Questionnaire opposition 2010

 

It may occur that parties do not master the same language in an opposition procedure. This already applies to parties within the Benelux but self-evidently to an even greater extent if parties from outside the Benelux are involved in the opposition. In order to ensure that parties can still understand each other’s arguments and BOIP’s decisions in such a case, when the opposition procedure was introduced, a system (rules 1.20 to and including 1.24 in the IR) that would offer the necessary flexibility has been sought.

In short, the system that currently exists entails the following. The language of the proceedings is one of the two official languages of BOIP: Dutch or French. The defendant’s language is a deciding factor in this respect (in the case of a Benelux application this is the language of the application, in the case of an international application the defendant selects the language), unless parties have mutually selected the other language. Despite the fact that the language of the proceedings has been defined, parties may use the other of the two languages. In that case BOIP may arrange a translation (for account of the party using the other language). In addition, parties may mutually decide to exchange their arguments in English. However, the decision will always be taken in the language of the proceedings (Dutch or French) and, if desired, translated into one of these two languages. Documents supporting the arguments or demonstrating the use of a trademark may be in the original language and will be taken into consideration if BOIP deems that they can be sufficiently understood.

An example is as follows:
The opposition has been directed against a Benelux application. The disputed application is in French and the opponent speaks Dutch. French is therefore the language of the proceedings, unless parties mutually decide that the language of the proceedings should be Dutch. For the purpose of this example, the latter does not apply and parties have not agreed on the use of English. Although the language of the proceedings in this opposition is French, the opponent may submit arguments in Dutch. If the defendant would like a French translation, BOIP will then arrange a French translation and the costs will be charged to the opponent. Normally speaking, the defendant will in this case submit arguments in French and if the opponent would like BOIP to have these translated into Dutch, the costs of the Dutch translation will also be for account of the opponent. Parties may therefore use their own language. Translation through BOIP is optional and the costs of the translation will always be for account of the party using the other language or a translation into that language, instead of the language of the proceedings. Incidentally, the first four pages of the translation are free of charge, so costs will only be incurred if the arguments are longer.

Here is another is example:
The opposition has been directed against an international application. The opponent is Dutch, the defendant is a company in the USA. The defendant must decide what language he would like the proceedings to be carried out in (Dutch or French) and chooses French. Parties have agreed to exchange their arguments in English. BOIP’s decision, however, will be made in the language of the proceedings (French), and if the opponent would like to have a Dutch translation, he may request BOIP to provide such a translation (to be paid for).