From 8f224c9eb188528182e597523d023b51f127381e Mon Sep 17 00:00:00 2001
From: Jonas Smedegaard <dr@jones.dk>
Date: Thu, 25 Apr 2013 17:53:47 +0200
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+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+L 78/1
+
+I
+(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)
+
+REGULATIONS
+
+COUNCIL REGULATION (EC) No 207/2009
+of 26 February 2009
+on the Community trade mark
+(codified version)
+(Text with EEA relevance)
+THE COUNCIL OF THE EUROPEAN UNION,
+
+Community arrangements for trade marks whereby undertakings can by means of one procedural system obtain
+Community trade marks to which uniform protection is
+given and which produce their effects throughout the entire
+area of the Community. The principle of the unitary
+character of the Community trade mark thus stated should
+apply unless otherwise provided for in this Regulation.
+
+Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
+Having regard to the proposal from the Commission,
+Having regard to the opinion of the European Parliament (1),
+Whereas:
+(1)
+
+It is desirable to promote throughout the Community a
+harmonious development of economic activities and a
+continuous and balanced expansion by completing an
+internal market which functions properly and offers
+conditions which are similar to those obtaining in a
+national market. In order to create a market of this kind and
+make it increasingly a single market, not only must barriers
+to free movement of goods and services be removed and
+arrangements be instituted which ensure that competition
+is not distorted, but, in addition, legal conditions must be
+created which enable undertakings to adapt their activities
+to the scale of the Community, whether in manufacturing
+and distributing goods or in providing services. For those
+purposes, trade marks enabling the products and services of
+undertakings to be distinguished by identical means
+throughout the entire Community, regardless of frontiers,
+should feature amongst the legal instruments which
+undertakings have at their disposal.
+
+The barrier of territoriality of the rights conferred on
+proprietors of trade marks by the laws of the Member
+States cannot be removed by approximation of laws. In
+order to open up unrestricted economic activity in the
+whole of the internal market for the benefit of undertakings, trade marks should be created which are governed
+by a uniform Community law directly applicable in all
+Member States.
+
+(5)
+
+Since the Treaty has not provided the specific powers to
+establish such a legal instrument, Article 308 of the Treaty
+should be applied.
+
+(6)
+
+The Community law relating to trade marks nevertheless
+does not replace the laws of the Member States on trade
+marks. It would not in fact appear to be justified to require
+undertakings to apply for registration of their trade marks
+as Community trade marks. National trade marks continue
+to be necessary for those undertakings which do not want
+protection of their trade marks at Community level.
+
+(7)
+
+The rights in a Community trade mark should not be
+obtained otherwise than by registration, and registration
+should be refused in particular if the trade mark is not
+distinctive, if it is unlawful or if it conflicts with earlier
+rights.
+
+Council Regulation (EC) No 40/94 of 20 December 1993
+on the Community trade mark (2) has been substantially
+amended several times (3). In the interests of clarity and
+rationality the said Regulation should be codified.
+
+(2)
+
+(4)
+
+(3)
+
+For the purpose of pursuing the Community's said
+objectives it would appear necessary to provide for
+
+(1) OJ C 146 E, 12.6.2008, p. 79.
+(2) OJ L 11, 14.1.1994, p. 1.
+(3) See Annex I.
+
+L 78/2
+
+(8)
+
+(9)
+
+EN
+
+Official Journal of the European Union
+
+The protection afforded by a Community trade mark, the
+function of which is in particular to guarantee the trade
+mark as an indication of origin, should be absolute in the
+case of identity between the mark and the sign and the
+goods or services. The protection should apply also in cases
+of similarity between the mark and the sign and the goods
+or services. An interpretation should be given of the
+concept of similarity in relation to the likelihood of
+confusion. The likelihood of confusion, the appreciation of
+which depends on numerous elements and, in particular, on
+the recognition of the trade mark on the market, the
+association which can be made with the used or registered
+sign, the degree of similarity between the trade mark and
+the sign and between the goods or services identified,
+should constitute the specific condition for such protection.
+It follows from the principle of free movement of goods
+that the proprietor of a Community trade mark must not be
+entitled to prohibit its use by a third party in relation to
+goods which have been put into circulation in the
+Community, under the trade mark, by him or with his
+consent, save where there exist legitimate reasons for the
+proprietor to oppose further commercialisation of the
+goods.
+
+(10) There is no justification for protecting Community trade
+
+marks or, as against them, any trade mark which has been
+registered before them, except where the trade marks are
+actually used.
+(11) A Community trade mark is to be regarded as an object of
+
+property which exists separately from the undertakings
+whose goods or services are designated by it. Accordingly, it
+should be capable of being transferred, subject to the
+overriding need to prevent the public being misled as a
+result of the transfer. It should also be capable of being
+charged as security in favour of a third party and of being
+the subject matter of licences.
+(12) Administrative measures are necessary at Community level
+
+for implementing in relation to every trade mark the trade
+mark law created by this Regulation. It is therefore essential,
+while retaining the Community's existing institutional
+structure and balance of powers, to provide for an Office
+for Harmonisation in the Internal Market (trade marks and
+designs) which is independent in relation to technical
+matters and has legal, administrative and financial
+autonomy. To this end it is necessary and appropriate that
+that Office should be a body of the Community having legal
+personality and exercising the implementing powers which
+are conferred on it by this Regulation, and that it should
+operate within the framework of Community law without
+detracting from the competencies exercised by the Community institutions.
+
+24.3.2009
+
+decide on it. Decisions of the Boards of Appeal are, in turn,
+amenable to actions before the Court of Justice of the
+European Communities, which has jurisdiction to annul or
+to alter the contested decision.
+(14) Under the first subparagraph of Article 225(1) of the EC
+
+Treaty the Court of First Instance of the European
+Communities has jurisdiction to hear and determine at
+first instance the actions referred to in particular in
+Article 230 of the EC Treaty with the exception of those
+assigned to a judicial panel and those reserved in the Statute
+to the Court of Justice. The jurisdiction which this
+Regulation confers on the Court of Justice to cancel and
+alter decisions of the Boards of Appeal should accordingly
+be exercised at first instance by the Court.
+(15) In order to strengthen the protection of Community trade
+
+marks the Member States should designate, having regard
+to their own national system, as limited a number as
+possible of national courts of first and second instance
+having jurisdiction in matters of infringement and validity
+of Community trade marks.
+(16) Decisions regarding the validity and infringement of
+
+Community trade marks must have effect and cover the
+entire area of the Community, as this is the only way of
+preventing inconsistent decisions on the part of the courts
+and the Office and of ensuring that the unitary character of
+Community trade marks is not undermined. The provisions
+of Council Regulation (EC) No 44/2001 of 22 December
+2000 on jurisdiction and the recognition and enforcement
+of judgments in civil and commercial matters (1) should
+apply to all actions at law relating to Community trade
+marks, save where this Regulation derogates from those
+rules.
