Regulation (EU) 2017/1001 (EUTMR) — European Union trade mark

Current as of 14 June 2017212 provisions

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["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 117"]
Administrative cooperation
Administrative cooperation 1. Unless otherwise provided in this Regulation or in national laws, the Office and the courts or authorities of the Member States…
["SECTION 1", "EU collective marks", "Article 78"]
Use of marks
Use of marks Use of an EU collective mark by any person who has authority to use it shall satisfy the requirements of this Regulation, provided that the other…
["SECTION 1", "EU collective marks", "Article 75"]
Regulations governing use of an EU collective mark
Regulations governing use of an EU collective mark 1. An applicant for an EU collective mark shall submit regulations governing use within two months of the…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 6"]
Means whereby an EU trade mark is obtained
Means whereby an EU trade mark is obtained An EU trade mark shall be obtained by registration.
["SECTION 2", "Grounds for revocation", "Article 58"]
Grounds for revocation
— Article 58 — Grounds for revocation 1. The rights of the proprietor of the EU trade mark shall be declared to be revoked on application to the Office or on…
["SECTION 4", "Observations by third parties and opposition", "Article 45"]
Observations by third parties
and opposition — Article 45 — Observations by third parties 1. Any natural or legal person and any group or body representing manufacturers, producers…
["SECTION 2", "Tasks of the office and cooperation to promote convergence", "Article 152"]
Cooperation to promote convergence of practices and tools
Cooperation to promote convergence of practices and tools 1. The Office and the central industrial property offices of the Member States and the Benelux Office…
["CHAPTER VII", "APPEALS", "Article 71"]
Decisions in respect of appeals
Decisions in respect of appeals 1. Following the examination as to the allowability of the appeal, the Board of Appeal shall decide on the appeal. The Board of…
["SECTION 5", "Implementation of procedures", "Article 163"]
Cancellation Divisions
shall be taken by three-member groups. At least one member shall be legally qualified. Decisions relating to costs or to procedures as specified in the acts…
["SECTION 2", "Application of national laws for the purpose of prohibiting the use of EU trade marks", "Article 138"]
Prior rights applicable to particular localities
Prior rights applicable to particular localities 1. The proprietor of an earlier right which only applies to a particular locality may oppose the use of the EU…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 125"]
International jurisdiction
International jurisdiction 1. Subject to the provisions of this Regulation as well as to any provisions of Regulation (EU) No 1215/2012 applicable by virtue of…
["SECTION 6", "Budget and financial control", "Article 181"]
Insufficient payments and refund of insignificant amounts
Insufficient payments and refund of insignificant amounts 1. A time limit for payment shall, in principle, be considered to have been observed only if the full…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 123"]
EU trade mark courts
EU trade mark courts 1. The Member States shall designate in their territories as limited a number as possible of national courts and tribunals of first and…
["SECTION 2", "Priority", "Article 35"]
Claiming priority
Claiming priority 1. Priority claims shall be filed together with the EU trade mark application and shall include the date, number and country of the previous…
["SECTION 2", "Effects of an EU trade mark", "Article 11"]
Date from which rights against third parties prevail
Date from which rights against third parties prevail 1. The rights conferred by an EU trade mark shall prevail against third parties from the date of…
["SECTION 3", "International registrations designating the Union", "Article 199"]
Legal effect of registration of transfers
Legal effect of registration of transfers The recordal of a change in the ownership of an international registration on the International Register shall have…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 118"]
Exchange of publications
Exchange of publications 1. The Office and the central industrial property offices of the Member States shall despatch to each other on request and for their…
["SECTION 2", "Effects of an EU trade mark", "Article 15"]
Exhaustion of the rights conferred by an EU trade mark
Exhaustion of the rights conferred by an EU trade mark 1. An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 211"]
Repeal
Repeal Regulation (EC) No 207/2009 is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in…
["SECTION 5", "Implementation of procedures", "Article 168"]
Delegation of powers
Delegation of powers The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details concerning the organisation of…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 183"]
Filing of an international application
Filing of an international application 1. International applications pursuant to Article 3 of the Madrid Protocol based on an application for an EU trade mark…
["SECTION 6", "Budget and financial control", "Article 173"]
Preparation of the budget
Preparation of the budget 1. The Executive Director shall draw up each year an estimate of the Office's revenue and expenditure for the following year and…
["SECTION 3", "International registrations designating the Union", "Article 193"]
Designation of goods and services and examination as to absolute grounds for refusal
Designation of goods and services and examination as to absolute grounds for refusal 1. International registrations designating the Union shall be subject to…
["SECTION 1", "General provisions", "Article 98"]
Notification
Notification 1. The Office shall, as a matter of course, notify those concerned of decisions and summonses and of any notice or other communication from which…
["SECTION 1", "General provisions", "Article 94"]
Decisions and communications of the Office
Decisions and communications of the Office 1. Decisions of the Office shall state the reasons on which they are based. They shall be based only on reasons or…
["SECTION 1", "General provisions", "Article 107"]
Reference to general principles
Reference to general principles In the absence of procedural provisions in this Regulation or in acts adopted pursuant to this Regulation, the Office shall…
["SECTION 3", "International registrations designating the Union", "Article 189"]
Effects of international registrations designating the Union
Effects of international registrations designating the Union 1. An international registration designating the Union shall, from the date of its registration…
["SECTION 4", "EU trade marks as objects of property", "Article 26"]
Procedure for entering licences and other rights in the Register
Procedure for entering licences and other rights in the Register 1. Article 20 (5) and (6) and the rules adopted pursuant to it and Article 20 (8) shall apply…
["SECTION 6", "Budget and financial control", "Article 177"]
Financial provisions
Financial provisions The Budget Committee shall, after consulting the Court of Auditors and the Commission, adopt internal financial provisions specifying, in…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 212"]
Entry into force
Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union…
["SECTION 6", "Budget and financial control", "Article 174"]
Audit and control
Audit and control 1. An internal audit function shall be set up within the Office, to be performed in compliance with the relevant international standards. The…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 132"]
Specific rules on related actions
Specific rules on related actions 1. An EU trade mark court hearing an action referred to in Article 124 other than an action for a declaration of…
["SECTION 5", "Implementation of procedures", "Article 162"]
Department in charge of the Register
shall be responsible for taking decisions in respect of entries in the Register. 2. It shall also be responsible for keeping the list of professional…
["SECTION 3", "Management Board", "Article 154"]
Composition of the Management Board
Composition of the Management Board 1. The Management Board shall be composed of one representative of each Member State, two representatives of the Commission…
["SECTION 1", "General provisions", "Article 96"]
Oral proceedings
before the examiners, the Opposition Division and the Department in charge of the Register shall not be public. 3. Oral proceedings, including delivery of the…
