Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) (Text with EEA relevance)
(a) distinguishing the goods or services of one undertaking from those of other undertakings; and (b) being represented on the Register of European Union trade marks ("the Register"), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
(a) signs which do not conform to the requirements of Article 4; (b) trade marks which are devoid of any distinctive character; (c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service; (d) trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade; (e) signs which consist exclusively of: (i) the shape, or another characteristic, which results from the nature of the goods themselves; (ii) the shape, or another characteristic, of goods which is necessary to obtain a technical result; (iii) the shape, or another characteristic, which gives substantial value to the goods;
(f) trade marks which are contrary to public policy or to accepted principles of morality; (g) trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service; (h) trade marks which have not been authorised by the competent authorities and are to be refused pursuant to Article 6 ter of the Paris Convention for the Protection of Industrial Property ("Paris Convention");(i) trade marks which include badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of particular public interest, unless the consent of the competent authority to their registration has been given;(j) trade marks which are excluded from registration, pursuant to Union legislation or national law or to international agreements to which the Union or the Member State concerned is party, providing for protection of designations of origin and geographical indications; (k) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional terms for wine; (l) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional specialities guaranteed; (m) trade marks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or national law, or international agreements to which the Union or the Member State concerned is a party, providing for protection of plant variety rights, and which are in respect of plant varieties of the same or closely related species.
(a) if it is identical with the earlier trade mark and the goods or services for which registration is applied for are identical with the goods or services for which the earlier trade mark is protected; (b) if, because of its identity with, or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected; the likelihood of confusion includes the likelihood of association with the earlier trade mark.
(a) trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the EU trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks: (i) EU trade marks; (ii) trade marks registered in a Member State, or, in the case of Belgium, the Netherlands or Luxembourg, at the Benelux Office for Intellectual Property; (iii) trade marks registered under international arrangements which have effect in a Member State; (iv) trade marks registered under international arrangements which have effect in the Union;
(b) applications for the trade marks referred to in point (a), subject to their registration; (c) trade marks which, on the date of application for registration of the EU trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the EU trade mark, are well known in a Member State, in the sense in which the words "well known" are used in Article 6 bis of the Paris Convention.
(a) rights to that sign were acquired prior to the date of application for registration of the EU trade mark, or the date of the priority claimed for the application for registration of the EU trade mark; (b) that sign confers on its proprietor the right to prohibit the use of a subsequent trade mark.
(i) an application for a designation of origin or a geographical indication had already been submitted, in accordance with Union legislation or national law, prior to the date of application for registration of the EU trade mark or the date of the priority claimed for the application, subject to its subsequent registration; (ii) that designation of origin or geographical indication confers the right to prohibit the use of a subsequent trade mark.
(a) the sign is identical with the EU trade mark and is used in relation to goods or services which are identical with those for which the EU trade mark is registered; (b) the sign is identical with, or similar to, the EU trade mark and is used in relation to goods or services which are identical with, or similar to, the goods or services for which the EU trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark; (c) the sign is identical with, or similar to, the EU trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar to or not similar to those for which the EU trade mark is registered, where the latter has a reputation in the Union and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the EU trade mark.
(a) affixing the sign to the goods or to the packaging of those goods; (b) offering the goods, putting them on the market, or stocking them for those purposes under the sign, or offering or supplying services thereunder; (c) importing or exporting the goods under the sign; (d) using the sign as a trade or company name or part of a trade or company name; (e) using the sign on business papers and in advertising; (f) using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC.
(a) affixing a sign identical with, or similar to, the EU trade mark on packaging, labels, tags, security or authenticity features or devices or any other means to which the mark may be affixed; (b) offering or placing on the market, or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity features or devices or any other means to which the mark is affixed.
(a) the name or address of the third party, where that third party is a natural person; (b) signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of the goods or services; (c) the EU trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of that trade mark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts.
(a) use of the EU trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor; (b) affixing of the EU trade mark to goods or to the packaging thereof in the Union solely for export purposes.
(a) the proprietor has his seat or his domicile on the relevant date; (b) where point (a) does not apply, the proprietor has an establishment on the relevant date.
(a) the details to be contained in the application for registration of a transfer; (b) the kind of documentation required to establish a transfer, taking account of the agreements given by the registered proprietor and the successor in title; (c) the details of how to process applications for partial transfers, ensuring that the goods and services in the remaining registration and the new registration do not overlap and that a separate file, including a new registration number, is established for the new registration.
(a) the Office, pursuant to Article 60(1)(b), instead of an application for a declaration of invalidity; (b) a European Union trade mark court ("EU trade mark court") as referred to in Article 123, instead of a counterclaim for a declaration of invalidity based on Article 128(1).
(a) its duration; (b) the form covered by the registration in which the trade mark may be used; (c) the scope of the goods or services for which the licence is granted; (d) the territory in which the trade mark may be affixed; or (e) the quality of the goods manufactured or of the services provided by the licensee.
(a) the requirement relating to the identification of goods and services to which the transfer relates shall not apply in respect of a request for registration of a right in rem , of a levy of execution or of insolvency proceedings;(b) the requirement relating to the documents proving the transfer shall not apply where the request is made by the proprietor of the EU trade mark.
(a) an exclusive licence; (b) a sub-licence in the event that the licence is granted by a licensee whose licence is recorded in the Register; (c) a licence limited to only part of the goods or services for which the mark is registered; (d) a licence limited to part of the Union; (e) a temporary licence.
(a) a request for the registration of an EU trade mark; (b) information identifying the applicant; (c) a list of the goods or services in respect of which the registration is requested; (d) a representation of the mark, which satisfies the requirements set out in Article 4(b).
