The EUIPO Boards of Appeal have adopted their Calendar Year Scheme for 2026, setting out the composition of the Boards and the rules for allocating appeals in EU trade mark, design and geographical indication cases.
The decision establishes the order of seniority of Chairpersons and Members, defines the composition of the individual Boards of Appeal and sets out how different types of cases will be distributed. The new scheme enters into force on 1 October 2026.
See the full text below:
DECISION 2026-17 OF 16 SEPTEMBER 2026 OF
THE PRESIDIUM OF THE BOARDS OF APPEAL
ON THE CALENDAR YEAR SCHEME FOR 2026
Having regard to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark1 (hereinafter referred to as the ‘EUTMR’), and in particular under Article 165, Article 166, and Article 167, Article 169 and Article 170 thereof,
Having regard to Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation (EC) No 2017/1001 of the European Parliament and of the Council on the European Union trade mark and repealing Delegated Regulation 2017/1430 of 18 May 2017 – having repealed Commission Regulations (EC) No 2868/95 and (EC) No 216/962 – (hereinafter referred to as the ‘EUTMDR’) and in particular Article 46(1)(a), Article 46(1)(e) Article 46(1)(g) thereof,
Having regard to Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs3 as amended by Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 (hereinafter referred to as the ‘EUDR’) and in particular Article 106 thereof,
Having regard to Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs4 as amended by Commission Implementing Regulation (EU) 2025/73 of 17 January 2025 (hereinafter referred to as the ‘EUDIR’),
Having regard to Decision 2024-05 on the Organisation of the Boards (hereinafter referred to as the ‘Decision on the Organisation of the Boards’) adopted by the Presidium on 2 August 2024,
Having regard to Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (hereinafter referred to as the ‘CIGIR’), and in particular Article 33 and Article 36 thereof,
Having regard to Commission Delegated Regulation (EU) 2025/1955 of 29 September 2025 supplementing Regulation (EU) 2023/2411 of the European Parliament and of the Council on
1OJ L 154, 16.6.2017, p. 1-99
2OJ L 104, 24.4.2018, p. 1–36
3OJ L 3, 5.1.2002, p. 1-24 (unofficial consolidation of 01/07/2013). OJ L, 2024/2822, 18.11.2024
4 OJ L 341, 12.12.2002, p. 28
Decision 2026-17 of 16 September 2026 of the Presidium of the Boards of Appeal on the Calendar Year Scheme for 2026 the protection of geographical indications for craft and industrial products (hereinafter referred to as the ‘CIGIDR’), and in particular Article 11 thereof,
Having regard to Commission Implementing Regulation (EU) 2025/1956 of 29 September 2025 laying down rules for the application of Regulation (EU) 2023/2411 of the European Parliament and of the Council on geographical indication protection for craft and industrial products (hereinafter referred to as ‘CIGIIR’),
Having regard to the decision MB-26-13 of 2 June 2026 of the Management Board of the Office to appoint Mr. Hugh O’Neill as member of the Boards of Appeal for a period of five years;
Having regard to the decision MB-26-14 of 2 June 2026 of the Management Board of the Office to appoint Ms. Antje Söder as member of the Boards of Appeal for a period of five years;
Having regard to the decision MB-26-16 of 2 June 2026 of the Management Board of the Office to extend the term of office of Mr. Philipp von Kapff as member of the Boards of Appeal for an additional five-year period, or until retirement if this age is reached during the new term of office;
Having regard to the decision MB-26-17 of 2 June 2026 of the Management Board of the Office to extend the term of office of Mr. Jan-Kees Govers as member of the Boards of Appeal for an additional five-year period, or until retirement if this age is reached during the new term of office;
Whereas:
(1) Pursuant to Article 166(4)(a) EUTMR, the Presidium is responsible for laying down the rules and organising the work of the Boards.
(2) Pursuant to Article 26 of the Decision on the Organisation of the Boards, every calendar year the Presidium establishes the seniority list of the Members of the Boards of Appeal for the purposes of Article 43 EUTMDR and the seniority list of the Chairpersons of the Boards of Appeal for the purposes of Article 45(3) EUTMDR and Article 47(1) and (2) EUTMDR.