+(17) Contradictory judgments should be avoided in actions
+
+which involve the same acts and the same parties and
+which are brought on the basis of a Community trade mark
+and parallel national trade marks. For this purpose, when
+the actions are brought in the same Member State, the way
+in which this is to be achieved is a matter for national
+procedural rules, which are not prejudiced by this
+Regulation, whilst when the actions are brought in different
+Member States, provisions modelled on the rules on lis
+pendens and related actions of Regulation (EC) No 44/2001
+appear appropriate.
+(18) In order to guarantee the full autonomy and independence
+
+of the Office, it is considered necessary to grant it an
+autonomous budget whose revenue comes principally from
+fees paid by the users of the system. However, the
+Community budgetary procedure remains applicable as
+far as any subsidies chargeable to the general budget of the
+European Communities are concerned. Moreover, the
+auditing of accounts should be undertaken by the Court
+of Auditors.
+
+(13) It is necessary to ensure that parties who are affected by
+
+decisions made by the Office are protected by the law in a
+manner which is suited to the special character of trade
+mark law. To that end provision is made for an appeal to lie
+from decisions of the examiners and of the various
+divisions of the Office. If the department whose decision
+is contested does not rectify its decision it is to remit the
+appeal to a Board of Appeal of the Office, which is to
+
+(19) Measures necessary for the implementation of this
+
+Regulation should be adopted, particularly as regards fees
+regulations and an Implementing Regulation, in accordance
+with Council Decision 1999/468/EC of 28 June 1999
+(1) OJ L 12, 16.1.2001, p. 1.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+laying down the procedures for the exercise of implementing powers conferred on the Commission (1),
+
+L 78/3
+
+or of their packaging, provided that such signs are capable of
+distinguishing the goods or services of one undertaking from
+those of other undertakings.
+
+HAS ADOPTED THIS REGULATION:
+
+Article 5
+TITLE I
+
+Persons who can be proprietors of Community trade marks
+
+GENERAL PROVISIONS
+
+Any natural or legal person, including authorities established
+under public law, may be the proprietor of a Community trade
+mark.
+
+Article 1
+Community trade mark
+1. A trade mark for goods or services which is registered in
+accordance with the conditions contained in this Regulation and
+in the manner herein provided is hereinafter referred to as a
+‘Community trade mark’.
+2. A Community trade mark shall have a unitary character. It
+shall have equal effect throughout the Community: it shall not be
+registered, transferred or surrendered or be the subject of a
+decision revoking the rights of the proprietor or declaring it
+invalid, nor shall its use be prohibited, save in respect of the
+whole Community. This principle shall apply unless otherwise
+provided in this Regulation.
+
+Article 6
+Means whereby a Community trade mark is obtained
+A Community trade mark shall be obtained by registration.
+Article 7
+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 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:
+
+Article 2
+Office
+An Office for Harmonisation in the Internal Market (trade marks
+and designs), hereinafter referred to as ‘the Office’, is hereby
+established.
+Article 3
+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 terms of the law governing them, they have the
+capacity in their own name to have rights and obligations of all
+kinds, to make contracts or accomplish other legal acts and to
+sue and be sued.
+
+(i)
+
+the shape which results from the nature of the goods
+themselves;
+
+(ii)
+
+the shape of goods which is necessary to obtain a
+technical result;
+
+TITLE II
+THE LAW RELATING TO TRADE MARKS
+
+(iii) the shape which gives substantial value to the goods;
+
+SECTION 1
+
+Definition of a Community trade mark and obtaining a
+Community trade mark
+
+(f)
+
+trade marks which are contrary to public policy or to
+accepted principles of morality;
+
+Article 4
+
+(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 6ter of the Paris Convention for the Protection of
+Industrial Property, hereinafter referred to as the ‘Paris
+Convention’;
+
+Signs of which a Community trade mark may consist
+A Community trade mark may consist of any signs capable of
+being represented graphically, particularly words, including
+personal names, designs, letters, numerals, the shape of goods
+(1) OJ L 184, 17.7.1999, p. 23.
+
+L 78/4
+(i)
+
+(j)
+
+(k)
+
+Official Journal of the European Union
+
+EN
+
+24.3.2009
+
+trade marks which include badges, emblems or escutcheons
+other than those covered by Article 6ter of the Paris
+Convention and which are of particular public interest,
+unless the consent of the competent authority to their
+registration has been given;
+
+mark, taking account, where appropriate, of the priorities
+claimed in respect of those trade marks:
+(i)
+
+Community trade marks;
+
+trade marks for wines which contain or consist of a
+geographical indication identifying wines or for spirits
+which contain or consist of a geographical indication
+identifying spirits with respect to such wines or spirits not
+having that origin;
+
+(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;
+
+trade marks which contain or consist of a designation of
+origin or a geographical indication registered in accordance
+with Council Regulation (EC) No 510/2006 of 20 March
+2006 on the protection of geographical indications and
+designations of origin for agricultural products and foodstuffs (1) when they correspond to one of the situations
+covered by Article 13 of the said Regulation and regarding
+the same type of product, on condition that the application
+for registration of the trade mark has been submitted after
+the date of filing with the Commission of the application
+for registration of the designation of origin or geographical
+indication.
+
+(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 Community;
+(b)
+
+applications for the trade marks referred to in subparagraph (a), subject to their registration;
+
+(c)
+
+trade marks which, on the date of application for
+registration of the Community trade mark, or, where
+appropriate, of the priority claimed in respect of the
+application for registration of the Community trade mark,
+are well known in a Member State, in the sense in which the
+words ‘well known’ are used in Article 6bis of the Paris
+Convention.
+
+2. Paragraph 1 shall apply notwithstanding that the grounds of
+non-registrability obtain in only part of the Community.
+3. Paragraph 1(b), (c) and (d) shall not apply if the trade mark
+has become distinctive in relation to the goods or services for
+which registration is requested in consequence of the use which
+has been made of it.
+
+3. Upon opposition by the proprietor of the trade mark, a
+trade mark shall not be registered where an agent or
+representative of the proprietor of the trade mark applies for
+registration thereof in his own name without the proprietor's
+consent, unless the agent or representative justifies his action.
+
+Article 8
+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)
+
+(b)
+
+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;
+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.
+
+2. For the purposes of paragraph 1, ‘earlier trade marks’ means:
+(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 Community trade
+
+(1) OJ L 93, 31.3.2006, p. 12.
+
+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
+mere local significance, the trade mark applied for shall not be
+registered where and to the extent that, pursuant to the
+Community legislation or the law of the Member State governing
+that sign:
+(a)
+
+rights to that sign were acquired prior to the date of
+application for registration of the Community trade mark,
+or the date of the priority claimed for the application for
+registration of the Community trade mark;
+
+(b)
+
+that sign confers on its proprietor the right to prohibit the
+use of a subsequent trade mark.