(a) commenced before the register was amended; and (b) did not infringe the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.
(a) the later trade mark was either in use, or an application had been made to register the trade mark, for goods or services before the register was amended; and (b) the use of the trade mark in relation to those goods or services did not infringe, or would not have infringed, the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.
(a) the EU trade mark application satisfies the requirements for the accordance of a date of filing in accordance with Article 32; (b) the EU trade mark application complies with the conditions and requirements referred to in Article 31(3); (c) where appropriate, the class fees have been paid within the prescribed period.
(a) by the proprietors of earlier trade marks referred to in Article 8(2) as well as licensees authorised by the proprietors of those trade marks, in respect of Article 8(1) and (5); (b) by the proprietors of trade marks referred to in Article 8(3); (c) by the proprietors of earlier marks or signs referred to in Article 8(4) and by persons authorised under the relevant national law to exercise these rights; (d) by the persons authorised under the relevant Union legislation or national law to exercise the rights referred to in Article 8(6).
(a) if, where an opposition has been entered against the original application, such a divisional application has the effect of introducing a division amongst the goods or services against which the opposition has been directed, until the decision of the Opposition Division has become final or the opposition proceedings are finally terminated otherwise; (b) before the date of filing referred to in Article 32 has been accorded by the Office and during the opposition period provided for in Article 46(1).
(a) the details to be contained in a declaration of the division of an application made pursuant to paragraph 1; (b) the details as to how to process a declaration of the division of an application, ensuring that a separate file, including a new application number, is established for the divisional application; (c) the details to be contained in the publication of the divisional application pursuant to paragraph 8.
(a) the name of the person requesting renewal; (b) the registration number of the EU trade mark to be renewed; (c) if the renewal is requested for only part of the registered goods and services, an indication of those classes or those goods and services for which renewal is requested, or those classes or those goods and services for which renewal is not requested, grouped according to the classes of the Nice classification, each group being preceded by the number of the class of that classification to which that group of goods or services belongs, and presented in the order of classes of that classification.
(a) if, where an application for revocation of rights or for a declaration of invalidity has been entered at the Office against the original registration, such a divisional declaration has the effect of introducing a division amongst the goods or services against which the application for revocation of rights or for a declaration of invalidity is directed, until the decision of the Cancellation Division has become final or the proceedings are finally terminated otherwise; (b) if, where a counterclaim for revocation or for a declaration of invalidity has been entered in a case before an EU trade mark court, such a divisional declaration has the effect of introducing a division amongst the goods or services against which the counterclaim is directed, until the mention of the EU trade mark court's judgment is recorded in the Register pursuant to Article 128(6).
(a) the details to be contained in a declaration of the division of a registration pursuant to paragraph 1; (b) the details as how to process a declaration of the division of a registration, ensuring that a separate file, including a new registration number, is established for the divisional registration.
(a) if, within a continuous period of five years, the trade mark has not been put to genuine use in the Union in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use; however, no person may claim that the proprietor's rights in an EU trade mark should be revoked where, during the interval between expiry of the five-year period and filing of the application or counterclaim, genuine use of the trade mark has been started or resumed; the commencement or resumption of use within a period of three months preceding the filing of the application or counterclaim which began at the earliest on expiry of the continuous period of five years of non-use shall, however, be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application or counterclaim may be filed; (b) if, in consequence of acts or inactivity of the proprietor, the trade mark has become the common name in the trade for a product or service in respect of which it is registered; (c) if, in consequence of the use made of the trade mark by the proprietor of the trade mark or with his consent in respect of the goods or services for which it is registered, the trade mark is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.
(a) where the EU trade mark has been registered contrary to the provisions of Article 7; (b) where the applicant was acting in bad faith when he filed the application for the trade mark.
(a) where there is an earlier trade mark as referred to in Article 8(2) and the conditions set out in paragraph 1 or 5 of that Article are fulfilled; (b) where there is a trade mark as referred to in Article 8(3) and the conditions set out in that paragraph are fulfilled; (c) where there is an earlier right as referred to in Article 8(4) and the conditions set out in that paragraph are fulfilled; (d) where there is an earlier designation of origin or geographical indication as referred to in Article 8(6) and the conditions set out in that paragraph are fulfilled.
(a) a right to a name; (b) a right of personal portrayal; (c) a copyright; (d) an industrial property right.
(a) any decision on infringement which has acquired the authority of a final decision and been enforced prior to the revocation or invalidity decision; (b) any contract concluded prior to the revocation or invalidity decision, in so far as it has been performed before that decision; however, repayment, to an extent justified by the circumstances, of sums paid under the relevant contract may be claimed on grounds of equity.
(a) where Articles 58 and 59 apply, by any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, which, under the terms of the law governing it, has the capacity in its own name to sue and be sued; (b) where Article 60(1) applies, by the persons referred to in Article 46(1); (c) where Article 60(2) applies, by the owners of the earlier rights referred to in that provision or by the persons who are entitled under Union legislation or the law of the Member State concerned to exercise the rights in question.
(a) the formal content of the notice of appeal referred to in Article 68 and the procedure for the filing and the examination of an appeal; (b) the formal content and form of the Board of Appeal's decisions as referred to in Article 71; (c) the reimbursement of the appeal fee referred to in Article 68.
(a) the proprietor does not take reasonable steps to prevent the mark being used in a manner incompatible with the conditions of use, where these exist, laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the Register; (b) the manner in which the mark has been used by the proprietor has caused it to become liable to mislead the public in the manner referred to in Article 76(2); (c) an amendment to the regulations governing use of the mark has been mentioned in the Register in breach of the provisions of Article 79(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of those provisions.
