The losing party in opposition proceedings, proceedings for revocation, proceedings for a
declaration of invalidity or appeal proceedings shall bear the fees paid by the other party.
Without prejudice to Article 146(7), the losing party shall also bear all costs incurred by
the other party that are essential to the proceedings, including travel and subsistence and
the remuneration of a representative within the meaning of Article 120(1), within the limits
of the scales set for each category of costs in the implementing act to be adopted in
accordance with paragraph 2 of this Article. The fees to be borne by the losing party shall
be limited to the fees paid by the other party for opposition, for an application for
revocation or for a declaration of invalidity of the EU trade mark and for appeal.
The Commission shall adopt implementing acts specifying the maximum rates for costs
essential to the proceedings and actually incurred by the successful party. Those
implementing acts shall be adopted in accordance with the examination procedure referred
to in Article 207(2).
When specifying such amounts with respect to travel and subsistence costs, the
Commission shall take into account the distance between the place of residence or business
of the party, representative or witness or expert and the place where the oral proceedings
are held, the procedural stage at which the costs have been incurred, and, as far as costs of
representation within the meaning of Article 120(1) are concerned, the need to ensure that
the obligation to bear the costs may not be misused for tactical reasons by the other party.
Subsistence expenses shall be calculated in accordance with the Staff Regulations of
Officials of the Union and the Conditions of Employment of Other Servants of the Union,
laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 'the Staff
Regulations' and 'Conditions of Employment' respectively).
The losing party shall bear the costs for one opposing party only and, where applicable,
one representative only.
However, where each party succeeds on some and fails on other heads, or if reasons of
equity so dictate, the Opposition Division, Cancellation Division or Board of Appeal shall
decide a different apportionment of costs.
The party who terminates the proceedings by withdrawing the EU trade mark application,
the opposition, the application for revocation of rights, the application for a declaration of
invalidity or the appeal, or by not renewing registration of the EU trade mark or by
surrendering the EU trade mark, shall bear the fees and the costs incurred by the other
party as stipulated in paragraphs 1 and 3.
Where a case does not proceed to judgment the costs shall be at the discretion of the
Opposition Division, Cancellation Division or Board of Appeal.
Where the parties conclude before the Opposition Division, Cancellation Division or Board
of Appeal a settlement of costs differing from that provided for in paragraphs 1 to 5, the
department concerned shall take note of that agreement.
The Opposition Division or Cancellation Division or Board of Appeal shall fix the amount
of the costs to be paid pursuant to paragraphs 1 to 6 of this Article when the costs to be
paid are limited to the fees paid to the Office and the representation costs. In all other
cases, the registry of the Board of Appeal or a member of the staff of the Opposition
Division or Cancellation Division shall fix, on request, the amount of the costs to be
reimbursed. The request shall be admissible only for the period of two months following
the date on which the decision for which an application was made for the costs to be fixed
becomes final and shall be accompanied by a bill and supporting evidence. For the costs of
representation pursuant to Article 120(1), an assurance by the representative that the costs
have been incurred shall be sufficient. For other costs, it shall be sufficient if their
plausibility is established. Where the amount of the costs is fixed pursuant to the first
sentence of this paragraph, representation costs shall be awarded at the level laid down in
the implementing act adopted pursuant to paragraph 2 of this Article and irrespective of
whether they have been actually incurred.
The decision on the fixing of costs, stating the reasons on which it is based, may be
reviewed by a decision of the Opposition Division or Cancellation Division or Board of
Appeal on a request filed within one month of the date of notification of the awarding of
costs. It shall not be deemed to be filed until the fee for reviewing the amount of the costs
has been paid. The Opposition Division, the Cancellation Division or the Board of Appeal,
as the case may be, shall take a decision on the request for a review of the decision on the
fixing of costs without oral proceedings.