["SECTION 2", "Priority", "Article 37"]
Equivalence of Union filing with national filing
Equivalence of Union filing with national filing An EU trade mark application which has been accorded a date of filing shall, in the Member States, be…
["SECTION 1", "General provisions", "Article 148"]
Translation services
Translation services The translation services required for the functioning of the Office shall be provided by the Translation Centre for the Bodies of the…
["SECTION 1", "EU collective marks", "Article 77"]
Observations by third parties
Observations by third parties Where written observations on an EU collective mark are submitted to the Office pursuant to Article 45, those observations may…
["SECTION 1", "Examination of applications", "Article 41"]
Examination of the conditions of filing
Examination of the conditions of filing 1. The Office shall examine whether: (a) the EU trade mark application satisfies the requirements for the accordance of…
["SECTION 3", "Grounds for invalidity", "Article 61"]
Limitation in consequence of acquiescence
Limitation in consequence of acquiescence 1. Where the proprietor of an EU trade mark has acquiesced, for a period of five successive years, in the use of a…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 185"]
Recordal in the files and in the Register
Recordal in the files and in the Register 1. The date and number of an international registration based on an EU trade mark application shall be recorded in…
["SECTION 1", "EU collective marks", "Article 76"]
Refusal of the application
Refusal of the application 1. In addition to the grounds for refusal of an EU trade mark application provided for in Articles 41 and 42, an application for an…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 128"]
Counterclaims
Counterclaims 1. A counterclaim for revocation or for a declaration of invalidity may only be based on the grounds for revocation or invalidity mentioned in…
["SECTION 4", "EU trade marks as objects of property", "Article 27"]
Effects vis-à-vis third parties
Effects vis-à-vis third parties 1. Legal acts referred to in Articles 20, 22 and 25 concerning an EU trade mark shall have effects vis-à-vis third parties in…
["SECTION 3", "Management Board", "Article 156"]
Meetings
of the Management Board shall be convened by its chairperson. 2. The Executive Director shall take part in the deliberations, unless the Management Board…
["SECTION 2", "EU certification marks", "Article 93"]
Conversion
Conversion Without prejudice to Article 139(2), conversion of an application for an EU certification mark or of a registered EU certification mark shall not…
["SECTION 1", "General provisions", "Article 150"]
Security rules on the protection of classified and sensitive non-classified information
Security rules on the protection of classified and sensitive non-classified information The Office shall apply the security principles contained in the…
["SECTION 2", "EU certification marks", "Article 88"]
Amendment of the regulations governing use of the EU certification mark
Amendment of the regulations governing use of the EU certification mark 1. The proprietor of an EU certification mark shall submit to the Office any amended…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 210"]
Evaluation and review
Evaluation and review 1. By 24 March 2021, and every five years thereafter, the Commission shall evaluate the implementation of this Regulation. 2. The…
["CHAPTER VII", "APPEALS", "Article 73"]
Delegation of powers
Delegation of powers The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying: (a) the formal content of the notice of…
["SECTION 3", "Grounds for invalidity", "Article 59"]
Absolute grounds for invalidity
Absolute grounds for invalidity 1. An EU trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 124"]
Jurisdiction over infringement and validity
actions in respect of threatened infringement relating to EU trade marks; (b) for actions for declaration of non-infringement, if they are permitted under…
["SECTION 1", "Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters", "Article 122"]
Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
— Article 122 — Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 1. Unless otherwise…
["SECTION 3", "Management Board", "Article 153"]
Functions of the Management Board
Functions of the Management Board 1. Without prejudice to the functions attributed to the Budget Committee in Section 6, the Management Board shall have the…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 56"]
Division of the registration
Division of the registration 1. The proprietor of the EU trade mark may divide the registration by declaring that some of the goods or services included in the…
["SECTION 5", "Withdrawal, restriction, amendment and division of the application", "Article 50"]
Division of the application
Division of the application 1. The applicant may divide the application by declaring that some of the goods or services included in the original application…
["SECTION 1", "General provisions", "Article 95"]
Examination of the facts by the Office of its own motion
Examination of the facts by the Office of its own motion 1. In proceedings before it the Office shall examine the facts of its own motion; however, in…
["SECTION 2", "Search", "Article 43"]
Search report
Search report 1. The Office shall, at the request of the applicant for the EU trade mark when filing the application, draw up a European Union search report…
["SECTION 6", "Budget and financial control", "Article 171"]
Budget Committee
shall have the functions assigned to it in this Section. 2. Articles 154 and 155, Article 156(1) to (4), and (5), in so far as it relates to the election of…
["SECTION 1", "Filing of applications and the conditions which govern them", "Article 33"]
Designation and classification of goods and services
Designation and classification of goods and services 1. Goods and services in respect of which trade mark registration is applied for shall be classified in…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 187"]
Request for territorial extension subsequent to international registration
Request for territorial extension subsequent to international registration 1. A request for territorial extension made subsequent to an international…
["SECTION 2", "EU certification marks", "Article 86"]
Observations by third parties
Observations by third parties Where written observations on an EU certification mark are submitted to the Office pursuant to Article 45, those observations may…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 112"]
Database
Database 1. In addition to the obligation to keep a Register within the meaning of Article 111, the Office shall collect and store in an electronic database…
["SECTION 6", "Budget and financial control", "Article 180"]
Deemed date of payment
Deemed date of payment 1. In the cases referred to in the first subparagraph of Article 179 (1), the date on which the payment shall be considered to have been…
["SECTION 4", "EU trade marks as objects of property", "Article 20"]
Transfer
Transfer 1. An EU trade mark may be transferred, separately from any transfer of the undertaking, in respect of some or all of the goods or services for which…
["SECTION 1", "Filing of applications and the conditions which govern them", "Article 30"]
Filing of applications
and the conditions which govern them — Article 30 — Filing of applications 1. An application for an EU trade mark shall be filed at the Office. 2. The Office…
["SECTION 6", "Budget and financial control", "Article 172"]
Budget
and financial control — Article 172 — Budget 1. Estimates of all the Office's revenue and expenditure shall be prepared for each financial year and shall be…
["SECTION 3", "International registrations designating the Union", "Article 200"]
Legal effect of registration of licences and other rights
Legal effect of registration of licences and other rights The recordal of a licence or a restriction of the holder's right of disposal in respect of an…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 4"]
Signs of which an EU trade mark may consist
Signs of which an EU trade mark may consist An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters…
["SECTION 5", "Implementation of procedures", "Article 165"]
Boards of Appeal
shall be responsible for deciding on appeals from decisions taken pursuant to Articles 160 to 164. 2. The decisions of the Boards of Appeal shall be taken by…
["CHAPTER I", "GENERAL PROVISIONS", "Article 2"]
Office
(‘the Office’) is established. 2. All references in Union law to the Office for Harmonization in the Internal Market (Trade Marks and Designs) shall be read as…