(a) the proprietor no longer complies with the requirements set out in Article 83(2); (b) the proprietor does not take reasonable steps to prevent the EU certification mark being used in a manner that is incompatible with the conditions of use laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the Register; (c) the manner in which the EU certification mark has been used by the proprietor has caused it to become liable to mislead the public in the manner referred to in Article 85(2); (d) an amendment to the regulations governing use of the EU certification mark has been mentioned in the Register in breach of Article 88(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of that Article.
(a) hearing the parties; (b) requests for information; (c) the production of documents and items of evidence; (d) hearing witnesses; (e) opinions by experts; (f) statements in writing sworn or affirmed or having a similar effect under the law of the State in which the statement is drawn up.
(a) in the event of the death or legal incapacity of the applicant for, or proprietor of, an EU trade mark or of the person authorised by national law to act on his behalf. To the extent that that death or incapacity does not affect the authorisation of a representative appointed under Article 120, proceedings shall be interrupted only on application by such representative; (b) in the event of the applicant for, or proprietor of, an EU trade mark being prevented, for legal reasons resulting from action taken against his property, from continuing the proceedings before the Office; (c) in the event of the death or legal incapacity of the representative of an applicant for, or proprietor of, an EU trade mark, or of that representative being prevented, for legal reasons resulting from action taken against his property, from continuing the proceedings before the Office.
(a) the date of filing the application; (b) the file number of the application; (c) the date of the publication of the application; (d) the name and address of the applicant; (e) the name and business address of the representative, other than a representative as referred to in the first sentence of Article 119(3); (f) the representation of the mark, with indications as to its nature; and, where applicable, a description of the mark; (g) an indication of the goods and services by their names; (h) particulars of claims of priority pursuant to Article 35; (i) particulars of claims of exhibition priority pursuant to Article 38; (j) particulars of claims of seniority of a registered earlier trade mark as referred to in Article 39; (k) a statement that the mark has become distinctive in consequence of the use which has been made of it, pursuant to Article 7(3); (l) an indication that the mark is a collective mark; (m) an indication that the mark is a certification mark; (n) the language in which the application was filed and the second language which the applicant has indicated in his application, pursuant to Article 146(3); (o) the date of registration of the mark in the Register and the registration number; (p) a statement that the application is the result of a transformation of an international registration designating the Union, pursuant to Article 204 of this Regulation, together with the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date on which the territorial extension to the Union made subsequent to the international registration pursuant to Article 3ter(2) of the Madrid Protocol was recorded and, where applicable, the date of priority of the international registration.
(a) changes in the name, address or nationality of the proprietor of an EU trade mark or a change in the State in which he is domiciled or has his seat or establishment; (b) changes in the name or business address of the representative, other than a representative as referred to in the first sentence of Article 119(3); (c) where a new representative is appointed, the name and business address of that representative; (d) amendments and alterations of the mark, pursuant to Articles 49 and 54, and corrections of errors; (e) notice of amendments to the regulations governing the use of the collective mark pursuant to Article 79; (f) particulars of claims of seniority of a registered earlier trade mark as referred to in Article 39, pursuant to Article 40; (g) total or partial transfers pursuant to Article 20; (h) creation or transfer of a right in rem pursuant to Article 22, and the nature of the rightin rem ;(i) levy of execution pursuant to Article 23 and insolvency proceedings pursuant to Article 24; (j) the grant or transfer of a licence pursuant to Article 25 and, where applicable, the type of licence; (k) renewal of a registration pursuant to Article 53, the date from which it takes effect and any restrictions pursuant to Article 53(4); (l) a record of a determination of the expiry of a registration pursuant to Article 53; (m) declarations of withdrawal or surrender by the proprietor of the mark pursuant to Articles 49 and 57 respectively; (n) the date of submission and the particulars of an opposition pursuant to Article 46, of an application pursuant to Article 63, or a counterclaim pursuant to Article 128(4) for revocation or for a declaration of invalidity, or of an appeal pursuant to Article 68; (o) the date and content of a decision on an opposition, on an application or counterclaim pursuant to Article 64(6) or the third sentence of Article 128(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); (q) the cancellation of the representative recorded pursuant to point (e) of paragraph 2 of this Article; (r) the cancellation of the seniority of a national mark; (s) the modification to or cancellation from the Register of the items referred to in points (h), (i) and (j) of this paragraph; (t) the replacement of the EU trade mark by an international registration pursuant to Article 197; (u) the date and number of international registrations based on the EU trade mark application which has been registered as an EU trade mark pursuant to Article 185(1); (v) the date and number of international registrations based on the EU trade mark pursuant to Article 185(2); (w) the division of an application pursuant to Article 50 and the division of a registration pursuant to Article 56, together with the items referred to in paragraph 2 of this Article in respect of the divisional registration, as well as the list of goods and services of the original registration as amended; (x) the revocation of a decision or an entry in the Register pursuant to Article 103, where the revocation concerns a decision or entry which has been published; (y) notice of amendments to the regulations governing the use of the EU certification mark pursuant to Article 88.
(a) administering the applications and/or registrations as described in this Regulation and acts adopted pursuant to it; (b) maintaining a public register for inspection by, and the information of, public authorities and economic operators, in order to enable them to exercise the rights conferred on them by this Regulation and be informed about the existence of prior rights belonging to third parties; and (c) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.
(a) administering the applications and/or registrations as described in this Regulation and in acts adopted pursuant to it; (b) accessing the information necessary for conducting the relevant proceedings more easily and efficiently; (c) communicating with the applicants and other parties to the proceedings; (d) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.