(3) Pursuant to Article 1 of the Decision on the Organisation of the Boards, every calendar year the Presidium establishes a scheme for the distribution of cases applying objective criteria amongst the Boards of Appeal.
(4) Pursuant Article 106 EUDR in addition to the powers conferred upon it by EUTMR, the Boards of Appeal instituted by that Regulation shall be responsible for deciding on appeals against decisions of the examiners, the Department in charge of the Register and the Invalidity Divisions in connection with procedures laid down in the EUDR.
(5) It is therefore necessary to specify the adjustments and adaptations needed for design matters to the provisions concerning the organisation of the Boards of Appeal, including the composition on appeals in design cases of the Grand Board.
(6) Pursuant to Article 46(3) EUTMDR and to the Decision on the Organisation of the Boards, the decisions adopted by the Presidium in accordance with Article 43 EUTMDR (order of seniority of Chairpersons and Members and replacements of Members and Chairpersons), Article 45 EUTMDR (rotation list for Grand Board proceedings and the
2 Decision 2026-17 of 16 September 2026 of the Presidium of the Boards of Appeal on the Calendar Year Scheme for 2026 alternate of the Chairperson of the Grand Board), Article 46 EUTMDR (constitution of the Boards and allocation of appeal cases) shall be published in the Official Journal of the Office.
(7) According to Article 36 CIGIR, the Boards of Appeal established under Article 165 EUTMR shall also be competent for deciding on appeals against the decisions adopted by the Office under the CIGIR (‘Geographical Indication cases’).
(8) According to Recital (4) and Article 11 CIGIDR, in order to ensure an effective and efficient organisation of the Boards of Appeal, certain provisions of Title V of EUTMDR should be applicable mutatis mutandis also for the appeals under Article 33 CIGIR.
(9) In order to ensure effective and efficient organisation of the Boards of Appeal in the handling of appeals, the provisions of the present decision concerning European Union Trade Mark cases under the EUTMR shall apply mutatis mutandis to Geographical Indication cases under the CIGIR, unless otherwise provided below,
HAS ADOPTED THE FOLLOWING DECISION:
TITLE 1 – SENIORITY AND REPLACEMENT OF MEMBERS AND
CHAIRPERSONS AND LEGALLY QUALIFIED MEMBERS
(…)
ARTICLE 2
ORDER OF SENIORITY OF MEMBERS
Pursuant to Article 26 of the Decision on the Organisation of the Boards and in accordance with Article 43(1) EUTMDR, the order of seniority of the Members of the Boards of Appeal is as follows:
(…)
ARTICLE 3
REPLACEMENT OF THE CHAIRPERSON OF THE GRAND BOARD
Where the position of the President of the Boards of Appeal is vacant or where the President of the Boards of Appeal or the President ad interim is prevented from acting as the Chairperson of the Grand Board, the President of the Boards of Appeal or President ad interim shall be replaced pursuant to Article 45(3) and Article 47(2) EUTMDR, in that function and, as the case may be, as Rapporteur to the Grand Board, by the most senior Chairperson of the Boards of Appeal following the order mentioned in Article 1 of the present Decision
ARTICLE 4
REPLACEMENT OF THE CHAIRPERSONS OF THE BOARDS OF APPEAL
1. Pursuant to Article 43 EUTMDR and Article 26 of the Decision on the Organisation of the Boards, where the Chairperson of a Board of Appeal is prevented from acting in case of leave, sickness, inescapable commitments and exclusion pursuant to Article 169 EUTMR or where that position is vacant, that Chairperson shall be replaced by the most senior Member of the Boards of Appeal assigned to that Board in accordance with the list established in Article 2 of this decision.
2. When that Member is prevented from acting in case of leave, sickness, inescapable commitments and exclusion pursuant to Article 169 EUTMR the Chairperson shall be replaced by the most senior of the other Members of the Boards of Appeal assigned to that Board or, where no member of that Board of Appeal is available, by the most senior of the other members of the Boards of Appeal, in accordance with the list established in Article 2 of this decision.