["SECTION 2", "Effects of an EU trade mark", "Article 9"]
Rights conferred by an EU trade mark
Rights conferred by an EU trade mark 1. The registration of an EU trade mark shall confer on the proprietor exclusive rights therein. 2. Without prejudice to…
["SECTION 3", "International registrations designating the Union", "Article 190"]
Publication
Publication 1. The Office shall publish the date of registration of a mark designating the Union pursuant to Article 3(4) of the Madrid Protocol or the date of…
["SECTION 4", "Seniority of a national trade mark", "Article 40"]
Claiming seniority of a national trade mark after registration of an EU trade mark
Claiming seniority of a national trade mark after registration of an EU trade mark 1. The proprietor of an EU trade mark who is the proprietor of an earlier…
["SECTION 2", "Application of national laws for the purpose of prohibiting the use of EU trade marks", "Article 137"]
Prohibition of use of EU trade marks
Prohibition of use of EU trade marks 1. This Regulation shall, unless otherwise provided for, not affect the right existing under the laws of the Member States…
["SECTION 1", "General provisions", "Article 106"]
Interruption of proceedings
Interruption of proceedings 1. Proceedings before the Office shall be interrupted: (a) in the event of the death or legal incapacity of the applicant for, or…
["SECTION 2", "Tasks of the office and cooperation to promote convergence", "Article 151"]
Tasks of the Office
Tasks of the Office 1. The Office shall have the following tasks: (a) administration and promotion of the EU trade mark system established in this Regulation…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 186"]
Notification of the invalidity of the basic application or registration
Notification of the invalidity of the basic application or registration 1. Within a period of five years of the date of the international registration, the…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 115"]
Keeping of files
Keeping of files 1. The Office shall keep the files of any procedure relating to an EU trade mark application or EU trade mark registration. The Executive…
["SECTION 1", "General provisions", "Article 146"]
Languages
Languages 1. The application for an EU trade mark shall be filed in one of the official languages of the Union. 2. The languages of the Office shall be…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 129"]
Applicable law
Applicable law 1. The EU trade mark courts shall apply the provisions of this Regulation. 2. On all trade mark matters not covered by this Regulation, the…
["SECTION 3", "Exhibition priority", "Article 38"]
Exhibition priority
— Article 38 — Exhibition priority 1. If an applicant for an EU trade mark has displayed goods or services under the mark applied for, at an official or…
["SECTION 1", "EU collective marks", "Article 82"]
Grounds for invalidity
Grounds for invalidity Apart from the grounds for invalidity provided for in Articles 59 and 60, an EU collective mark which is registered in breach of the…
["SECTION 2", "Effects of an EU trade mark", "Article 13"]
Prohibition of the use of an EU trade mark registered in the name of an agent or representative
Prohibition of the use of an EU trade mark registered in the name of an agent or representative Where an EU trade mark is registered in the name of the agent…
["SECTION 3", "International registrations designating the Union", "Article 205"]
Communication with the International Bureau
shall be in a manner and format agreed on between the International Bureau and the Office, and preferably be by electronic means. Any reference to forms shall…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 113"]
Online access to decisions
Online access to decisions 1. The decisions of the Office shall be made available online for the information and consultation of the general public in the…
["SECTION 2", "EU certification marks", "Article 85"]
Refusal of the application
Refusal of the application 1. In addition to the grounds for refusal of an EU trade mark application provided for in Articles 41 and 42, an application for an…
["SECTION 3", "Conversion into a national trade mark application", "Article 140"]
Submission, publication and transmission of the request for conversion
Submission, publication and transmission of the request for conversion 1. A request for conversion shall be filed with the Office within the relevant period…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 184"]
Form and contents of the international application
Form and contents of the international application 1. The international application shall be filed in one of the official languages of the Union, using a form…
["CHAPTER VII", "APPEALS", "Article 72"]
Actions before the Court of Justice
Actions before the Court of Justice 1. Actions may be brought before the General Court against decisions of the Boards of Appeal in relation to appeals. 2. The…
["SECTION 3", "International registrations designating the Union", "Article 198"]
Invalidation of the effects of an international registration
Invalidation of the effects of an international registration 1. The effects of an international registration designating the Union may be declared invalid. 2…
["SECTION I", "General provisions", "Article 182"]
Application of provisions
Application of provisions Unless otherwise specified in this chapter, this Regulation and the acts adopted pursuant to this Regulation shall apply to…
["SECTION 6", "Budget and financial control", "Article 179"]
Payment of fees and charges
Payment of fees and charges 1. Fees and charges due to the Office shall be paid by payment or transfer to a bank account held by the Office. With the consent…
["SECTION 2", "Effects of an EU trade mark", "Article 17"]
Complementary application of national law relating to infringement
Complementary application of national law relating to infringement 1. The effects of EU trade marks shall be governed solely by the provisions of this…
["SECTION 3", "Use of an EU trade mark", "Article 18"]
Use of an EU trade mark
— Article 18 — Use of an EU trade mark 1. If, within a period of five years following registration, the proprietor has not put the EU trade mark to genuine use…
["CHAPTER VII", "APPEALS", "Article 67"]
Persons entitled to appeal and to be parties to appeal proceedings
Persons entitled to appeal and to be parties to appeal proceedings Any party to proceedings adversely affected by a decision may appeal. Any other parties to…
["SECTION 5", "Implementation of procedures", "Article 169"]
Exclusion and objection
Exclusion and objection 1. Examiners and members of the Divisions set up within the Office or of the Boards of Appeal may not take part in any proceedings if…
["SECTION 5", "Proceedings in the office in relation to revocation or invalidity", "Article 63"]
Application for revocation or for a declaration of invalidity
Application for revocation or for a declaration of invalidity 1. An application for revocation of the rights of the proprietor of an EU trade mark or for a…
["SECTION 2", "EU certification marks", "Article 83"]
EU certification marks
— Article 83 — EU certification marks 1. An EU certification mark shall be an EU trade mark which is described as such when the mark is applied for and is…
["SECTION 4", "EU trade marks as objects of property", "Article 23"]
Levy of execution
Levy of execution 1. An EU trade mark may be levied in execution. 2. As regards the procedure for levy of execution in respect of an EU trade mark, the courts…
["SECTION 2", "EU certification marks", "Article 90"]
Persons who are entitled to bring an action for infringement
Persons who are entitled to bring an action for infringement 1. Only the proprietor of an EU certification mark, or any person specifically authorised by him…
["SECTION 2", "Effects of an EU trade mark", "Article 12"]
Reproduction of an EU trade mark in a dictionary
Reproduction of an EU trade mark in a dictionary If the reproduction of an EU trade mark in a dictionary, encyclopaedia or similar reference work gives the…
["SECTION 4", "Observations by third parties and opposition", "Article 47"]
Examination of opposition
Examination of opposition 1. In the examination of the opposition the Office shall invite the parties, as often as necessary, to file observations, within a…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 116"]
Periodical publications
Periodical publications 1. The Office shall periodically publish: (a) a European Union Trade Marks Bulletin containing publications of applications and of…
["SECTION 5", "Implementation of procedures", "Article 166"]
Independence of the members of the Boards of Appeal