+
+5. Furthermore, upon opposition by the proprietor of an
+earlier trade mark within the meaning of paragraph 2, the trade
+mark applied for shall not be registered where it is identical with,
+or similar to, the earlier trade mark and is to be registered for
+goods or services which are not similar to those for which the
+earlier trade mark is registered, where, in the case of an earlier
+Community trade mark, the trade mark has a reputation in the
+Community and, in the case of an earlier national trade mark, the
+trade mark has a reputation in the Member State concerned and
+where the use without due cause of the trade mark applied for
+would take unfair advantage of, or be detrimental to, the
+distinctive character or the repute of the earlier trade mark.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+L 78/5
+
+SECTION 2
+
+Article 10
+
+Effects of Community trade marks
+
+Reproduction of Community trade marks in dictionaries
+
+Article 9
+Rights conferred by a Community trade mark
+1. A Community trade mark shall confer on the proprietor
+exclusive rights therein. The proprietor shall be entitled to
+prevent all third parties not having his consent from using in the
+course of trade:
+
+If the reproduction of a Community trade mark in a dictionary,
+encyclopaedia or similar reference work gives the impression that
+it constitutes the generic name of the goods or services for which
+the trade mark is registered, the publisher of the work shall, at
+the request of the proprietor of the Community trade mark,
+ensure that the reproduction of the trade mark at the latest in the
+next edition of the publication is accompanied by an indication
+that it is a registered trade mark.
+
+Article 11
+(a)
+
+(b)
+
+(c)
+
+any sign which is identical with the Community trade mark
+in relation to goods or services which are identical with
+those for which the Community trade mark is registered;
+any sign where, because of its identity with, or similarity to,
+the Community trade mark and the identity or similarity of
+the goods or services covered by the Community trade
+mark and the sign, 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;
+any sign which is identical with, or similar to, the
+Community trade mark in relation to goods or services
+which are not similar to those for which the Community
+trade mark is registered, where the latter has a reputation in
+the Community 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 Community trade
+mark.
+
+Prohibition on the use of a Community trade mark
+registered in the name of an agent or representative
+Where a Community trade mark is registered in the name of the
+agent or representative of a person who is the proprietor of that
+trade mark, without the proprietor's authorisation, the latter shall
+be entitled to oppose the use of his mark by his agent or
+representative if he has not authorised such use, unless the agent
+or representative justifies his action.
+
+Article 12
+Limitation of the effects of a Community trade mark
+A Community trade mark shall not entitle the proprietor to
+prohibit a third party from using in the course of trade:
+(a)
+
+his own name or address;
+
+(b)
+
+indications concerning the kind, quality, quantity, intended
+purpose, value, geographical origin, the time of production
+of the goods or of rendering of the service, or other
+characteristics of the goods or service;
+
+(c)
+
+the trade mark where it is necessary to indicate the intended
+purpose of a product or service, in particular as accessories
+or spare parts,
+
+2. The following, inter alia, may be prohibited under paragraph 1:
+(a)
+
+affixing the sign to the goods or to the packaging thereof;
+
+(b)
+
+offering the goods, putting them on the market or stocking
+them for these purposes under that sign, or offering or
+supplying services thereunder;
+
+(c)
+
+importing or exporting the goods under that sign;
+
+(d)
+
+using the sign on business papers and in advertising.
+
+3. The rights conferred by a Community trade mark shall
+prevail against third parties from the date of publication of
+registration of the trade mark. Reasonable compensation may,
+however, be claimed in respect of acts occurring after the date of
+publication of a Community trade mark application, which acts
+would, after publication of the registration of the trade mark, be
+prohibited by virtue of that publication. The court seized of the
+case may not decide upon the merits of the case until the
+registration has been published.
+
+provided he uses them in accordance with honest practices in
+industrial or commercial matters.
+
+Article 13
+Exhaustion of the rights conferred by a Community trade
+mark
+1. A Community trade mark shall not entitle the proprietor to
+prohibit its use in relation to goods which have been put on the
+market in the Community under that trade mark by the
+proprietor or with his consent.
+2. Paragraph 1 shall not apply where there exist legitimate
+reasons for the proprietor to oppose further commercialisation
+of the goods, especially where the condition of the goods is
+changed or impaired after they have been put on the market.
+
+L 78/6
+
+Official Journal of the European Union
+
+EN
+Article 14
+
+Complementary application of national law relating to
+infringement
+1. The effects of Community trade marks shall be governed
+solely by the provisions of this Regulation. In other respects,
+infringement of a Community trade mark shall be governed by
+the national law relating to infringement of a national trade mark
+in accordance with the provisions of Title X.
+2. This Regulation shall not prevent actions concerning a
+Community trade mark being brought under the law of Member
+States relating in particular to civil liability and unfair
+competition.
+3. The rules of procedure to be applied shall be determined in
+accordance with the provisions of Title X.
+
+SECTION 3
+
+24.3.2009
+
+entirety, and for the whole area of the Community, as a national
+trade mark registered in the Member State in which, according to
+the Register of Community trade marks:
+(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.
+
+2. In cases which are not provided for by paragraph 1, the
+Member State referred to in that paragraph shall be the Member
+State in which the seat of the Office is situated.
+3. If two or more persons are mentioned in the Register of
+Community trade marks as joint proprietors, paragraph 1 shall
+apply to the joint proprietor first mentioned; failing this, it shall
+apply to the subsequent joint proprietors in the order in which
+they are mentioned. Where paragraph 1 does not apply to any of
+the joint proprietors, paragraph 2 shall apply.
+
+Use of Community trade marks
+Article 17
+Article 15
+
+Transfer
+
+Use of Community trade marks
+1. If, within a period of five years following registration, the
+proprietor has not put the Community trade mark to genuine
+use in the Community in connection with the goods or services
+in respect of which it is registered, or if such use has been
+suspended during an uninterrupted period of five years, the
+Community trade mark shall be subject to the sanctions provided
+for in this Regulation, unless there are proper reasons for nonuse.
+The following shall also constitute use within the meaning of the
+first subparagraph:
+(a)
+
+use of the Community 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;
+
+(b)
+
+affixing of the Community trade mark to goods or to the
+packaging thereof in the Community solely for export
+purposes.
+
+2. Use of the Community trade mark with the consent of the
+proprietor shall be deemed to constitute use by the proprietor.
+
+SECTION 4
+
+1. A Community 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 it is registered.
+2. A transfer of the whole of the undertaking shall include the
+transfer of the Community trade mark except where, in
+accordance with the law governing the transfer, there is
+agreement to the contrary or circumstances clearly dictate
+otherwise. This provision shall apply to the contractual
+obligation to transfer the undertaking.
+3. Without prejudice to paragraph 2, an assignment of the
+Community trade mark shall be made in writing and shall
+require the signature of the parties to the contract, except when it
+is a result of a judgment; otherwise it shall be void.
+4. Where it is clear from the transfer documents that because
+of the transfer the Community trade mark is likely to mislead the
+public concerning the nature, quality or geographical origin of
+the goods or services in respect of which it is registered, the
+Office shall not register the transfer unless the successor agrees
+to limit registration of the Community trade mark to goods or
+services in respect of which it is not likely to mislead.
+5. On request of one of the parties a transfer shall be entered in
+the Register and published.