(a) a European Union Trade Marks Bulletin containing publications of applications and of entries made in the Register as well as other particulars relating to applications or registrations of EU trade marks the publication of which is required under this Regulation or by acts adopted pursuant to it; (b) an Official Journal of the Office containing notices and information of a general character issued by the Executive Director, as well as any other information relevant to this Regulation or its implementation.
(a) the date to be taken as the date of publication in the European Union Trade Marks Bulletin; (b) the manner of publication of entries regarding the registration of a trade mark which do not contain changes as compared to the publication of the application; (c) the forms in which editions of the Official Journal of the Office may be made available to the public.
(a) a legal practitioner qualified in one of the Member States of the European Economic Area and having his place of business within the European Economic Area, to the extent that he is entitled, within the said Member State, to act as a representative in trade mark matters; (b) professional representatives whose names appear on the list maintained for this purpose by the Office.
(a) being a national of one of the Member States of the European Economic Area; (b) having his place of business or employment in the European Economic Area; (c) being entitled to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or before the central industrial property office of a Member State of the European Economic Area. Where, in the State concerned, the entitlement is not conditional upon the requirement of special professional qualifications, persons applying to be entered on the list who act in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices shall have habitually so acted for at least five years. However, persons whose professional qualification to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.
(a) the requirement in the second sentence of paragraph 2(c), if the applicant furnishes proof that he has acquired the requisite qualification in another way; (b) the requirement set out in paragraph 2(a) in the case of highly qualified professionals, provided that the requirements set out in paragraph 2(b) and (c) are fulfilled.
(a) the conditions and the procedure for the appointment of a common representative as referred to in Article 119(4); (b) the conditions under which employees referred to in Article 119(3) and professional representatives referred to in Article 120(1) shall file with the Office a signed authorisation in order to undertake representation, and the content of that authorisation; (c) the circumstances in which a person may be removed from the list of professional representatives referred to in Article 120(5).
(a) Articles 4 and 6, points 1, 2, 3 and 5 of Article 7 and Article 35 of Regulation (EU) No 1215/2012 shall not apply; (b) Articles 25 and 26 of Regulation (EU) No 1215/2012 shall apply subject to the limitations in Article 125(4) of this Regulation; (c) the provisions of Chapter II of Regulation (EU) No 1215/2012 which are applicable to persons domiciled in a Member State shall also be applicable to persons who do not have a domicile in any Member State but have an establishment therein.
(a) for all infringement actions and — if they are permitted under national law — actions in respect of threatened infringement relating to EU trade marks; (b) for actions for declaration of non-infringement, if they are permitted under national law; (c) for all actions brought as a result of acts referred to in Article 11(2); (d) for counterclaims for revocation or for a declaration of invalidity of the EU trade mark pursuant to Article 128.
(a) Article 25 of Regulation (EU) No 1215/2012 shall apply if the parties agree that a different EU trade mark court shall have jurisdiction; (b) Article 26 of Regulation (EU) No 1215/2012 shall apply if the defendant enters an appearance before a different EU trade mark court.
(a) acts of infringement committed or threatened within the territory of any of the Member States; (b) acts referred to in Article 11(2) committed within the territory of any of the Member States.
(a) the court other than the court first seised shall of its own motion decline jurisdiction in favour of that court where the trade marks concerned are identical and valid for identical goods or services. The court which would be required to decline jurisdiction may stay its proceedings if the jurisdiction of the other court is contested; (b) the court other than the court first seised may stay its proceedings where the trade marks concerned are identical and valid for similar goods or services and where the trade marks concerned are similar and valid for identical or similar goods or services.
(a) to the extent that the EU trade mark application is refused, withdrawn, or deemed to be withdrawn; (b) to the extent that the EU trade mark ceases to have effect.
(a) where the rights of the proprietor of the EU trade mark have been revoked on the grounds of non-use, unless in the Member State for which conversion is requested the EU trade mark has been put to use which would be considered to be genuine use under the laws of that Member State; (b) for the purpose of protection in a Member State in which, in accordance with the decision of the Office or of the national court, grounds for refusal of registration or grounds for revocation or invalidity apply to the EU trade mark application or EU trade mark.
(a) the details to be contained in a request for conversion of an EU trade mark application or a registered EU trade mark into a national trade mark application pursuant to paragraph 1; (b) the details which are to be contained in the publication of the request for conversion pursuant to paragraph 2.
(a) pay the national application fee; (b) file a translation in one of the official languages of the State in question of the request and of the documents accompanying it; (c) indicate an address for service in the State in question; (d) supply a representation of the trade mark in the number of copies specified by the State in question.
(a) any application or declaration relating to an EU trade mark application may be filed in the language used for filing the application for that EU trade mark or in the second language indicated by the applicant in his application; (b) any application or declaration relating to a registered EU trade mark may be filed in one of the languages of the Office.
(a) the extent to which supporting documents to be used in written proceedings before the Office may be filed in any language of the Union, and the need to supply a translation; (b) the requisite standards of translations to be filed with the Office.
(a) administration and promotion of the EU trade mark system established in this Regulation; (b) administration and promotion of the European Union design system established in Council Regulation (EC) No 6/2002 Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1 ).(c) promoting convergence of practices and tools in the fields of trade marks and designs, in cooperation with the central industrial property offices in the Member States, including the Benelux Office for Intellectual Property; (d) the tasks referred to in Regulation (EU) No 386/2012 of the European Parliament and of the Council Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1 ).(e) the tasks conferred on it under Directive 2012/28/EU of the European Parliament and of the Council Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5 ).