Independence of the members of the Boards of Appeal 1. The President of the Boards of Appeal and the chairpersons of the Boards shall be appointed, in…
["SECTION 3", "International registrations designating the Union", "Article 203"]
Use of a mark subject of an international registration
Use of a mark subject of an international registration For the purposes of applying Article 18(1), Article 47(2), Article 58(1)(a) and Article 64(2), the date…
["SECTION 6", "Budget and financial control", "Article 176"]
Auditing of accounts
Auditing of accounts 1. Not later than 31 March in each year the Executive Director shall transmit to the Commission, the European Parliament, the Budget…
["SECTION 1", "Examination of applications", "Article 42"]
Examination as to absolute grounds for refusal
Examination as to absolute grounds for refusal 1. Where, under Article 7, a trade mark is ineligible for registration in respect of some or all of the goods or…
["SECTION 1", "Filing of applications and the conditions which govern them", "Article 32"]
Date of filing
Date of filing The date of filing of an EU trade mark application shall be the date on which the documents containing the information specified in Article…
["CHAPTER VII", "APPEALS", "Article 68"]
Time limit and form of appeal
Time limit and form of appeal 1. Notice of appeal shall be filed in writing at the Office within two months of the date of notification of the decision. The…
["SECTION 3", "Grounds for invalidity", "Article 60"]
Relative grounds for invalidity
Relative grounds for invalidity 1. An EU trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement…
["SECTION 6", "Budget and financial control", "Article 178"]
Fees and charges and due date
Fees and charges and due date 1. The Executive Director shall lay down the amount to be charged for any services rendered by the Office other than those set…
["SECTION 2", "EU certification marks", "Article 87"]
Use of the EU certification mark
Use of the EU certification mark Use of an EU certification mark by any person who has authority to use it pursuant to the regulations governing use referred…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 114"]
Inspection of files
Inspection of files 1. The files relating to EU trade mark applications which have not yet been published shall not be made available for inspection without…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 209"]
Provisions relating to the enlargement of the Union
Provisions relating to the enlargement of the Union 1. As of the date of accession of Bulgaria, the Czech Republic, Estonia, Croatia, Cyprus, Latvia…
["SECTION 5", "Implementation of procedures", "Article 161"]
Opposition Divisions
shall be taken by three-member groups. At least one member shall be legally qualified. Decisions relating to costs or to procedures shall be taken by a single…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 55"]
Change of the name or address
Change of the name or address 1. A change of the name or address of the proprietor of the EU trade mark which is not an alteration of the EU trade mark…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 208"]
Exercise of the delegation
Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The…
["SECTION 2", "Costs", "Article 110"]
Enforcement of decisions fixing the amount of costs
Enforcement of decisions fixing the amount of costs 1. Any final decision of the Office fixing the amount of costs shall be enforceable. 2. Enforcement shall…
["SECTION 5", "Proceedings in the office in relation to revocation or invalidity", "Article 64"]
Examination of the application
Examination of the application 1. On the examination of the application for revocation of rights or for a declaration of invalidity, the Office shall invite…
["SECTION 4", "Executive Director", "Article 158"]
Appointment and removal of the Executive Director and extension of term of office
Appointment and removal of the Executive Director and extension of term of office 1. The Executive Director shall be engaged as a temporary agent of the Office…
["SECTION 3", "International registrations designating the Union", "Article 191"]
Seniority claimed in an international application
Seniority claimed in an international application 1. The applicant for an international registration designating the Union may claim, in the international…
["SECTION 5", "Implementation of procedures", "Article 167"]
Presidium of the Boards of Appeal and Grand Board
Presidium of the Boards of Appeal and Grand Board 1. The Presidium shall comprise the President of the Boards of Appeal, who shall chair it, the chairmen of…
["SECTION 2", "Effects of an EU trade mark", "Article 14"]
Limitation of the effects of an EU trade mark
Limitation of the effects of an EU trade mark 1. An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 207"]
Committee Procedure
Committee Procedure 1. The Commission shall be assisted by a Committee on Implementation Rules. That committee shall be a committee within the meaning of…
["SECTION 4", "EU trade marks as objects of property", "Article 28"]
The application for an EU trade mark as an object of property
The application for an EU trade mark as an object of property Articles 19 to 27 shall apply to applications for EU trade marks.
["SECTION 4", "Observations by third parties and opposition", "Article 48"]
Delegation of powers
Delegation of powers The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details of the procedure for filing and…
["SECTION 5", "Proceedings in the office in relation to revocation or invalidity", "Article 65"]
Delegation of powers
Delegation of powers The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details of the procedures governing the…
["SECTION 3", "Conversion into a national trade mark application", "Article 141"]
Formal requirements for conversion
Formal requirements for conversion 1. Any central industrial property office to which the request for conversion is transmitted may obtain from the Office any…
["SECTION 1", "General provisions", "Article 149"]
Transparency
Transparency 1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council (16) shall apply to documents held by the Office. 2. The Management…
["SECTION 1", "EU collective marks", "Article 80"]
Persons who are entitled to bring an action for infringement
Persons who are entitled to bring an action for infringement 1. The provisions of Article 25(3) and (4) concerning the rights of licensees shall apply to every…
["SECTION 1", "General provisions", "Article 104"]
Restitutio in integrum
Restitutio in integrum 1. The applicant for or proprietor of an EU trade mark or any other party to proceedings before the Office who, in spite of all due care…
["SECTION 1", "General provisions", "Article 99"]
Notification of loss of rights
Notification of loss of rights Where the Office finds that the loss of any rights results from this Regulation or acts adopted pursuant to this Regulation…
["SECTION 3", "Other disputes concerning EU trade marks", "Article 134"]
Supplementary provisions on the jurisdiction of national courts other than EU trade mark courts
Supplementary provisions on the jurisdiction of national courts other than EU trade mark courts 1. Within the Member State whose courts have jurisdiction under…
["SECTION 2", "Effects of an EU trade mark", "Article 16"]
Intervening right of the proprietor of a later registered trade mark as a defence in infringement proceedings
Intervening right of the proprietor of a later registered trade mark as a defence in infringement proceedings 1. In infringement proceedings, the proprietor of…
["SECTION 3", "Publication of the application", "Article 44"]
Publication of the application
— Article 44 — Publication of the application 1. If the conditions which the application for an EU trade mark is required to satisfy have been fulfilled, the…
["SECTION 1", "General provisions", "Article 145"]
Liability
Liability 1. The contractual liability of the Office shall be governed by the law applicable to the contract in question. 2. The Court of Justice shall be…
["SECTION 5", "Implementation of procedures", "Article 160"]
Examiners
Examiners An examiner shall be responsible for taking decisions on behalf of the Office in relation to an application for registration of an EU trade mark…
["SECTION 4", "EU trade marks as objects of property", "Article 29"]
Procedure for cancelling or modifying the entry in the Register of licences and other rights
Procedure for cancelling or modifying the entry in the Register of licences and other rights 1. A registration effected under Article 26(1) shall be cancelled…
["SECTION 1", "General provisions", "Article 102"]