+
+Community trade marks as objects of property
+Article 16
+Dealing with Community trade marks as national trade
+marks
+1. Unless Articles 17 to 24 provide otherwise, a Community
+trade mark as an object of property shall be dealt with in its
+
+6. As long as the transfer has not been entered in the Register,
+the successor in title may not invoke the rights arising from the
+registration of the Community trade mark.
+7. Where there are time limits to be observed vis-à-vis the
+Office, the successor in title may make the corresponding
+statements to the Office once the request for registration of the
+transfer has been received by the Office.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+8. All documents which require notification to the proprietor
+of the Community trade mark in accordance with Article 79
+shall be addressed to the person registered as proprietor.
+
+Article 18
+Transfer of a trade mark registered in the name of an agent
+Where a Community trade mark is registered in the name of the
+agent or representative of a person who is the proprietor of that
+trade mark, without the proprietor's authorisation, the latter shall
+be entitled to demand the assignment in his favour of the said
+registration, unless such agent or representative justifies his
+action.
+
+Article 19
+
+L 78/7
+
+2. In the case of joint proprietorship of a Community trade
+mark, paragraph 1 shall apply to the share of the joint
+proprietor.
+3. Where a Community trade mark is involved in insolvency
+proceedings, on request of the competent national authority an
+entry to this effect shall be made in the Register and published in
+the Community Trade Marks Bulletin referred to in Article 89.
+
+Article 22
+Licensing
+1. A Community 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 Community. A licence may be exclusive or nonexclusive.
+
+Rights in rem
+1. A Community trade mark may, independently of the
+undertaking, be given as security or be the subject of rights in
+rem.
+
+2. The proprietor of a Community trade mark may invoke the
+rights conferred by that trade mark against a licensee who
+contravenes any provision in his licensing contract with regard
+to:
+
+2. On request of one of the parties, rights mentioned in
+paragraph 1 shall be entered in the Register and published.
+
+(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.
+
+Article 20
+Levy of execution
+1. A Community trade mark may be levied in execution.
+2. As regards the procedure for levy of execution in respect of a
+Community trade mark, the courts and authorities of the
+Member States determined in accordance with Article 16 shall
+have exclusive jurisdiction.
+
+Insolvency proceedings
+
+3. Without prejudice to the provisions of the licensing
+contract, the licensee may bring proceedings for infringement
+of a Community trade mark only if its proprietor consents
+thereto. However, the holder of an exclusive licence may bring
+such proceedings if the proprietor of the trade mark, after formal
+notice, does not himself bring infringement proceedings within
+an appropriate period.
+
+1. The only insolvency proceedings in which a Community
+trade mark may be involved are those opened in the Member
+State in the territory of which the debtor has his centre of main
+interests.
+
+4. A licensee shall, for the purpose of obtaining compensation
+for damage suffered by him, be entitled to intervene in
+infringement proceedings brought by the proprietor of the
+Community trade mark.
+
+However, where the debtor is an insurance undertaking or a
+credit institution as defined in Directive 2001/17/EC of the
+European Parliament and of the Council of 19 March 2001 on
+the reorganisation and winding-up of insurance undertakings (1)
+and Directive 2001/24/EC of the European Parliament and of the
+Council of 4 April 2001 on the reorganisation and winding up
+of credit institutions (2), respectively, the only insolvency
+proceedings in which a Community trademark may be involved
+are those opened in the Member State where that undertaking or
+institution has been authorised.
+
+5. On request of one of the parties the grant or transfer of a
+licence in respect of a Community trade mark shall be entered in
+the Register and published.
+
+3. On request of one the parties, levy of execution shall be
+entered in the Register and published.
+
+Article 21
+
+(1) OJ L 110, 20.4.2001, p. 28.
+(2) OJ L 125, 5.5.2001, p. 15.
+
+Article 23
+Effects vis-à-vis third parties
+1. Legal acts referred to in Articles 17, 19 and 22 concerning a
+Community trade mark shall have effects vis-à-vis third parties in
+all the Member States only after entry in the Register.
+Nevertheless, such an act, before it is so entered, shall have
+
+L 78/8
+
+Official Journal of the European Union
+
+EN
+
+effect vis-à-vis third parties who have acquired rights in the trade
+mark after the date of that act but who knew of the act at the
+date on which the rights were acquired.
+2. Paragraph 1 shall not apply in the case of a person who
+acquires the Community trade mark or a right concerning the
+Community trade mark by way of transfer of the whole of the
+undertaking or by any other universal succession.
+3. The effects vis-à-vis third parties of the legal acts referred to
+in Article 20 shall be governed by the law of the Member State
+determined in accordance with Article 16.
+
+24.3.2009
+
+3. Applications referred to in paragraph 2 which reach the
+Office more than two months after filing shall be deemed to have
+been filed on the date on which the application reached the
+Office.
+4. Ten years after the entry into force of Regulation (EC)
+No 40/94, the Commission shall draw up a report on the
+operation of the system of filing applications for Community
+trade marks, together with any proposals for modifying this
+system.
+
+Article 26
+4. Until such time as common rules for the Member States in
+the field of bankruptcy enter into force, the effects vis-à-vis third
+parties of bankruptcy or like proceedings shall be governed by
+the law of the Member State in which such proceedings are first
+brought within the meaning of national law or of conventions
+applicable in this field.
+
+Conditions with which applications must comply
+1. An application for a Community trade mark shall contain:
+(a)
+
+The application for a Community trade mark as an object of
+property
+
+(b)
+
+information identifying the applicant;
+
+(c)
+
+a list of the goods or services in respect of which the
+registration is requested;
+
+(d)
+
+Article 24
+
+a request for the registration of a Community trade mark;
+
+a representation of the trade mark.
+
+Articles 16 to 23 shall apply to applications for Community
+trade marks.
+
+TITLE III
+APPLICATION FOR COMMUNITY TRADE MARKS
+
+SECTION 1
+
+Filing of applications and the conditions which govern them
+
+2. The application for a Community trade mark shall be subject
+to the payment of the application fee and, when appropriate, of
+one or more class fees.
+3. An application for a Community trade mark must comply
+with the conditions laid down in the Implementing Regulation
+referred to in Article 162(1), hereinafter referred to as the
+‘Implementing Regulation’.
+
+Article 25
+
+Article 27
+
+Filing of applications
+
+Date of filing
+
+1. An application for a Community trade mark shall be filed, at
+the choice of the applicant:
+
+The date of filing of a Community trade mark application shall
+be the date on which documents containing the information
+specified in Article 26(1) are filed with the Office by the
+applicant or, if the application has been filed with the central
+office of a Member State or with the Benelux Office for
+Intellectual Property, with that office, subject to payment of the
+application fee within a period of one month of filing the
+abovementioned documents.
+
+(a)
+
+at the Office;
+
+(b)
+
+at the central industrial property office of a Member State
+or at the Benelux Office for Intellectual Property. An
+application filed in this way shall have the same effect as if
+it had been filed on the same date at the Office.