ARTICLE 5
REPLACEMENT OF A MEMBER OF THE BOARDS OF APPEAL
Where a Member is prevented from acting in case of exclusion pursuant to Article 169 EUTMR the Member shall be replaced by the most senior Member of that Board, or where no other Member of that Board is available, by the other Members of the Boards of Appeal in accordance with the list established in Article 2 of this decision.
ARTICLE 6
LEGALLY QUALIFIED CHAIRPERSONS AND MEMBERS
1. For the application of Article 165 EUTMR, legally qualified chairpersons are: –
(…)
TITLE 2 – CONSTITUTION OF THE BOARDS OF APPEAL
ARTICLE 7
CONSTITUTION OF THE BOARDS OF APPEAL
1. The constitution of the Boards of Appeal, on the basis of the order of seniority pursuant to Article 43(1) EUTMDR and Article 3 and 4 of the Decision on the Organisation of the Boards, shall be as follows: – – – – –
2. The First Board of Appeal, the Second Board of Appeal, the Fourth Board of Appeal, the Fifth Board of Appeal are constituted as Boards of Appeal dealing with European Union
5 Decision 2026-17 of 16 September 2026 of the Presidium of the Boards of Appeal on the Calendar Year Scheme for 2026
Trade Mark and Geographical Indication cases in accordance with Article 3 of the Decision on the Organisation of the Boards.
3. The Third Board of Appeal is constituted as Board of Appeal dealing with European Union Design cases in accordance with Article 4 of the Decision on the Organisation of the Boards.
TITLE 3 – ALLOCATION OF APPEALS
ARTICLE 8
OBJECTIVE ALLOCATION CRITERIA CONCERNING APPEALS UNDER THE
EUTMR AND THE CIGIR
1. Pursuant to Article 15(2) and (4) of the Decision on the Organisation of the Boards and subject to the provisions of Article 18 of the Decision on the Organisation of the Boards, appeals shall be assigned to the First, Second, Fourth and Fifth Board of Appeal by rotation.
2. Appeals under EUTMR whose language of proceedings is German shall not be allocated to the Fourth Board of Appeal.
ARTICLE 9
ALLOCATION CONCERNING APPEALS UNDER THE EUDR
1. Pursuant to Article 15(3) of the Decision on the Organisation of the Boards, appeals under the EUDR shall be recorded by the Registry of the Boards of Appeal in the order in which they arrive in a specific list.
2. Appeals under the EUDR shall be allocated to the Third Board of Appeal.
TITLE 4 – GRAND BOARD
ARTICLE 10
LIST OF MEMBERS FOR APPEALS OR OPINIONS UNDER THE EUTMR AND
THE CIGIR
For the purposes of Article 8 of the Decision on the Organisation of the Boards, the list of Members of the Boards of Appeal in accordance with Article 167(2) EUTMR and Article 45(1) EUTMDR, when the case to be referred to the Grand Board concerns an appeal under the EUTMR and the CIGIR or the request for a reasoned opinion concerns questions on a point of law under the EUTMR, is the one mentioned in Article 2 of this decision.
ARTICLE 11
LIST OF MEMBERS FOR APPEALS OR OPINIONS UNDER THE EUDR
For the purposes of Article 8 of the Decision on the Organisation of the Boards, the list of Members of the Boards of Appeal in accordance with Article 167(2) EUTMR and Article 45(1) EUTMDR, when the case to be referred to the Grand Board concerns an appeal under the
6 Decision 2026-17 of 16 September 2026 of the Presidium of the Boards of Appeal on the Calendar Year Scheme for 2026
EUDR or the request for a reasoned opinion concerns questions on a point of law under the EUDR, is as follows:
(…)
TITLE 5 – FINAL PROVISIONS
ARTICLE 12
PUBLICATION
This Decision shall be published in the Official Journal of the Office.
ARTICLE 13
ENTRY INTO FORCE
1. Presidium Decision 2026-2 of 28 January 2026 is repealed.
2. This Decision shall enter into force on 1 October 2026.
ARTICLE 14
IMPLEMENTATION
In accordance with Article 166(4)(b) EUTMR, the President of the Boards of Appeal is entrusted with the implementation of the present Decision.
Done at Alicante, 16 September 2026
For the Presidium
President of the Boards
Sven STÜRMANN
