Where the Office has made an entry in the Register or taken a decision which contains an
obvious error attributable to the Office, it shall ensure that the entry is cancelled or the
decision is revoked. Where there is only one party to the proceedings and the entry or the
act affects its rights, cancellation or revocation shall be determined even if the error was
not evident to the party.
Cancellation or revocation as referred to in paragraph 1 shall be determined, ex officio or at
the request of one of the parties to the proceedings, by the department which made the
entry or took the decision. The cancellation of the entry in the Register or the revocation of
the decision shall be effected within one year of the date on which the entry was made in
the Register or that decision was taken, after consultation with the parties to the
proceedings and any proprietor of rights to the EU trade mark in question that are entered
in the Register. The Office shall keep records of any such cancellation or revocation.
The Commission is empowered to adopt delegated acts in accordance with Article 208
specifying the procedure for the revocation of a decision or for the cancellation of an entry
in the Register.
This Article shall be without prejudice to the right of the parties to submit an appeal under
Articles 66 and 72, or to the possibility of correcting errors and manifest oversights under
Article 2012. Where an appeal has been filed against a decision of the Office containing an
error, the appeal proceedings shall become devoid of purpose upon revocation by the
Office of its decision pursuant to paragraph 1 of this Article. In the latter case, the appeal
fee shall be reimbursed to the appellant.