A whole range of European, national and intergovernmental offices and courts are involved in the designation law. In particular, each trade mark system (EU trade mark, national trade mark, international registration) has its own system of offices, against whose decisions judicial appeal is partially admissible. In addition, a number of trade mark-related claims, in particular the injunctive relief that is particularly important in practice, cannot be asserted before offices, but only before the regular courts.
The European Intellectual Property Office (EUIPO) in Alicante, Spain, is responsible for most procedures related to the registration and cancellation of EU trade marks.^[1] Appeals can be filed against decisions of the EUIPO, which in turn are decided by separate boards of appeal at the EUIPO. Appeals against the decisions of the Boards of Appeal can be lodged with the General Court of the European Union (GC) and - after admission - later with the Court of Justice of the European Union (CJEU).^[2]
Application procedures and a number of revocation and invalidity proceedings concerning German trade marks are handled by the German Patent and Trade Mark Office (DPMA). It is possible to appeal against its decisions to the DPMA and later to the Federal Patent Court (BPatG), otherwise an appeal can be made directly to the Federal Patent Court. Finally, under certain circumstances, an appeal against the decisions of the Federal Patent Court may be admissible before the Federal Court of Justice.^[3]
The request for an international registration is processed - in addition to the national offices - by WIPO/OMPI (World Intellectual Property Organisation = Organisation Mondiale de la Propriété Intellectuelle) in Geneva/Switzerland. There is no provision for an independent appeal against WIPO decisions, but this is hardly necessary since most significant decisions in the course of an international registration are taken by national offices.
In the case of German trademark conflicts, the action proceedings before the ordinary courts[4] always begin in the first instance at the regional courts. An appeal against their decisions is possible to the higher regional court and, under certain circumstances, an appeal on a point of law to the Federal Court of Justice.