Article 18

1. Costs referred to in the first subparagraph of Article 109(2) of Regulation (EU) 2017/1001 shall be borne by the losing party on the basis of the following maximum rates:
(a) where the successful party is not represented, the travel and subsistence costs of that party for one person for the outward and return journey between the place of residence or the place of business and the place where oral proceedings are held pursuant to Article 49 of Delegated Regulation (EU) 2018/625, as follows:
 (i) the cost of the first-class rail fare including usual transport supplements where the total distance by rail does not exceed 800 km or the cost of the tourist-class airfare where the total distance by rail exceeds 800 km or the route includes a sea crossing;
 (ii) subsistence costs as laid down in Article 13 of Annex VII to 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 (10);

(b) travel costs of representatives pursuant to Article 120(1) of Regulation (EU) 2017/1001, at the rates provided for in point (a)(i) of this paragraph;
(c) costs of representation, within the meaning of Article 120(1) of Regulation (EU) 2017/1001, incurred by the successful party, as follows:
 (i) in opposition proceedings: EUR 300;
 (ii) in proceedings relating to the revocation or invalidity of an EU trade mark: EUR 450;
 (iii) in appeal proceedings: EUR 550;
 (iv) where oral proceedings have taken place to which the parties have been summoned pursuant to Article 49 of Delegated Regulation (EU) 2018/625, the amount referred to in points (i), (ii) or (iii) increased by EUR 400.

 

2. Where there are several applicants or proprietors of the EU trade mark application or registration or where there are several opposing parties or applicants for revocation or a declaration of invalidity that have filed the opposition or application for revocation or a declaration of invalidity jointly, the losing party shall bear the costs referred to in paragraph 1(a) for one such person only.


3. Where the successful party is represented by more than one representative within the meaning of Article 120(1) of Regulation (EU) 2017/1001, the losing party shall bear the costs referred to in paragraph 1(b) and (c) of this Article for one such person only.


4. The losing party shall not be obliged to reimburse the successful party for any costs, expenses and fees relating to proceedings before the Office other than those referred to in paragraphs 1, 2 and 3.

 

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(10)  Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (Staff Regulations of Officials) (OJ L 56, 4.3.1968, p. 1)