Correction of errors and manifest oversights
Correction of errors and manifest oversights 1. The Office shall correct any linguistic errors or errors of transcription and manifest oversights in its…
["SECTION 1", "EU collective marks", "Article 74"]
EU collective marks
— Article 74 — EU collective marks 1. A European Union collective mark (‘EU collective mark’) shall be an EU trade mark which is described as such when the…
["SECTION 3", "International registrations designating the Union", "Article 201"]
Examination of requests for registration of transfers, licences or restrictions of a holder's right of disposal
Examination of requests for registration of transfers, licences or restrictions of a holder's right of disposal The Office shall transmit requests to register…
["SECTION 2", "EU certification marks", "Article 84"]
Regulations governing use of an EU certification mark
Regulations governing use of an EU certification mark 1. An applicant for an EU certification mark shall submit regulations governing the use of the EU…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 8"]
Relative grounds for refusal
Relative grounds for refusal 1. Upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered: (a) if it is…
["SECTION 5", "Withdrawal, restriction, amendment and division of the application", "Article 49"]
Withdrawal, restriction and amendment of the application
Withdrawal, restriction and amendment of the application 1. The applicant may at any time withdraw his EU trade mark application or restrict the list of goods…
["SECTION 1", "General provisions", "Article 97"]
Taking of evidence
Taking of evidence 1. In any proceedings before the Office, the means of giving or obtaining evidence shall include the following: (a) hearing the parties; (b)…
["SECTION 1", "General provisions", "Article 100"]
Communications to the Office
Communications to the Office 1. Communications addressed to the Office may be effected by electronic means. The Executive Director shall determine to what…
["SECTION 4", "Observations by third parties and opposition", "Article 46"]
Opposition
Opposition 1. Within a period of three months following the publication of an EU trade mark application, notice of opposition to registration of the trade mark…
["SECTION 1", "EU collective marks", "Article 81"]
Grounds for revocation
Grounds for revocation Apart from the grounds for revocation provided for in Article 58, the rights of the proprietor of an EU collective mark shall be revoked…
["SECTION 1", "Civil actions on the basis of more than one trade mark", "Article 136"]
Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks
Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks 1. Where actions for infringement involving the same cause of…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 111"]
Register of EU trade marks
which it shall keep up to date. 2. The Register shall contain the following entries relating to EU trade mark applications and registrations: (a) the date of…
["SECTION 2", "Priority", "Article 34"]
Right of priority
Right of priority 1. A person who has duly filed an application for a trade mark in or in respect of any State party to the Paris Convention or to the…
["SECTION 1", "EU collective marks", "Article 79"]
Amendment of the regulations governing use of the EU collective mark
Amendment of the regulations governing use of the EU collective mark 1. The proprietor of an EU collective mark shall submit to the Office any amended…
["SECTION 2", "Priority", "Article 36"]
Effect of priority right
Effect of priority right The right of priority shall have the effect that the date of priority shall count as the date of filing of the EU trade mark…
["SECTION 2", "Costs", "Article 109"]
Costs
— Article 109 — Costs 1. The losing party in opposition proceedings, proceedings for revocation, proceedings for a declaration of invalidity or appeal…
["SECTION 1", "General provisions", "Article 147"]
Publication and entries in the Register
Publication and entries in the Register 1. An application for an EU trade mark, as described in Article 31(1), and all other information the publication of…
["SECTION 3", "International registrations designating the Union", "Article 195"]
Search
Search 1. Once the Office has received a notification of an international registration designating the Union, it shall draw up a Union search report as…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 127"]
Presumption of validity — Defence as to the merits
Defence as to the merits 1. The EU trade mark courts shall treat the EU trade mark as valid unless its validity is put in issue by the defendant with a…
["SECTION 3", "International registrations designating the Union", "Article 196"]
Opposition
Opposition 1. International registration designating the Union shall be subject to opposition in the same way as published EU trade mark applications. 2…
["SECTION 5", "Implementation of procedures", "Article 170"]
Mediation centre
Mediation centre 1. For the purposes of Article 151 (3), the Office may establish a Mediation Centre (‘the Centre’). 2. Any natural or legal person may use the…
["SECTION 5", "Implementation of procedures", "Article 159"]
Competence
Competence For taking decisions in connection with the procedures laid down in this Regulation, the following shall be competent: (a) examiners; (b) Opposition…
["SECTION 3", "Management Board", "Article 155"]
Chairperson of the Management Board
Chairperson of the Management Board 1. The Management Board shall elect a chairperson and a deputy chairperson from among its members. The deputy chairperson…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 126"]
Extent of jurisdiction
Extent of jurisdiction 1. An EU trade mark court whose jurisdiction is based on Article 125(1) to (4) shall have jurisdiction in respect of: (a) acts of…
["SECTION 6", "Registration", "Article 51"]
Registration
— Article 51 — Registration 1. Where an application meets the requirements set out in this Regulation and where no notice of opposition has been given within…
["SECTION 4", "EU trade marks as objects of property", "Article 21"]
Transfer of a trade mark registered in the name of an agent
Transfer of a trade mark registered in the name of an agent 1. Where an EU trade mark is registered in the name of the agent or representative of a person who…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 133"]
Jurisdiction of EU trade mark courts of second instance — Further appeal
Further appeal 1. An appeal to the EU trade mark courts of second instance shall lie from judgments of the EU trade mark courts of first instance in respect of…
["SECTION 3", "International registrations designating the Union", "Article 206"]
Use of languages
Use of languages For the purpose of applying this Regulation, and rules adopted pursuant to it, to international registrations designating the Union, the…
["SECTION 1", "General provisions", "Article 143"]
Staff
Regulations, the Conditions of Employment and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations…
["SECTION 4", "EU trade marks as objects of property", "Article 25"]
Licensing
Licensing 1. An EU trade mark may be licensed for some or all of the goods or services for which it is registered and for the whole or part of the Union. A…
["SECTION 1", "Surrender", "Article 57"]
Surrender
— Article 57 — Surrender 1. An EU trade mark may be surrendered in respect of some or all of the goods or services for which it is registered. 2. The surrender…
["SECTION 6", "Budget and financial control", "Article 175"]
Combating fraud
Combating fraud 1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU, Euratom) No 883/2013 of the European…
["SECTION 1", "Filing of applications and the conditions which govern them", "Article 31"]
Conditions with which applications must comply
Conditions with which applications must comply 1. An application for an EU trade mark shall contain: (a) a request for the registration of an EU trade mark…
["SECTION 3", "International registrations designating the Union", "Article 192"]
Seniority claimed before the Office
Seniority claimed before the Office 1. The holder of an international registration designating the Union may, as from the date of publication of the effects of…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 130"]
Sanctions
Sanctions 1. Where an EU trade mark court finds that the defendant has infringed or threatened to infringe an EU trade mark, it shall, unless there are special…
["SECTION 2", "EU certification marks", "Article 89"]
Transfer
Transfer By way of derogation from Article 20(1), an EU certification mark may only be transferred to a person who meets the requirements of Article 83(2).