+
+Article 28
+2. Where the application is filed at the central industrial
+property office of a Member State or at the Benelux Office for
+Intellectual Property, that office shall take all steps to forward the
+application to the Office within two weeks after filing. It may
+charge the applicant a fee which shall not exceed the
+administrative costs of receiving and forwarding the application.
+
+Classification
+Goods and services in respect of which Community trade marks
+are applied for shall be classified in conformity with the system
+of classification specified in the Implementing Regulation.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+SECTION 2
+
+Priority
+
+L 78/9
+
+application for the purposes of establishing which rights take
+precedence.
+
+Article 29
+
+Article 32
+
+Right of priority
+
+Equivalence of Community filing with national filing
+
+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 Agreement establishing the World Trade Organisation, or his
+successors in title, shall enjoy, for the purpose of filing a
+Community trade mark application for the same trade mark in
+respect of goods or services which are identical with or contained
+within those for which the application has been filed, a right of
+priority during a period of six months from the date of filing of
+the first application.
+
+A Community trade mark application which has been accorded a
+date of filing shall, in the Member States, be equivalent to a
+regular national filing, where appropriate with the priority
+claimed for the Community trade mark application.
+
+SECTION 3
+
+Exhibition priority
+2. Every filing that is equivalent to a regular national filing
+under the national law of the State where it was made or under
+bilateral or multilateral agreements shall be recognised as giving
+rise to a right of priority.
+
+Article 33
+Exhibition priority
+
+3. By a regular national filing is meant any filing that is
+sufficient to establish the date on which the application was filed,
+whatever may be the outcome of the application.
+4. A subsequent application for a trade mark which was the
+subject of a previous first application in respect of the same
+goods or services and which is filed in or in respect of the same
+State shall be considered as the first application for the purposes
+of determining priority, provided that, at the date of filing of the
+subsequent application, the previous application has been
+withdrawn, abandoned or refused, without being open to public
+inspection and without leaving any rights outstanding, and has
+not served as a basis for claiming a right of priority. The previous
+application may not thereafter serve as a basis for claiming a
+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 Organisation, paragraphs 1 to 4 shall apply only
+in so far as that State, according to published findings, grants, on
+the basis of the first filing made at the Office and subject to
+conditions equivalent to those laid down in this Regulation, a
+right of priority having equivalent effect.
+
+1. If an applicant for a Community trade mark has displayed
+goods or services under the mark applied for, at an official or
+officially recognised international exhibition falling within the
+terms of the Convention on International Exhibitions signed at
+Paris on 22 November 1928 and last revised on 30 November
+1972, he may, if he files the application within a period of six
+months from the date of the first display of the goods or services
+under the mark applied for, claim a right of priority from that
+date within the meaning of Article 31.
+2. An applicant who wishes to claim priority pursuant to
+paragraph 1 must file evidence of the display of goods or services
+under the mark applied for under the conditions laid down in
+the Implementing Regulation.
+3. An exhibition priority granted in a Member State or in a
+third country does not extend the period of priority laid down in
+Article 29.
+
+SECTION 4
+
+Article 30
+
+Claiming the seniority of a national trade mark
+
+Claiming priority
+An applicant desiring to take advantage of the priority of a
+previous application shall file a declaration of priority and a copy
+of the previous application. If the language of the latter is not
+one of the languages of the Office, the applicant shall file a
+translation of the previous application in one of those languages.
+
+Article 31
+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 Community trade mark
+
+Article 34
+Claiming the seniority of a national trade mark
+1. The proprietor of an earlier trade mark registered in a
+Member State, including a trade mark registered in the Benelux
+countries, or registered under international arrangements having
+effect in a Member State, who applies for an identical trade mark
+for registration as a Community trade mark for goods or services
+which are identical with or contained within those for which the
+earlier trade mark has been registered, may claim for the
+Community trade mark the seniority of the earlier trade mark in
+respect of the Member State in or for which it is registered.
+
+L 78/10
+
+Official Journal of the European Union
+
+EN
+
+2. Seniority shall have the sole effect under this Regulation
+that, where the proprietor of the Community trade mark
+surrenders the earlier trade mark or allows it to lapse, he shall be
+deemed to continue to have the same rights as he would have
+had if the earlier trade mark had continued to be registered.
+3. The seniority claimed for the Community trade mark shall
+lapse if the earlier trade mark the seniority of which is claimed is
+declared to have been revoked or to be invalid or if it is
+surrendered prior to the registration of the Community trade
+mark.
+
+Article 35
+Claiming seniority after registration of the Community
+trade mark
+1. The proprietor of a Community trade mark who is the
+proprietor of an earlier identical trade mark registered in a
+Member State, including a trade mark registered in the Benelux
+countries or of an earlier identical trade mark, with an
+international registration effective in a Member State, for goods
+or services which are identical to those for which the earlier trade
+mark has been registered, or contained within them, may claim
+the seniority of the earlier trade mark in respect of the Member
+State in or for which it was registered.
+2. Article 34(2) and (3) shall apply.
+
+24.3.2009
+
+3. If the deficiencies or the default on payment established
+pursuant to paragraph 1(a) are not remedied within this period,
+the application shall not be dealt with as a Community trade
+mark application. If the applicant complies with the Office's
+request, the Office shall accord as the date of filing of the
+application the date on which the deficiencies or the default on
+payment established are remedied.
+4. If the deficiencies established pursuant to paragraph 1(b) are
+not remedied within the prescribed period, the Office shall refuse
+the application.
+5. If the default on payment established pursuant to paragraph 1(c) is not remedied within the prescribed period, the
+application shall be deemed to be withdrawn unless it is clear
+which categories of goods or services the amount paid is
+intended to cover.
+6. Failure to satisfy the requirements concerning the claim to
+priority shall result in loss of the right of priority for the
+application.
+7. Failure to satisfy the requirements concerning the claiming
+of seniority of a national trade mark shall result in loss of that
+right for the application.
+
+Article 37
+Examination as to absolute grounds for refusal
+
+TITLE IV
+REGISTRATION PROCEDURE
+
+SECTION 1
+
+Examination of applications
+
+Article 36
+Examination of the conditions of filing
+1. The Office shall examine whether:
+(a)
+
+the Community trade mark application satisfies the
+requirements for the accordance of a date of filing in
+accordance with Article 27;
+
+(b)
+
+the Community trade mark application complies with the
+conditions laid down in this Regulation and with the
+conditions laid down in the Implementing Regulation;
+
+(c)
+
+where appropriate, the class fees have been paid within the
+prescribed period.
+
+1. Where, under Article 7, a trade mark is ineligible for
+registration in respect of some or all of the goods or services
+covered by the Community trade mark application, the
+application shall be refused as regards those goods or services.
+2. Where the trade mark contains an element which is not
+distinctive, and where the inclusion of that element in the trade
+mark could give rise to doubts as to the scope of protection of
+the trade mark, the Office may request, as a condition for
+registration of said trade mark, that the applicant state that he
+disclaims any exclusive right to such element. Any disclaimer
+shall be published together with the application or the
+registration of the Community trade mark, as the case may be.