(a) the development of common examination standards; (b) the creation of common or connected databases and portals for Union-wide consultation, search and classification purposes; (c) the continuous provision and exchange of data and information, including for the purposes of feeding of the databases and portals referred to in point (b); (d) the establishment of common standards and practices, with a view to ensuring interoperability between procedures and systems throughout the Union and enhancing their consistency, efficiency and effectiveness; (e) the sharing of information on industrial property rights and procedures, including mutual support to helpdesks and information centres; (f) the exchange of technical expertise and assistance in relation to the areas referred to in points (a) to (e).
(a) on the basis of a draft submitted by the Executive Director in accordance with Article 157(4)(c), adopting the annual work programme of the Office for the coming year, taking into account the opinion of the Commission, and forwarding the adopted annual work programme to the European Parliament, to the Council and to the Commission; (b) on the basis of a draft submitted by the Executive Director in accordance with Article 157(4)(e) and taking into account the opinion of the Commission, adopting a multiannual strategic programme for the Office, including the Office's strategy for international cooperation, following an exchange of views between the Executive Director and the relevant committee in the European Parliament, and forwarding the adopted multiannual strategic programme to the European Parliament, to the Council and to the Commission; (c) on the basis of a draft submitted by the Executive Director in accordance with Article 157(4)(g), adopting the annual report and forwarding the adopted annual report to the European Parliament, to the Council, to the Commission and to the Court of Auditors; (d) on the basis of a draft submitted by the Executive Director in accordance with Article 157(4)(h), adopting the multiannual staff policy plan; (e) exercising the powers conferred on it under Article 152(2); (f) exercising the powers conferred on it under Article 172(5); (g) adopting rules on the prevention and management of conflicts of interest in the Office; (h) in accordance with paragraph 2, exercising, with respect to the staff of the Office, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment on the Authority Empowered to Conclude Contracts of Employment ("the appointing authority powers"); (i) adopting appropriate implementing rules to give effect to the Staff Regulations and the Conditions of Employment in accordance with Article 110 of the Staff Regulations; (j) drawing up the list of candidates provided for in Article 158(2); (k) ensuring adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations referred to in Article 210, as well as from investigations of the European Anti-fraud Office (OLAF); (l) being consulted before adoption of the guidelines for examination in the Office and in the other cases provided for in this Regulation; (m) providing opinions and requests for information to the Executive Director and to the Commission where it considers it necessary.
(a) taking all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Office; (b) implementing the decisions adopted by the Management Board; (c) preparing a draft annual work programme indicating estimated human and financial resources for each activity, and submitting it to the Management Board after consultation of the Commission; (d) submitting to the Management Board proposals pursuant to Article 152(2); (e) preparing a draft multiannual strategic programme, including the Office's strategy for international cooperation, and submitting it to the Management Board after consultation of the Commission and following an exchange of views with the relevant committee in the European Parliament; (f) implementing the annual work programme and the multiannual strategic programme and reporting to the Management Board on their implementation; (g) preparing the annual report on the Office's activities and presenting it to the Management Board for approval; (h) preparing a draft multiannual staff policy plan and submitting it to the Management Board after consultation of the Commission; (i) preparing an action plan following-up on the conclusions of the internal or external audit reports and evaluations, as well as following up on the investigations of the OLAF, and reporting on progress twice a year to the Commission and to the Management Board; (j) protecting the financial interests of the Union by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative and financial penalties; (k) preparing an anti-fraud strategy for the Office and presenting it to the Budget Committee for approval; (l) in order to ensure uniform application of the Regulation, referring, where appropriate, to the enlarged Board of Appeal ("the Grand Board") questions on a point of law, in particular if the Boards of Appeal have issued diverging decisions on the point; (m) drawing up estimates of the revenue and expenditure of the Office and implementing the budget; (n) exercising the powers entrusted to him in respect of staff by the Management Board under Article 153(1)(h); (o) exercising the powers conferred on him under Articles 31(3), 34(5), 35(3), 94(2), 97(5), Articles 98, 100, 101, Articles 111(4), 112(3), 114(5), Articles 115, 116, Articles 120(4), 146(10), Article 178, Articles 179(1) and 180(2), and Article 181 in accordance with the criteria set out in this Regulation and in the acts adopted pursuant to this Regulation.
(a) examiners; (b) Opposition Divisions; (c) a department in charge of the Register; (d) Cancellation Divisions; (e) Boards of Appeal; (f) any other unit or person appointed by the Executive Director to that effect.
(a) applications for the revocation or a declaration of invalidity of an EU trade mark; (b) requests for the assignment of an EU trade mark as provided for in Article 21.
(a) by the authority of the Boards of Appeal referred to in Article 166(4)(a); or (b) by the Board handling the case.
(a) chairing the Presidium of the Boards of Appeal ("the Presidium"), responsible for laying down the rules and organising the work of the Boards; (b) ensuring the implementation of the decisions of the Presidium; (c) allocating cases to a Board on the basis of objective criteria determined by the Presidium; (d) forwarding to the Executive Director the Boards' expenditure requirements, with a view to drawing up the expenditure estimates.
(a) had any prior involvement in the proceedings referred to mediation; (b) any personal interest in those proceedings; or (c) been previously involved as a representative of one of the parties.
(a) opposition and invalidity proceedings before the central industrial property offices of the Member States and the Benelux Office for Intellectual Property involving EU trade marks; (b) provision of information on the functioning of the EU trade mark system through helpdesks and information centres; (c) enforcement of EU trade marks, including action taken pursuant to Article 9(4).
(a) the annual number of EU trade mark applications originating from applicants in each Member State; (b) the annual number of national trade mark applications in each Member State; (c) the annual number of oppositions and applications for a declaration of invalidity submitted by proprietors of EU trade marks in each Member State; (d) the annual number of cases brought before the EU trade mark courts designated by each Member State in accordance with Article 123.