["SECTION 1", "General provisions", "Article 101"]
Time limits
shall be laid down in terms of full years, months, weeks or days. Calculation shall start on the day following the day on which the relevant event occurred…
["CHAPTER VII", "APPEALS", "Article 70"]
Examination of appeals
Examination of appeals 1. If the appeal is admissible, the Board of Appeal shall examine whether the appeal is allowable. 2. In the examination of the appeal…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 5"]
Persons who can be proprietors of EU trade marks
Persons who can be proprietors of EU trade marks Any natural or legal person, including authorities established under public law, may be the proprietor of an…
["SECTION 4", "EU trade marks as objects of property", "Article 24"]
Insolvency proceedings
Insolvency proceedings 1. The only insolvency proceedings in which an EU trade mark may be involved are those opened in the Member State in the territory of…
["CHAPTER I", "GENERAL PROVISIONS", "Article 1"]
EU trade mark
shall have a unitary character. It shall have equal effect throughout the Union: it shall not be registered, transferred or surrendered or be the subject of a…
["SECTION 4", "EU trade marks as objects of property", "Article 19"]
Dealing with EU trade marks as national trade marks
Dealing with EU trade marks as national trade marks 1. Unless Articles 20 to 28 provide otherwise, an EU trade mark as an object of property shall be dealt…
["SECTION 4", "Consequences of revocation and invalidity", "Article 62"]
Consequences of revocation and invalidity
— Article 62 — Consequences of revocation and invalidity 1. The EU trade mark shall be deemed not to have had, as from the date of the application for…
["SECTION 2", "EU certification marks", "Article 91"]
Grounds for revocation
Grounds for revocation In addition to the grounds for revocation provided for in Article 58, the rights of the proprietor of an EU certification mark shall be…
["SECTION 4", "Executive Director", "Article 157"]
Functions of the Executive Director
Functions of the Executive Director 1. The Office shall be managed by the Executive Director. The Executive Director shall be accountable to the Management…
["SECTION 5", "Implementation of procedures", "Article 164"]
General Competence
General Competence Decisions required under this Regulation which do not fall within the competence of an examiner, an Opposition Division, a Cancellation…
["CHAPTER I", "GENERAL PROVISIONS", "Article 3"]
Capacity to act
Capacity to act For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the…
["SECTION 4", "Representation", "Article 120"]
Professional representatives
Professional representatives 1. Representation of natural or legal persons before the Office may only be undertaken by: (a) a legal practitioner qualified in…
["SECTION 4", "Seniority of a national trade mark", "Article 39"]
Claiming seniority of a national trade mark in an application for an EU trade mark or subsequent to the filing of the application
Claiming seniority of a national trade mark in an application for an EU trade mark or subsequent to the filing of the application 1. The proprietor of an…
["CHAPTER VII", "APPEALS", "Article 66"]
Decisions subject to appeal
Decisions subject to appeal 1. An appeal shall lie from decisions of any of the decision-making instances of the Office listed in points (a) to (d) of Article…
["SECTION 3", "International registrations designating the Union", "Article 202"]
Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States
Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States 1…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 131"]
Provisional and protective measures
Provisional and protective measures 1. Application may be made to the courts of a Member State, including EU trade mark courts, for such provisional, including…
["SECTION 2", "EU certification marks", "Article 92"]
Grounds for invalidity
Grounds for invalidity In addition to the grounds for invalidity provided for in Articles 59 and 60, an EU certification mark which is registered in breach of…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 52"]
Duration of registration
Duration of registration EU trade marks shall be registered for a period of 10 years from the date of filing of the application. Registration may be renewed in…
["SECTION 3", "Conversion into a national trade mark application", "Article 139"]
Request for the application of national procedure
Request for the application of national procedure 1. The applicant for or proprietor of an EU trade mark may request the conversion of his EU trade mark…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 7"]
Absolute grounds for refusal
Absolute grounds for refusal 1. The following shall not be registered: (a) signs which do not conform to the requirements of Article 4; (b) trade marks which…
["SECTION 2", "Effects of an EU trade mark", "Article 10"]
Right to prohibit preparatory acts in relation to the use of packaging or other means
Right to prohibit preparatory acts in relation to the use of packaging or other means Where the risk exists that the packaging, labels, tags, security or…
["SECTION 4", "EU trade marks as objects of property", "Article 22"]
Rights in rem
Rights in rem 1. An EU trade mark may, independently of the undertaking, be given as security or be the subject of rights in rem. 2. At the request of one of…
["SECTION 1", "General provisions", "Article 142"]
Legal status
Legal status 1. The Office shall be an agency of the Union. It shall have legal personality. 2. In each of the Member States the Office shall enjoy the most…
["CHAPTER VII", "APPEALS", "Article 69"]
Revision of decisions in ex parte cases
Revision of decisions in ex parte cases 1. If the party which has lodged the appeal is the sole party to the procedure, and if the department whose decision is…
["SECTION 3", "Other disputes concerning EU trade marks", "Article 135"]
Obligation of the national court
Obligation of the national court A national court which is dealing with an action relating to an EU trade mark, other than the action referred to in Article…
["SECTION 1", "General provisions", "Article 103"]
Revocation of decisions
Revocation of decisions 1. Where the Office has made an entry in the Register or taken a decision which contains an obvious error attributable to the Office…
["SECTION 4", "Representation", "Article 119"]
General principles of representation
General principles of representation 1. Subject to the provisions of paragraph 2, no person shall be compelled to be represented before the Office. 2. Without…
["SECTION 3", "International registrations designating the Union", "Article 197"]
Replacement of an EU trade mark by an international registration
Replacement of an EU trade mark by an international registration The Office shall, upon request, enter a notice in the Register that an EU trade mark is deemed…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 53"]
Renewal
Renewal 1. Registration of the EU trade mark shall be renewed at the request of the proprietor of the EU trade mark or any person expressly authorised by him…
["SECTION 3", "International registrations designating the Union", "Article 204"]
Transformation
Transformation 1. Subject to paragraph 2, the provisions applicable to EU trade mark applications shall apply mutatis mutandis to applications for…
["SECTION 4", "Representation", "Article 121"]
Delegation of powers
Delegation of powers The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying: (a) the conditions and the procedure for…
["SECTION 3", "International registrations designating the Union", "Article 194"]
Collective and certification marks
Collective and certification marks 1. Where an international registration is based on a basic application or basic registration relating to a collective mark…
["SECTION 1", "General provisions", "Article 105"]
Continuation of proceedings
Continuation of proceedings 1. An applicant for or proprietor of an EU trade mark or any other party to proceedings before the Office who has omitted to…
["SECTION 1", "General provisions", "Article 108"]
Termination of financial obligations
Termination of financial obligations 1. Rights of the Office to the payment of a fee shall be extinguished after four years from the end of the calendar year…
["SECTION 1", "General provisions", "Article 144"]
Privileges and immunities
Privileges and immunities The Protocol on the Privileges and Immunities of the Union shall apply to the Office and its staff.
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 54"]
Alteration
Alteration 1. The EU trade mark shall not be altered in the Register during the period of registration or on renewal thereof. 2. Nevertheless, where the EU…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 188"]
International fees
International fees Any fees payable to the International Bureau under the Madrid Protocol shall be paid direct to the International Bureau.