+3. The application shall not be refused before the applicant has
+been allowed the opportunity of withdrawing or amending the
+application or of submitting his observations.
+
+SECTION 2
+
+Search
+
+Article 38
+Search
+
+2. Where the Community trade mark application does not
+satisfy the requirements referred to in paragraph 1, the Office
+shall request the applicant to remedy the deficiencies or the
+default on payment within the prescribed period.
+
+1. Once the Office has accorded a date of filing, it shall draw up
+a Community search report citing those earlier Community trade
+marks or Community trade mark applications discovered which
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+may be invoked under Article 8 against the registration of the
+Community trade mark applied for.
+2. Where, at the time of filing a Community trade mark
+application, the applicant requests that a search report also be
+prepared by the central industrial property offices of the Member
+States and where the appropriate search fee has been paid within
+the time limit for the payment of the filing fee, the Office shall, as
+soon as a Community trade mark application has been accorded
+a date of filing, transmit a copy thereof to the central industrial
+property office of each Member State which has informed the
+Office of its decision to operate a search in its own register of
+trade marks in respect of Community trade mark applications.
+
+referred to in Article 38(7) has expired, the application shall be
+published to the extent that it has not been refused pursuant to
+Article 37.
+
+2. Where, after publication, the application is refused under
+Article 37, the decision that it has been refused shall be
+published upon becoming final.
+
+SECTION 4
+
+Observations by third parties and opposition
+
+3. Each of the central industrial property offices referred to in
+paragraph 2 shall communicate to the Office within two months
+as from the date on which it received the Community trade mark
+application a search report which shall either cite those earlier
+national trade marks or trade mark applications discovered
+which may be invoked under Article 8 against the registration of
+the Community trade mark applied for, or state that the search
+has revealed no such rights.
+4. The search reports referred to in paragraph 3 shall be
+prepared on a standard form drawn up by the Office, after
+consulting the Administrative Board provided for in Article 126(1), hereinafter referred to as ‘the Administrative Board’.
+The essential contents of this form shall be set out in the
+Implementing Regulation.
+
+L 78/11
+
+Article 40
+Observations by third parties
+1. Following the publication of the Community trade mark
+application, any natural or legal person and any group or body
+representing manufacturers, producers, suppliers of services,
+traders or consumers may submit to the Office written
+observations, explaining on which grounds under Article 7, in
+particular, the trade mark shall not be registered ex officio. They
+shall not be parties to the proceedings before the Office.
+
+5. An amount shall be paid by the Office to each central
+industrial property office for each search report provided by that
+office in accordance with paragraph 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
+three-quarters of the representatives of the Member States.
+
+2. The observations referred to in paragraph 1 shall be
+communicated to the applicant who may comment on them.
+
+6. The Office shall transmit without delay to the applicant for
+the Community trade mark the Community search report and
+any requested national search reports received within the time
+limit laid down in paragraph 3.
+
+Opposition
+
+7. Upon publication of the Community trade mark application,
+which may not take place before the expiry of a period of one
+month as from the date on which the Office transmits the search
+reports to the applicant, the Office shall inform the proprietors
+of any earlier Community trade marks or Community trade mark
+applications cited in the Community search report of the
+publication of the Community trade mark application.
+
+Article 41
+
+1. Within a period of three months following the publication
+of a Community trade mark application, notice of opposition to
+registration of the trade mark may be given on the grounds that
+it may not be registered under Article 8:
+
+(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.
+
+SECTION 3
+
+Publication of the application
+
+Article 39
+Publication of the application
+1. If the conditions which the application for a Community
+trade mark must satisfy have been fulfilled and if the period
+
+2. Notice of opposition to registration of the trade mark may
+also be given, subject to the conditions laid down in paragraph 1,
+in the event of the publication of an amended application in
+accordance with the second sentence of Article 43(2).
+
+L 78/12
+
+Official Journal of the European Union
+
+EN
+
+3. Opposition must be expressed in writing and must specify
+the grounds on which it is made. It shall not be treated as duly
+entered until the opposition fee has been paid. Within a period
+fixed by the Office, the opponent may submit in support of his
+case facts, evidence and arguments.
+
+Article 42
+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
+period set them by the Office, on communications from the
+other parties or issued by itself.
+
+24.3.2009
+
+contained therein. Where the application has already been
+published, the withdrawal or restriction shall also be published.
+2. In other respects, a Community trade mark application may
+be amended, upon request of the applicant, only by correcting
+the name and address of the applicant, errors of wording or of
+copying, or obvious mistakes, provided that such correction does
+not substantially change the trade mark or extend the list of
+goods or services. Where the amendments affect the representation of the trade mark or the list of goods or services and are
+made after publication of the application, the trade mark
+application shall be published as amended.
+
+Article 44
+2. If the applicant so requests, the proprietor of an earlier
+Community trade mark who has given notice of opposition shall
+furnish proof that, during the period of five years preceding the
+date of publication of the Community trade mark application,
+the earlier Community trade mark has been put to genuine use in
+the Community in connection with the goods or services in
+respect of which it is registered and which he cites as justification
+for his opposition, or that there are proper reasons for non-use,
+provided the earlier Community trade mark has at that date been
+registered for not less than five years. In the absence of proof to
+this effect, the opposition shall be rejected. If the earlier
+Community trade mark has been used in relation to part only
+of the goods or services for which it is registered it shall, for the
+purposes of the examination of the opposition, be deemed to be
+registered in respect only of that part of the goods or services.
+
+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
+will be the subject of one or more divisional applications. The
+goods or services in the divisional application shall not overlap
+with the goods or services which remain in the original
+application or those which are included in other divisional
+applications.
+2. The declaration of division shall not be admissible:
+(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;
+
+4. The Office may, if it thinks fit, invite the parties to make a
+friendly settlement.
+
+(b)
+
+during the periods laid down in the Implementing
+Regulation.
+
+5. If examination of the opposition reveals that the trade mark
+may not be registered in respect of some or all of the goods or
+services for which the Community trade mark application has
+been made, the application shall be refused in respect of those
+goods or services. Otherwise the opposition shall be rejected.
+
+3. The declaration of division must comply with the provisions
+set out in the Implementing Regulation.
+
+3. Paragraph 2 shall apply to earlier national trade marks
+referred to in Article 8(2)(a), by substituting use in the Member
+State in which the earlier national trade mark is protected for use
+in the Community.
+
+6. The decision refusing the application shall be published
+upon becoming final.
+
+4. The declaration of division shall be subject to a fee. The
+declaration shall be deemed not to have been made until the fee
+has been paid.
+5. The division shall take effect on the date on which it is
+recorded in the files kept by the Office concerning the original
+application.
+
+SECTION 5
+
+Withdrawal, restriction, amendment and division of the
+application
+
+Article 43
+Withdrawal, restriction and amendment of the application
+1. The applicant may at any time withdraw his Community
+trade mark application or restrict the list of goods or services
+
+6. All requests and applications submitted and all fees paid
+with regard to the original application prior to the date on which
+the Office receives the declaration of division are deemed also to
+have been submitted or paid with regard to the divisional
+application or applications. The fees for the original application
+which have been duly paid prior to the date on which the
+declaration of division is received shall not be refunded.