(a) when the application fee is paid, the purpose of the payment, namely "application fee"; (b) when the opposition fee is paid, the file number of the application and the name of the applicant for the EU trade mark against which opposition is entered, and the purpose of the payment, namely "opposition fee"; (c) when the revocation fee and the invalidity fee are paid, the registration number and the name of the proprietor of the EU trade mark against which the application is directed, and the purpose of the payment, namely "revocation fee" or "invalidity fee".
(a) the international application has not been filed using the form referred to in paragraph 1, and does not contain all the indications and information required by that form; (b) the list of goods and services contained in the international application is not covered by the list of goods and services appearing in the basic EU trade mark application or basic EU trade mark; (c) the mark which is subject to the international application is not identical with the mark as it appears in the basic EU trade mark application or basic EU trade mark; (d) an indication in the international application as to the trade mark, other than a disclaimer or a colour claim, does not also appear in the basic EU trade mark application or basic EU trade mark; (e) where colour is claimed in the international application as a distinctive feature of the mark, the basic EU trade mark application or basic EU trade mark is not in the same colour or colours; or (f) according to the indications made in the international form, the applicant is not eligible to file an international application through the Office in accordance with Article 2(1)(ii) of the Madrid Protocol.
(a) into a national trade mark application pursuant to Articles 139, 140 and 141; (b) into a designation of a Member State party to the Madrid Protocol, provided that on the date when conversion was requested it was possible to have designated that Member State directly under the Madrid Protocol. Articles 139, 140 and 141 of this Regulation shall apply.
(a) the details to be contained in the requests for conversion referred to in paragraphs 4 and 7; (b) the details to be contained in the publication of the requests for conversion pursuant to paragraph 3.
(a) pursuant to Article 59 if the grounds for invalidity became applicable merely because of the accession of a new Member State; (b) pursuant to Article 60(1) and (2) if the earlier national right was registered, applied for or acquired in a new Member State prior to the date of accession.
1. Basic fee for the application for an individual EU trade mark (Article 31(2)): EUR 1000 2. Basic fee for the application for an individual EU trade mark by electronic means (Article 31(2)): EUR 850 3. Fee for the second class of goods and services for an individual EU trade mark (Article 31(2)): EUR 50 4. Fee for each class of goods and services exceeding two for an individual EU trade mark (Article 31(2)): EUR 150 5. Basic fee for the application for an EU collective mark or an EU certification mark (Article 31(2) and Article 74(3) or Article 83(3)): EUR 1800 6. Basic fee for the application for an EU collective mark or an EU certification mark by electronic means (Article 31(2) and Article 74(3) or Article 83(3)): EUR 1500 7. Fee for the second class of goods and services for an EU collective mark or an EU certification mark: (Article 31(2) and Article 74(3) or Article 83(3)): EUR 50 8. Fee for each class of goods and services exceeding two for an EU collective mark or an EU certification mark (Article 31(2) and 74(3) or Article 83(3)): EUR 150 9. Search fee for an EU trade mark application (Article 43(2)) or for an international registration designating the Union (Article 43(2) and Article 195(2)): EUR 12 multiplied by the number of central industrial property offices referred to in Article 43(2); that amount, and the subsequent changes, shall be published by the Office in the Official Journal of the Office. 10. Opposition fee (Article 46(3)): EUR 320 11. Basic fee for the renewal of an individual EU trade mark (Article 53(3)): EUR 1000 12. Basic fee for the renewal of an individual EU trade mark by electronic means (Article 53(3)): EUR 850 13. Fee for the renewal of the second class of goods and services for an individual EU trade mark (Article 53(3)): EUR 50 14. Fee for the renewal of each class of goods and services exceeding two for an individual EU trade mark (Article 53(3)): EUR 150 15. Basic fee for the renewal of an EU collective mark or an EU certification mark (Article 53(3) and Article 74(3) or Article 83(3): EUR 1800 16. Basic fee for the renewal of an EU collective mark or an EU certification mark by electronic means (Article 53(3) and Article 74(3) or Article 83(3)): EUR 1500 17. Fee for the renewal of the second class of goods and services for an EU collective mark or an EU certification mark (Article 53(3) and Article 74(3) or Article 83(3)): EUR 50 18. Fee for the renewal of each class of goods and services exceeding two for an EU collective mark or an EU certification mark (Article 53(3) and Article 74(3) or Article 83(3)): EUR 150 19. Additional fee for the late payment of the renewal fee or the late submission of the request for renewal (Article 53(3)): 25 % of the belated renewal fee, subject to a maximum of EUR 1500 20. Fee for the application for revocation or for a declaration of invalidity (Article 63(2)): EUR 630 21. Appeal fee (Article 68(1)): EUR 720 22. Fee for the application of restitutio in integrum (Article 104(3)):EUR 200 23. Fee for the application for the conversion of an EU trade mark application or an EU trade mark (Article 140(1), also in conjunction with Article 202(1)): (a) into a national trade mark application; (b) into a designation of Member States under the Madrid Protocol: EUR 200
24. Fee for continuation of proceedings (Article 105(1)): EUR 400 25. Fee for the declaration of division of a registered EU trade mark (Article 56(4) or an application for an EU trade mark (Article 50(3)): EUR 250 26. Fee for the application for the registration of a licence or another right in respect of a registered EU trade mark (Article 26(2)) or an application for an EU trade mark (Article 26(2)): (a) grant of a licence; (b) transfer of a licence; (c) creation of a right in rem ;(d) transfer of a right in rem ;(e) levy of execution:
EUR 200 per registration, but where multiple requests are submitted in the same application or at the same time, not to exceed a total of EUR 1000 27. Fee for the cancellation of the registration of a licence or other right (Article 29(3)): EUR 200 per cancellation, but where multiple requests are submitted in the same application or at the same time, not to exceed a total of EUR 1000 28. Fee for the alteration of a registered EU trade mark (Article 54(4)): EUR 200 29. Fee for the issue of a copy of the application for an EU trade mark (Article 114(7)), a copy of the certificate of registration (Article 51(2)), or an extract from the register (Article 111(7)): (a) uncertified copy or extract: EUR 10 (b) certified copy or extract: EUR 30
30. Fee for the inspection of the files (Article 114(6)): EUR 30 31. Fee for the issue of copies of file documents (Article 114(7)): (a) uncertified copy: EUR 10 (b) certified copy: EUR 30
plus per page, exceeding 10 EUR 1 32. Fee for the communication of information in a file (Article 114(9)): EUR 10 33. Fee for the review of the determination of the procedural costs to be refunded (Article 109(8)): EUR 100 34. Fee for the filing of an international application at the Office (Article 184(4)): EUR 300
(a) for an individual trade mark: EUR 820 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods and services contained in the international registration exceeding two; (b) for a collective mark or a certification mark: EUR 1400 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods or services exceeding two.