["SECTION 6", "Budget and financial control", "Article 180"]
Deemed date of payment
Deemed date of payment (1) may be used, the Executive Director shall establish the date on which such payments are to be considered to have been made. 3…
["SECTION 2", "Grounds for revocation", "Article 58"]
Grounds for revocation
— Article 58 — Grounds for revocation 2. Where the grounds for revocation of rights exist in respect of only some of the goods or services for which the EU…
["SECTION 6", "Budget and financial control", "Article 172"]
Budget
and financial control — Article 172 — Budget 5. The overall offsetting of the costs identified in paragraph 4 shall correspond to 5 % of the yearly revenue of…
["SECTION 3", "Conversion into a national trade mark application", "Article 140"]
Submission, publication and transmission of the request for conversion
Submission, publication and transmission of the request for conversion (2) applies, the Office shall reject the request for conversion as inadmissible only…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 184"]
Form and contents of the international application
Form and contents of the international application 4. The filing of an international application shall be subject to the payment of a fee to the Office. Where…
["SECTION 1", "Civil actions on the basis of more than one trade mark", "Article 136"]
Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks
Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks 4. Paragraphs 1, 2 and 3 shall not apply in respect of…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 56"]
Division of the registration
Division of the registration 3. If the requirements laid down in paragraph 1 and pursuant to the implementing acts referred to in paragraph 8 are not…
["SECTION 2", "Priority", "Article 34"]
Right of priority
Right of priority 5. If the first filing has been made in a State which is not a party to the Paris Convention or to the Agreement establishing the World Trade…
["SECTION 3", "Grounds for invalidity", "Article 60"]
Relative grounds for invalidity
Relative grounds for invalidity (6) and the conditions set out in that paragraph are fulfilled. All the conditions referred to in the first subparagraph shall…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 54"]
Alteration
Alteration (2). 4. The request shall be deemed not to have been filed until the required fee has been paid. If the fee has not been paid or has not been paid…
["SECTION 4", "Representation", "Article 120"]
Professional representatives
Professional representatives 2. Any natural person who fulfils the following conditions may be entered on the list of professional representatives: (a) being a…
["SECTION 1", "General provisions", "Article 103"]
Revocation of decisions
Revocation of decisions 102. Where an appeal has been filed against a decision of the Office containing an error, the appeal proceedings shall become devoid of…
["SECTION 2", "Tasks of the office and cooperation to promote convergence", "Article 152"]
Cooperation to promote convergence of practices and tools
Cooperation to promote convergence of practices and tools 2. On the basis of a proposal by the Executive Director, the Management Board shall define and…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 7"]
Absolute grounds for refusal
Absolute grounds for refusal are excluded from registration, pursuant to Union legislation or national law or to international agreements to which the Union or…
["SECTION 1", "General provisions", "Article 101"]
Time limits
Time limits 5. The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details regarding the calculation and duration…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 8"]
Relative grounds for refusal
Relative grounds for refusal 2. For the purposes of paragraph 1, ‘earlier trade mark’ means: (a) trade marks of the following kinds with a date of application…
["SECTION 4", "EU trade marks as objects of property", "Article 20"]
Transfer
Transfer 6. The Commission shall adopt implementing acts specifying: (a) the details to be contained in the application for registration of a transfer; (b) the…
["SECTION 3", "International registrations designating the Union", "Article 204"]
Transformation
Transformation (1)(b), the Office finds that the application was not filed within three months of the date on which the international registration was…
["SECTION 3", "International registrations designating the Union", "Article 191"]
Seniority claimed in an international application
Seniority claimed in an international application (1). 4. Where the Office finds that the seniority claim under paragraph 1 of this Article does not comply…
["SECTION 2", "Costs", "Article 109"]
Costs
— Article 109 — Costs (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…
["SECTION 4", "Executive Director", "Article 157"]
Functions of the Executive Director
Functions of the Executive Director (2); (e) preparing a draft multiannual strategic programme, including the Office's strategy for international cooperation…
["SECTION 5", "Proceedings in the office in relation to revocation or invalidity", "Article 64"]
Examination of the application
Examination of the application (2) were satisfied at that date. In the absence of proof to this effect, the application for a declaration of invalidity shall…
["SECTION 5", "Withdrawal, restriction, amendment and division of the application", "Article 50"]
Division of the application
Division of the application 6. All requests and applications submitted and all fees paid with regard to the original application prior to the date on which the…
["SECTION 3", "International registrations designating the Union", "Article 193"]
Designation of goods and services and examination as to absolute grounds for refusal
Designation of goods and services and examination as to absolute grounds for refusal (2) of the Madrid Protocol. 6. Where the holder of an international…
["SECTION 4", "Seniority of a national trade mark", "Article 39"]
Claiming seniority of a national trade mark in an application for an EU trade mark or subsequent to the filing of the application
Claiming seniority of a national trade mark in an application for an EU trade mark or subsequent to the filing of the application 3. Seniority shall have the…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 187"]
Request for territorial extension subsequent to international registration
Request for territorial extension subsequent to international registration (2). 3. Where the request for territorial extension made subsequent to the…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 209"]
Provisions relating to the enlargement of the Union
Provisions relating to the enlargement of the Union (2) if the earlier national right was registered, applied for or acquired in a new Member State prior to…
["CHAPTER XIV", "FINAL PROVISIONS", "Article 208"]
Exercise of the delegation
Exercise of the delegation (5), 103 (3), and 106 (3), Articles 121 and 168, and Articles 194 (3) and 196 (4) shall enter into force only if no objection has…
["SECTION 5", "Implementation of procedures", "Article 170"]
Mediation centre
Mediation centre 7. The parties shall agree together with the mediator on the detailed arrangements for the mediation in a mediation agreement. 8. The mediator…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 111"]
Register of EU trade marks
Register of EU trade marks (3); (o) the date of registration of the mark in the Register and the registration number; (p) a statement that the application is…
["SECTION 1", "General provisions", "Article 105"]
Continuation of proceedings
Continuation of proceedings (2) and Article 139, or to the time limits laid down in paragraph 1 of this Article or the time limit for claiming seniority…
["SECTION 2", "Effects of an EU trade mark", "Article 9"]
Rights conferred by an EU trade mark
Rights conferred by an EU trade mark 3. The following, in particular, may be prohibited under paragraph 2: (a) affixing the sign to the goods or to the…
["SECTION 4", "Executive Director", "Article 158"]
Appointment and removal of the Executive Director and extension of term of office
Appointment and removal of the Executive Director and extension of term of office 6. The Deputy Executive Director or Deputy Executive Directors shall be…
["SECTION 5", "Implementation of procedures", "Article 166"]
Independence of the members of the Boards of Appeal
Independence of the members of the Boards of Appeal 5. The members of the Boards of Appeal shall be appointed by the Management Board for a term of five years…
["SECTION 2", "Disputes concerning the infringement and validity of EU trade marks", "Article 128"]
Counterclaims
Counterclaims (5) shall apply. 6. Where an EU trade mark court has given a judgment which has become final on a counterclaim for revocation or for a…
["SECTION 3", "Conversion into a national trade mark application", "Article 139"]
Request for the application of national procedure
Request for the application of national procedure 5. Where the EU trade mark application is withdrawn or the EU trade mark ceases to have effect as a result of…
["SECTION 3", "Management Board", "Article 153"]
Functions of the Management Board
Functions of the Management Board (5); (g) adopting rules on the prevention and management of conflicts of interest in the Office; (h) in accordance with…
["SECTION 3", "International registrations designating the Union", "Article 202"]
Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States
Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States…
["SECTION 1", "General provisions", "Article 146"]
Languages
Languages (1), translated into the language indicated by the applicant. 4. Where the applicant for an EU trade mark is the sole party to proceedings before the…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 114"]
Inspection of files
Inspection of files 6. Where inspection of files takes place as provided for in paragraph 7, the request for inspection of the files shall not be deemed to…
["SECTION 1", "Surrender", "Article 57"]
Surrender
— Article 57 — Surrender (1) shall be conditional upon the final rejection or withdrawal of the application for revocation. 3. Surrender shall be entered only…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 53"]
Renewal
Renewal 4. The request for renewal shall include: (a) the name of the person requesting renewal; (b) the registration number of the EU trade mark to be…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 112"]
Database
Database 5. All data shall be kept indefinitely. However, the party concerned may request the removal of any personal data from the database after 18 months…
["SECTION 1", "Examination of applications", "Article 41"]
Examination of the conditions of filing
Examination of the conditions of filing 5. If the default on payment established pursuant to paragraph 1(c) is not remedied within the prescribed period, the…
["SECTION 1", "General provisions", "Article 104"]
Restitutio in integrum
Restitutio in integrum (3) and Article 105. 6. Where the applicant for or proprietor of an EU trade mark has his rights re-established, he may not invoke his…
["SECTION 4", "EU trade marks as objects of property", "Article 26"]
Procedure for entering licences and other rights in the Register
Procedure for entering licences and other rights in the Register 3. The application for registration of a licence may contain a request to record a licence in…
["SECTION 6", "Budget and financial control", "Article 179"]
Payment of fees and charges
Payment of fees and charges 3. If the purpose of the payment referred to in paragraph 2 cannot immediately be established, the Office shall require the person…
["SECTION 2", "Search", "Article 43"]
Search report
Search report 3. The amount, which shall be the same for each office, shall be fixed by the Budget Committee by means of a decision adopted by a majority of…
["SECTION 5", "Implementation of procedures", "Article 169"]
Exclusion and objection
Exclusion and objection 4. The Divisions and the Boards of Appeal shall decide as to the action to be taken in the cases specified in paragraphs 2 and 3…
["SECTION 4", "Observations by third parties and opposition", "Article 47"]
Examination of opposition
Examination of opposition (2)(a), by substituting use in the Member State in which the earlier national trade mark is protected for use in the Union. 4. The…
["SECTION 1", "Filing of applications and the conditions which govern them", "Article 33"]
Designation and classification of goods and services
Designation and classification of goods and services 6. Where the applicant requests registration for more than one class, the applicant shall group the goods…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 53"]
Renewal
Renewal 7. Where the request for renewal is filed within the periods provided for in paragraph 3, but the other conditions governing renewal provided for in…
["SECTION 2", "Tasks of the office and cooperation to promote convergence", "Article 152"]
Cooperation to promote convergence of practices and tools
Cooperation to promote convergence of practices and tools 5. The Office shall provide financial support to the projects referred to in paragraph 2 to the…
["SECTION 6", "Budget and financial control", "Article 172"]
Budget
and financial control — Article 172 — Budget 7. In the event of a budgetary surplus, and without prejudice to paragraph 10, on a proposal by the Office and…
["SECTION 3", "Management Board", "Article 153"]
Functions of the Management Board
Functions of the Management Board (1) of the Staff Regulations and on Article 6 of the Conditions of Employment, delegating the relevant appointing authority…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 184"]
Form and contents of the international application
Form and contents of the international application 5. Where the examination of the international application reveals any of the following deficiencies, the…
["SECTION 5", "Implementation of procedures", "Article 170"]
Mediation centre
Mediation centre 13. Mediators shall be impartial in the exercise of their duties and shall declare any real or perceived conflict of interest upon their…
["SECTION 4", "EU trade marks as objects of property", "Article 20"]
Transfer
Transfer 10. In the case of a partial transfer, any application made by the original proprietor pending with regard to the original registration shall be…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 111"]
Register of EU trade marks
Register of EU trade marks (3); (c) where a new representative is appointed, the name and business address of that representative; (d) amendments and…
["SECTION 4", "Representation", "Article 120"]
Professional representatives
Professional representatives 5. A person may be removed from the list of professional representatives at his request or when no longer in a capacity to…
["CHAPTER V", "DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS", "Article 56"]
Division of the registration
Division of the registration 8. The Commission shall adopt implementing acts specifying: (a) the details to be contained in a declaration of the division of a…
["SECTION 3", "Conversion into a national trade mark application", "Article 140"]
Submission, publication and transmission of the request for conversion
Submission, publication and transmission of the request for conversion (2) to the central industrial property offices of the Member States, including the…
["SECTION 2", "Costs", "Article 109"]
Costs
— Article 109 — Costs 7. The Opposition Division or Cancellation Division or Board of Appeal shall fix the amount of the costs to be paid pursuant to…
["SECTION 1", "General provisions", "Article 146"]
Languages
Languages 7. If the language chosen, in accordance with paragraph 5, for the notice of opposition or the application for revocation or invalidity is the…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 8"]
Relative grounds for refusal
Relative grounds for refusal 4. Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the course of trade of more than…
["SECTION 3", "International registrations designating the Union", "Article 202"]
Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States
Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States…
["SECTION 4", "Executive Director", "Article 157"]
Functions of the Executive Director
Functions of the Executive Director (1)(h); (o) exercising the powers conferred on him under Articles 31 (3), 34 (5), 35 (3), 94 (2), 97 (5), Articles 98, 100…
["SECTION 1", "Filing of applications and the conditions which govern them", "Article 33"]
Designation and classification of goods and services
Designation and classification of goods and services 8. Proprietors of EU trade marks applied for before 22 June 2012 which are registered in respect of the…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 111"]
Register of EU trade marks
Register of EU trade marks (6), or on an appeal pursuant to Article 71; (p) a record of the receipt of a request for conversion pursuant to Article 140 (2)…
["SECTION 1", "Filing of applications and the conditions which govern them", "Article 33"]
Designation and classification of goods and services
Designation and classification of goods and services (2). EU trade marks for which no declaration is filed within the period referred to in the second…
["SECTION 1", "General provisions", "Article 146"]
Languages
Languages 9. Without prejudice to paragraphs 4 and 8, and unless provided otherwise, in written proceedings before the Office any party may use any language of…
["SECTION 1", "Definition of an EU trade mark and obtaining an EU trade mark", "Article 8"]
Relative grounds for refusal
Relative grounds for refusal 6. Upon opposition by any person authorised under the relevant law to exercise the rights arising from a designation of origin or…
["SECTION 2", "Costs", "Article 109"]
Costs
— Article 109 — Costs (1), an assurance by the representative that the costs have been incurred shall be sufficient. For other costs, it shall be sufficient if…
["SECTION 2", "International registration on the basis of applications for an EU trade mark and of EU trade marks", "Article 184"]
Form and contents of the international application
Form and contents of the international application (1)(ii) of the Madrid Protocol. 6. Where the applicant has failed to authorise the Office to include a…
["SECTION 3", "Information which may be made available to the public and to the authorities of the Member States", "Article 111"]
Register of EU trade marks
Register of EU trade marks (4). 5. The Register may be maintained in electronic form. The Office shall collect, organise, make public and store the items…

Headings and opening words only; the full text is on eur-lex.europa.eu, which is authoritative. The library holds the version current as of the date shown. AI output is not legal advice — consult a licensed lawyer in the relevant jurisdiction.

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