PUBLIC REGISTER
Alicante, August 26, 2020
Ref.14/2020:
Mr. Peter Bergmann
By email: Peter Bergmann <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx>
Subject: Petition for documents
Dear Mr. Bergmann
The EUIPO has examined your request on the following questions concerning the trade marks:
1. word mark 'BEITRAGSSERVICE', file number 010588507
2. 2. word mark 'ARD ZDF Deutschlandradio BEITRAGSSERVICE', file number
010588961
3. 3. figurative mark 'ARD 1 ZDF Deutschlandradio BEITRAGSSERVICE', file
number 010589356
in which we understand you wish to know the following information:
If the use of the 3 above mentioned trademarks take place outside of trade, e.g. in
administrative law. If people cannot decide freely, but are forced under these 3 brands.
If we have information whether these 3 brands are used illegally?
Doing so on the basis of Regulation (EC) No 1049/2001 of the European Parliament and of
the Council regarding public access to European Parliament, Council and Commission
documents (Official Journal L 145, 31.5.2001, p. 43) and the specific provisions concerning
public access to documents set out in Decision No CA-03-22 of the Administrative Board of
the Office for the Harmonization in the Internal Market (24.11.2003) and has come to the
following conclusion:
Information on how to request inspection of files (access to a public EUTM file) and in which
cases it is free (online access to files) can be found in the Guidelines:
https://guidelines.euipo.europa.eu/1803468/1789174/trade-mark-guidelines/section-5-
inspection-of-files (also available in German).
For Online access to files, you must register in the “User Area” and in which case you will have
access to view the full content of any EUTM file that has been published (with the exception
of any documents that are marked as confidential). Therefore, if the EUTM holder submitted
any evidence of ‘acquired distinctiveness’ or if they submitted any evidence of use in an
opposition or cancellation proceeding, this will all be on file, accessible free of charge (in PDF
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www
.euipo.europa.eu
PUBLIC REGISTER
Potentially (and this may depend on the original version), with your reference to “illegal use” you could
be referring to possible TM infringement. If this is the case, reference is made to Article 124 EUTMR
that establishes that the EUTM Courts have exclusive jurisdiction in all infringement actions, in which
case any claim should be brought up with the relevant EUTM Court. EUIPO only reflects in the EUTM
Register the outcome of the final Court actions, as explained in the Guidelines:
https://guidelines.euipo.europa.eu/1803468/1786313/trade-mark-guidelines/1-introduction
If, upon receipt of the above information you still have any doubts, you should address any
specific question to t
he Information Service which handles particular trade mark questions and
not the Public Register which is mostly for for Administrative documents.
Please kindly note that under Article 7(2) of the Regulation you have 15 working days to make
a confirmatory application asking the EUIPO to reconsider its position.
Yours sincerely
Julie Miller Holmer
EUIPO Public Register
Avenida de Europa, 4 • E - 03008 • Alicante, Spain
Tel. +34 965139100 • www
.euipo.europa.eu