(a) for an individual trade mark: EUR 820 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods and services contained in the international registration exceeding two; (b) for a collective mark or a certification mark: EUR 1400 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods and services contained in the international registration exceeding two.
| Act of Accession of 2012, Annex III, point 2(I) | |
| Only Article 1 |
| Regulation (EC) No 207/2009 | This Regulation |
|---|---|
| Articles 1 to 7 | Articles 1 to 7 |
| Article 8(1) to (4) | Article 8(1) to (4) |
| Article 8(4a) | Article 8(6) |
| Article 8(5) | Article 8(5) |
| Article 9 | Article 9 |
| Article 9a | Article 10 |
| Article 9b | Article 11 |
| Article 10 | Article 12 |
| Article 11 | Article 13 |
| Article 12 | Article 14 |
| Article 13 | Article 15 |
| Article 13a | Article 16 |
| Article 14 | Article 17 |
| Article 15 | Article 18 |
| Article 16 | Article 19 |
| Article 17(1), (2) and (3) | Article 20(1), (2) and (3) |
| Article 17(5) | Article 20(4) |
| Article 17(5a) | Article 20(5) |
| Article 17(5b) | Article 20(6) |
| Article 17(5c) | Article 20(7) |
| Article 17(5d) | Article 20(8) |
| Article 17(5e) | Article 20(9) |
| Article 17(5f) | Article 20(10) |
| Article 17(6) | Article 20(11) |
| Article 17(7) | Article 20(12) |
| Article 17(8) | Article 20(13) |
| Article 18 | Article 21 |
| Article 19 | Article 22 |
| Article 20 | Article 23 |
| Article 21 | Article 24 |
| Article 22 | Article 25 |
| Article 22a | Article 26 |
| Article 23 | Article 27 |
| Article 24 | Article 28 |
| Article 24a | Article 29 |
| Article 25 | Article 30 |
| Article 26 | Article 31 |
| Article 27 | Article 32 |
| Article 28 | Article 33 |
| Article 29 | Article 34 |
| Article 30 | Article 35 |
| Article 31 | Article 36 |
| Article 32 | Article 37 |
| Article 33 | Article 38 |
| Article 34(1) | Article 39(1) |
| Article 34(1a) | Article 39(2) |
| Article 34(2) | Article 39(3) |
| Article 34(3) | Article 39(4) |
| Article 34(4) | Article 39(5) |
| Article 34(5) | Article 39(6) |
| Article 34(6) | Article 39(7) |
| Article 35 | Article 40 |
| Article 36 | Article 41 |
| Article 37(1) | Article 42(1) |
| Article 37(3) | Article 42(2) |
| Article 38 | Article 43 |
| Article 39 | Article 44 |
| Article 40 | Article 45 |
| Article 41 | Article 46 |
| Article 42 | Article 47 |
| Article 42a | Article 48 |
| Article 43 | Article 49 |
| Article 44(1) and (2) | Article 50(1) and (2) |
| Article 44(4) | Article 50(3) |
| Article 44(4a) | Article 50(4) |
| Article 44(5) to (9) | Article 50(5) to (9) |
| Article 45 | Article 51 |
| Article 46 | Article 52 |
| Article 47 | Article 53 |
| Article 48 | Article 54 |
| Article 48a | Article 55 |
| Article 49 | Article 56 |
| Article 50 | Article 57 |
| Article 51 | Article 58 |
| Article 52 | Article 59 |
| Article 53 | Article 60 |
| Article 54 | Article 61 |
| Article 55 | Article 62 |
| Article 56 | Article 63 |
| Article 57 | Article 64 |
| Article 57a | Article 65 |
| Article 58 | Article 66 |
| Article 59 | Article 67 |
| Article 60 | Article 68 |
| Article 61 | Article 69 |
| Article 63 | Article 70 |
| Article 64 | Article 71 |
| Article 65 | Article 72 |
| Article 65a | Article 73 |
| Article 66 | Article 74 |
| Article 67 | Article 75 |
| Article 68 | Article 76 |
| Article 69 | Article 77 |
| Article 70 | Article 78 |
| Article 71 | Article 79 |
| Article 72 | Article 80 |
| Article 73 | Article 81 |
| Article 74 | Article 82 |
| Article 74a | Article 83 |
| Article 74b | Article 84 |
| Article 74c | Article 85 |
| Article 74d | Article 86 |
| Article 74e | Article 87 |
| Article 74f | Article 88 |
| Article 74g | Article 89 |
| Article 74h | Article 90 |
| Article 74i | Article 91 |
| Article 74j | Article 92 |
| Article 74k | Article 93 |
| Article 75 | Article 94 |
| Article 76 | Article 95 |
| Article 77 | Article 96 |
| Article 78 | Article 97 |
| Article 79 | Article 98 |
| Article 79a | Article 99 |
| Article 79b | Article 100 |
| Article 79c | Article 101 |
| Article 79d | Article 102 |
| Article 80 | Article 103 |
| Article 81 | Article 104 |
