EUIPO Grand Board finally confirms Nightwatch decision on EUTM conversions


In a significant ruling, the Grand Board of the EUIPO affirmed that an EU Trade Mark (EUTM) application withdrawn during the appeal period after a refusal can be converted into a national application. This decision arose from a referral by the Executive Director, addressing the conversion process where EUTM applications may face registration challenges in specific Member States. The Grand Board clarified that "decision of the Office" in Article 139(2)(b) refers to final decisions, emphasizing that applicants retain the right to withdraw applications before a refusal becomes effective. This ruling alleviates unnecessary appeal costs for applicants seeking conversion post-refusal.



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