application for inspection of EUTM files is rejected, the corresponding fee is not refunded. Where, after the payment of the fee, the Office finds that not all the certified or uncertified copies requested may be issued (e.g. if the request concerns confidential documents and the applicant has not proven an overriding legitimate interest), any fees paid in excess of the amount actually due will be refunded.

5.5 Inspection of files of an unpublished EUTM application, or a deferred EUD, filed by a third party

Where an application for inspection of files for an EUTM application that has not yet been published, or for files relating to an EUD subject to deferment of publication in accordance with Article 62 EUDR, or for those which, subject to such deferment, have been surrendered before or on the expiry of that period (see paragraphs 4.2.1 and 4.2.2), is filed by a third party (i.e. by a person other than the EUTM or EUD applicant or its representative), the right to obtain the inspection of files will be granted only when the applicant has consented to the inspection (see paragraph 5.5.1) or when the requester has established a legitimate interest to inspect a file (see paragraph 5.5.2).

5.5.1 Consent

If an application by a third party is based on the grounds specified in Article 114(1) EUTMR (see paragraph 4.2.1) or in Articles 109(1) or 110(2)(a) EUDR (see paragraph 4.2.2), it must contain an indication and evidence to the effect that the EUTM applicant or EUD applicant or holder has consented to the inspection. The consent of the EUTM applicant or EUD applicant or holder must be in the form of a written statement in which it consents to the inspection of the particular file(s). Consent may be limited to inspection of certain parts of the file, such as the application, in which case the application for inspection of files may not exceed the scope of the consent. Where the applicant for inspection of files does not submit a written statement from the EUTM applicant, EUD applicant or holder consenting to the inspection of the files, the applicant for inspection will be notified and given two months from the date of notification to remedy the deficiency. If, after expiry of the time limit, no consent has been submitted, the Office will reject the application for inspection of files. The applicant for inspection will be informed of the decision to reject the application for inspection. The decision may be appealed by the applicant for inspection (Articles 67 and 68 EUTMR and Article 77 EUDR).

5.5.2 Legitimate interest in inspecting the file

Where the application relies on the allegation that the EUTM applicant or EUD proprietor will invoke the rights under the EUTM or EUD, once registered, it is up to the applicant for inspection to prove this allegation. The proof to be submitted must take the form of documents, such as, statements by the EUTM applicant or EUD applicant or holder for the right in question, business correspondence, etc. Filing an opposition based on an EUTM application against a national mark constitutes a statement that the EUTM will be invoked. Mere assumptions on the part of the applicant for inspection of the file will not constitute sufficient proof. The Office will first examine whether the proof is sufficient. If so, the Office will send the application for inspection of files and the supporting documents to the EUTM applicant or EUD applicant or holder and invite it to comment within two months. If the EUTM applicant or EUD applicant or holder submits comments contesting inspection of the files, the Office will send the comments to the applicant for inspection. Any further statement by the applicant for inspection will be sent to the EUTM applicant or EUD applicant or holder and vice versa. The Office will take into account all submissions made on time by the parties and decide accordingly. The Office’s decision will be notified to both the applicant for inspection of the files and the EUTM applicant or EUD applicant or holder. It may be appealed by the adversely affected party (Articles 67 and 68 EUTMR and Article 77 EUDR).

5.6 Grant of an application for inspection of files

Following a written application for inspection of files, when granted, the Office will send the requested copies of file documents, or requested information, as appropriate, to the applicant for inspection.

5.6.1 Communication of information contained in a file

Article 111 EUDR

Information contained in the file can be inspected by the user directly via eSearch plus free of charge (see paragraph 5.1). However, the Office may, on request, communicate information contained in any file relating to EUTM or EUD applications or registrations.

Information contained in the files will be provided without an application for inspection, such as, where the party concerned wishes to know whether a given EUTM application has been filed by a given applicant, the date of such application, or whether the list of goods and services has been amended in the period between the filing of the application and its publication. Having obtained this information, the party concerned may then decide whether or not to request copies of the relevant documents, or to apply for inspection of the file. Where the party concerned wishes to know, for example, which arguments an opponent has brought forward in opposition proceedings, which seniority documents have been filed, or the exact wording of the list of goods and services as filed, such information will not be provided. Instead the Office will advise the party to apply for inspection of the file. In such cases, the quantity and complexity of the information to be supplied would exceed reasonable limits and create an undue administrative burden.

5.6.2 Copies of file documents

Where inspection of the files is by means of the Office providing certified or uncertified copies of file documents, the party will be sent the requested documents.

5.6.3 Specific interest concerning the inspection applicant

Where a party shows a specific interest in knowing whether its file has been inspected and by whom, there should be a compromise between the general interest of the public to be able to inspect files of proceedings before the Office with a minimum of formalities and the parties’ specific interest to know who has inspected the file in exceptional, duly justified circumstances. Considering that online inspection requests are not communicated as a matter of course to the party whose file has been inspected, that party must put forward a reasoned and substantiated request showing that there are legitimate reasons for being informed if its file has been inspected, and by whom. The Office will not automatically grant such a request. Instead, on a case-by-case basis, it will balance these reasons against the explanations provided by the person who made the inspection within a period set by the Office to that effect, before any such request is granted.

6 Procedures to grant inspection of files or give access to the files to courts or authorities of the Member States

For the purposes of administrative cooperation, the Office will, on request, assist the courts or authorities of the Member States by communicating information or opening files for inspection. The Office will also, on request, communicate relevant information about the filing of EUTM or EUD applications and proceedings relating to such applications, and the marks or designs registered as a result thereof, to the central industrial property offices of the Member States. Inspection of the files relating to EUTM and EUD applications or registrations by courts or Member Statesʼ authorities will be granted by providing copies of the original documents in electronic format. The Office may provide printouts from the electronic system as an exception, if expressly demanded by the requesting authority.

6.1 Fees

Inspection of files and communication of information from the files requested by the courts or authorities of the Member States are not subject to the payment of fees. Courts or public prosecutors’ offices of a Member State may open to inspection by third parties files, or copies thereof, that have been transmitted to them by the Office. The Office will not charge any fee for such inspection.

6.2 No restriction as to unpublished applications

Inspection of files and communication of information from the files requested by the courts or authorities of the Member States is not subject to the restrictions contained in Article 114 EUTMR and Article 109 EUDR. Consequently, these bodies may be granted access to files relating to unpublished EUTM applications (see paragraph 4.2.1) and EUDs subject to deferment of publication (see paragraph 4.2.2), as well as to parts of the files for which the party concerned has expressed a special interest in keeping confidential. However, documents relating to exclusion and objection, as well as the documents referred to in Article 114(4) EUTMR and Article 109(4)(b) EUDR, will not be made available to these bodies. Courts or public prosecutors’ offices of the Member States may open to inspection by third parties files or copies that have been transmitted to them by the Office. Such subsequent inspection shall be subject to the restrictions contained in Article 114(4) EUTMR or Article 109 EUDR, as if the inspection had been requested by a third party. When transmitting files or copies thereof to the courts or public prosecutors’ offices of the Member States, the Office will indicate the restrictions imposed on inspection of files relating, on the one hand to EUTM applications or registrations pursuant to Article 114 EUTMR, and on the other hand to EUD applications or EUD registrations pursuant to Article 109 EUDR.