+7. The divisional application shall preserve the filing date and
+any priority date and seniority date of the original application.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+L 78/13
+
+SECTION 6
+
+Article 48
+
+Registration
+
+Alteration
+
+Article 45
+
+1. The Community trade mark shall not be altered in the
+Register during the period of registration or on renewal thereof.
+
+Registration
+Where an application meets the requirements of this Regulation
+and where no notice of opposition has been given within the
+period referred to in Article 41(1) or where opposition has been
+rejected by a definitive decision, the trade mark shall be
+registered as a Community trade mark, provided that the
+registration fee has been paid within the period prescribed. If the
+fee is not paid within this period the application shall be deemed
+to be withdrawn.
+
+2. Nevertheless, where the Community trade mark includes the
+name and address of the proprietor, any alteration thereof not
+substantially affecting the identity of the trade mark as originally
+registered may be registered at the request of the proprietor.
+3. The publication of the registration of the alteration shall
+contain a representation of the Community trade mark as
+altered. Third parties whose rights may be affected by the
+alteration may challenge the registration thereof within a period
+of three months following publication.
+
+TITLE V
+
+Article 49
+
+DURATION, RENEWAL, ALTERATION AND DIVISION OF
+COMMUNITY TRADE MARKS
+
+Division of the registration
+
+Article 46
+Duration of registration
+Community trade marks shall be registered for a period of 10
+years from the date of filing of the application. Registration may
+be renewed in accordance with Article 47 for further periods of
+10 years.
+Article 47
+
+1. The proprietor of the Community trade mark may divide the
+registration by declaring that some of the goods or services
+included in the original registration will be the subject of one or
+more divisional registrations. The goods or services in the
+divisional registration shall not overlap with the goods or
+services which remain in the original registration or those which
+are included in other divisional registrations.
+2. The declaration of division shall not be admissible:
+(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 a Community
+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 Community trade mark court's judgment
+is recorded in the Register pursuant to Article 100(6).
+
+Renewal
+1. Registration of the Community trade mark shall be renewed
+at the request of the proprietor of the trade mark or any person
+expressly authorised by him, provided that the fees have been
+paid.
+2. The Office shall inform the proprietor of the Community
+trade mark, and any person having a registered right in respect of
+the Community trade mark, of the expiry of the registration in
+good time before the said expiry. Failure to give such information
+shall not involve the responsibility of the Office.
+3. The request for renewal shall be submitted within a period
+of six months ending on the last day of the month in which
+protection ends. The fees shall also be paid within this period.
+Failing this, the request may be submitted and the fees paid
+within a further period of six months following the day referred
+to in the first sentence, provided that an additional fee is paid
+within this further period.
+4. Where the request is submitted or the fees paid in respect of
+only some of the goods or services for which the Community
+trade mark is registered, registration shall be renewed for those
+goods or services only.
+5. Renewal shall take effect from the day following the date on
+which the existing registration expires. The renewal shall be
+registered.
+
+3. The declaration of division must comply with the provisions
+set out in the Implementing Regulation.
+4. The declaration of division shall be subject to a fee. The
+declaration shall be deemed not to have been made until the fee
+has been paid.
+5. The division shall take effect on the date on which it is
+entered in the Register.
+6. All requests and applications submitted and all fees paid
+with regard to the original registration prior to the date on which
+the Office receives the declaration of division shall be deemed
+
+L 78/14
+
+Official Journal of the European Union
+
+EN
+
+also to have been submitted or paid with regard to the divisional
+registration or registrations. The fees for the original registration
+which have been duly paid prior to the date on which the
+declaration of division is received shall not be refunded.
+
+24.3.2009
+
+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;
+
+7. The divisional registration shall preserve the filing date and
+any priority date and seniority date of the original registration.
+
+(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)
+
+TITLE VI
+
+if, in consequence of the use made of it 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.
+
+SURRENDER, REVOCATION AND INVALIDITY
+
+SECTION 1
+
+Surrender
+
+Article 50
+Surrender
+
+2. Where the grounds for revocation of rights exist in respect
+of only some of the goods or services for which the Community
+trade mark is registered, the rights of the proprietor shall be
+declared to be revoked in respect of those goods or services only.
+
+1. A Community trade mark may be surrendered in respect of
+some or all of the goods or services for which it is registered.
+2. The surrender shall be declared to the Office in writing by
+the proprietor of the trade mark. It shall not have effect until it
+has been entered in the Register.
+3. Surrender shall be entered only with the agreement of the
+proprietor of a right entered in the Register. If a licence has been
+registered, surrender shall be entered in the Register only if the
+proprietor of the trade mark proves that he has informed the
+licensee of his intention to surrender; this entry shall be made on
+expiry of the period prescribed by the Implementing Regulation.
+
+SECTION 3
+
+Grounds for invalidity
+
+Article 52
+Absolute grounds for invalidity
+1. A Community trade mark shall be declared invalid on
+application to the Office or on the basis of a counterclaim in
+infringement proceedings:
+
+SECTION 2
+
+Grounds for revocation
+
+Article 51
+
+(a)
+
+where the Community 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.
+
+Grounds for revocation
+1. The rights of the proprietor of the Community trade mark
+shall be declared to be revoked on application to the Office or on
+the basis of a counterclaim in infringement proceedings:
+(a)
+
+if, within a continuous period of five years, the trade mark
+has not been put to genuine use in the Community 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 a Community trade mark should be revoked where,
+during the interval between expiry of the five-year period
+
+2. Where the Community trade mark has been registered in
+breach of the provisions of Article 7(1)(b), (c) or (d), it may
+nevertheless not be declared invalid if, in consequence of the use
+which has been made of it, it has after registration acquired a
+distinctive character in relation to the goods or services for which
+it is registered.
+
+3. Where the ground for invalidity exists in respect of only
+some of the goods or services for which the Community trade
+mark is registered, the trade mark shall be declared invalid as
+regards those goods or services only.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+Article 53
+
+Relative grounds for invalidity
+1. A Community trade mark shall be declared invalid on
+application to the Office or on the basis of a counterclaim in
+infringement proceedings:
+(a)
+
+where there is an earlier trade mark as referred to in
+Article 8(2) and the conditions set out in paragraph 1 or
+paragraph 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.
+
+2. A Community trade mark shall also be declared invalid on
+application to the Office or on the basis of a counterclaim in
+infringement proceedings where the use of such trade mark may
+be prohibited pursuant to another earlier right under the
+Community legislation or national law governing its protection,
+and in particular:
+
+L 78/15
+
+mark has been used, unless registration of the later Community
+trade mark was applied for in bad faith.
