COMMON COMMUNICATION. Evidence in the Procedures of Trademark Appeals. Methods of Providing Evidence, Structure, Presentation and Handling of the Confidential Evidence


2021 03 31


The European Union Intellectual Property Office (EUIPO) has published a Common Communication on Evidence in Trademark Appeals prepared by EUIPO and the national intellectual property offices (NIPO).

The purpose of this document is to set out the general principles applicable to the evidence in the appeal proceedings of trademarks, in particular as regards their nature, means, the determination of their sources and dates, their structure and presentation, and the handling of confidential evidence.

The general practice in Lithuania will come into force on the 30th June, 2021, establishing the application of the recommendations in the following areas:

  • the types of the evidence and their admissibility at the appeal stage;
  • the means of proof and sources of evidence, including their certainty, accuracy and reliability;
  • setting the appropriate date for the evidence;
  • the confidentiality of evidence.

More information about Common standards and practices for enhanced transparency, consistency and certainty.