| Article 82 | Article 105 |
| Article 82a | Article 106 |
| Article 83 | Article 107 |
| Article 84 | Article 108 |
| Article 85(1) | Article 109(1) |
| Article 85(1a) | Article 109(2) |
| Article 85(2) | Article 109(3) |
| Article 85(3) | Article 109(4) |
| Article 85(4) | Article 109(5) |
| Article 85(5) | Article 109(6) |
| Article 85(6) | Article 109(7) |
| Article 85(7) | Article 109(8) |
| Article 86 | Article 110 |
| Article 87 | Article 111 |
| Article 87a | Article 112 |
| Article 87b | Article 113 |
| Article 88 | Article 114 |
| Article 88a | Article 115 |
| Article 89 | Article 116 |
| Article 90 | Article 117 |
| Article 91 | Article 118 |
| Article 92 | Article 119 |
| Article 93 | Article 120 |
| Article 93a | Article 121 |
| Article 94 | Article 122 |
| Article 95(1) | Article 123(1) |
| Article 95(2) | — |
| Article 95(3) | Article 123(2) |
| Article 95(4) | Article 123(3) |
| Article 95(5) | — |
| Article 96 | Article 124 |
| Article 97 | Article 125 |
| Article 98 | Article 126 |
| Article 99 | Article 127 |
| Article 100 | Article 128 |
| Article 101 | Article 129 |
| Article 102 | Article 130 |
| Article 103 | Article 131 |
| Article 104 | Article 132 |
| Article 105 | Article 133 |
| Article 106 | Article 134 |
| Article 107 | Article 135 |
| Article 109 | Article 136 |
| Article 110 | Article 137 |
| Article 111 | Article 138 |
| Article 112 | Article 139 |
| Article 113 | Article 140 |
| Article 114 | Article 141 |
| Article 115 | Article 142 |
| Article 116 | Article 143 |
| Article 117 | Article 144 |
| Article 118 | Article 145 |
| Article 119(1) to (5) | Article 146(1) to (5) |
| Article 119(5a) | Article 146(6) |
| Article 119(6) | Article 146(7) |
| Article 119(7) | Article 146(8) |
| Article 119(8) | Article 146(9) |
| Article 119(9) | Article 146(10) |
| Article 119(10) | Article 146(11) |
| Article 120 | Article 147 |
| Article 121 | Article 148 |
| Article 123 | Article 149 |
| Article 123a | Article 150 |
| Article 123b | Article 151 |
| Article 123c | Article 152 |
| Article 124 | Article 153 |
| Article 125 | Article 154 |
| Article 126 | Article 155 |
| Article 127 | Article 156 |
| Article 128 | Article 157 |
| Article 129 | Article 158 |
| Article 130 | Article 159 |
| Article 131 | Article 160 |
| Article 132 | Article 161 |
| Article 133 | Article 162 |
| Article 134 | Article 163 |
| Article 134a | Article 164 |
| Article 135 | Article 165 |
| Article 136 | Article 166 |
| Article 136a | Article 167 |
| Article 136b | Article 168 |
| Article 137 | Article 169 |
| Article 137a | Article 170 |
| Article 138 | Article 171 |
| Article 139 | Article 172 |
| Article 140 | Article 173 |
| Article 141 | Article 174 |
| Article 141a | Article 175 |
| Article 142 | Article 176 |
| Article 143 | Article 177 |
| Article 144 | Article 178 |
| Article 144a | Article 179 |
| Article 144b | Article 180 |
| Article 144c | Article 181 |
| Article 145 | Article 182 |
| Article 146 | Article 183 |
| Article 147 | Article 184 |
| Article 148 | Article 185 |
| Article 148a | Article 186 |
| Article 149 | Article 187 |
| Article 150 | Article 188 |
| Article 151 | Article 189 |
| Article 152 | Article 190 |
| Article 153 | Article 191 |
| Article 153a | Article 192 |
| Article 154 | Article 193 |
| Article 154a | Article 194 |
| Article 155 | Article 195 |
| Article 156 | Article 196 |
| Article 157 | Article 197 |
| Article 158 | Article 198 |
| Article 158a | Article 199 |
| Article 158b | Article 200 |
| Article 158c | Article 201 |
| Article 159 | Article 202 |
| Article 160 | Article 203 |
| Article 161 | Article 204 |
| Article 161a | Article 205 |
| Article 161b | Article 206 |
| Article 163 | Article 207 |
| Article 163a(1) | Article 208(1) |
| Article 163a(2), first sentence | Article 208(2) |
| Article 163a(2), second sentence | Article 208(4) |
| Article 163a(3) | Article 208(3) |
| Article 163a(4) | Article 208(5) |
| Article 163a(5) | Article 208(6) |
| Article 165 | Article 209 |
| Article 165a | Article 210 |
| Article 166 | Article 211 |
| Article 167 | Article 212 |
| Annex -I | Annex I |
| Annex I | Annex II |
| Annex II | Annex III |