+2. Where the proprietor of an earlier national trade mark as
+referred to in Article 8(2) or of another earlier sign referred to in
+Article 8(4) has acquiesced, for a period of five successive years,
+in the use of a later Community trade mark in the Member State
+in which the earlier trade mark or the other earlier sign is
+protected while being aware of such use, he shall no longer be
+entitled on the basis of the earlier trade mark or of the other
+earlier sign either to apply for a declaration that the later trade
+mark is invalid or to oppose the use of the later trade mark in
+respect of the goods or services for which the later trade mark
+has been used, unless registration of the later Community trade
+mark was applied for in bad faith.
+3. In the cases referred to in paragraphs 1 and 2, the proprietor
+of a later Community trade mark shall not be entitled to oppose
+the use of the earlier right, even though that right may no longer
+be invoked against the later Community trade mark.
+
+SECTION 4
+
+(a)
+
+a right to a name;
+
+(b)
+
+a right of personal portrayal;
+
+(c)
+
+a copyright;
+
+Consequences of revocation and invalidity
+
+Article 55
+Consequences of revocation and invalidity
+
+(d)
+
+an industrial property right.
+
+3. A Community trade mark may not be declared invalid where
+the proprietor of a right referred to in paragraphs 1 or 2 consents
+expressly to the registration of the Community trade mark before
+submission of the application for a declaration of invalidity or
+the counterclaim.
+4. Where the proprietor of one of the rights referred to in
+paragraphs 1 or 2 has previously applied for a declaration that a
+Community trade mark is invalid or made a counterclaim in
+infringement proceedings, he may not submit a new application
+for a declaration of invalidity or lodge a counterclaim on the
+basis of another of the said rights which he could have invoked
+in support of his first application or counterclaim.
+5. Article 52(3) shall apply.
+
+Article 54
+
+1. The Community trade mark shall be deemed not to have
+had, as from the date of the application for revocation or of the
+counterclaim, the effects specified in this Regulation, to the
+extent that the rights of the proprietor have been revoked. An
+earlier date, on which one of the grounds for revocation
+occurred, may be fixed in the decision at the request of one of the
+parties.
+2. The Community trade mark shall be deemed not to have
+had, as from the outset, the effects specified in this Regulation, to
+the extent that the trade mark has been declared invalid.
+3. Subject to the national provisions relating either to claims
+for compensation for damage caused by negligence or lack of
+good faith on the part of the proprietor of the trade mark, or to
+unjust enrichment, the retroactive effect of revocation or
+invalidity of the trade mark shall not affect:
+(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.
+
+Limitation in consequence of acquiescence
+1. Where the proprietor of a Community trade mark has
+acquiesced, for a period of five successive years, in the use of a
+later Community trade mark in the Community while being
+aware of such use, he shall no longer be entitled on the basis of
+the earlier trade mark either to apply for a declaration that the
+later trade mark is invalid or to oppose the use of the later trade
+mark in respect of the goods or services for which the later trade
+
+L 78/16
+
+Official Journal of the European Union
+
+EN
+SECTION 5
+
+Proceedings in the Office in relation to revocation or invalidity
+
+Article 56
+
+24.3.2009
+
+at that date. In the absence of proof to this effect the application
+for a declaration of invalidity shall be rejected. If the earlier
+Community trade mark has been used in relation to part only of
+the goods or services for which it is registered, it shall, for the
+purpose of the examination of the application for a declaration
+of invalidity, be deemed to be registered in respect only of that
+part of the goods or services.
+
+Application for revocation or for a declaration of invalidity
+1. An application for revocation of the rights of the proprietor
+of a Community trade mark or for a declaration that the trade
+mark is invalid may be submitted to the Office:
+(a)
+
+where Articles 51 and 52 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 53(1) applies, by the persons referred to in
+Article 41(1);
+
+(c)
+
+where Article 53(2) applies, by the owners of the earlier
+rights referred to in that provision or by the persons who
+are entitled under the law of the Member State concerned
+to exercise the rights in question.
+
+2. The application shall be filed in a written reasoned
+statement. It shall not be deemed to have been filed until the
+fee has been paid.
+3. An application for revocation or for a declaration of
+invalidity shall be inadmissible if an application relating to the
+same subject matter and cause of action, and involving the same
+parties, has been adjudicated on by a court in a Member State
+and has acquired the authority of a final decision.
+
+Article 57
+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 the
+parties, as often as necessary, to file observations, within a period
+to be fixed by the Office, on communications from the other
+parties or issued by itself.
+2. If the proprietor of the Community trade mark so requests,
+the proprietor of an earlier Community trade mark, being a party
+to the invalidity proceedings, shall furnish proof that, during the
+period of five years preceding the date of the application for a
+declaration of invalidity, the earlier Community trade mark has
+been put to genuine use in the Community in connection with
+the goods or services in respect of which it is registered and
+which he cites as justification for his application, or that there are
+proper reasons for non-use, provided the earlier Community
+trade mark has at that date been registered for not less than five
+years. If, at the date on which the Community trade mark
+application was published, the earlier Community trade mark
+had been registered for not less than five years, the proprietor of
+the earlier Community trade mark shall furnish proof that, in
+addition, the conditions contained in Article 42(2) were satisfied
+
+3. Paragraph 2 shall apply to earlier national trade marks
+referred to in Article 8(2)(a), by substituting use in the Member
+State in which the earlier national trade mark is protected for use
+in the Community.
+4. The Office may, if it thinks fit, invite the parties to make a
+friendly settlement.
+5. If the examination of the application for revocation of rights
+or for a declaration of invalidity reveals that the trade mark
+should not have been registered in respect of some or all of the
+goods or services for which it is registered, the rights of the
+proprietor of the Community trade mark shall be revoked or it
+shall be declared invalid in respect of those goods or services.
+Otherwise the application for revocation of rights or for a
+declaration of invalidity shall be rejected.
+6. A record of the Office's decision on the application for
+revocation of rights or for a declaration of invalidity shall be
+entered in the Register once it has become final.
+
+TITLE VII
+APPEALS
+
+Article 58
+Decisions subject to appeal
+1. An appeal shall lie from decisions of the examiners,
+Opposition Divisions, Administration of Trade Marks and Legal
+Divisions and Cancellation Divisions. It shall have suspensive
+effect.
+2. A decision which does not terminate proceedings as regards
+one of the parties can only be appealed together with the final
+decision, unless the decision allows separate appeal.
+
+Article 59
+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 the proceedings shall be parties to
+the appeal proceedings as of right.
+
+Article 60
+Time limit and form of appeal
+Notice of appeal must be filed in writing at the Office within two
+months after the date of notification of the decision appealed
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+from. The notice shall be deemed to have been filed only when
+the fee for appeal has been paid. Within four months after the
+date of notification of the decision, a written statement setting
+out the grounds of appeal must be filed.
+
+L 78/17
+Article 64
+
+Decisions in respect of appeals
+
+Revision of decisions in ex parte cases
+
+1. Following the examination as to the allowability of the
+appeal, the Board of Appeal shall decide on the appeal. The
+Board of Appeal may either exercise any power within the
+competence of the department which was responsible for the
+decision appealed or remit the case to that department for
+further prosecution.
+
+1. If the party which has lodged the appeal is the sole party to
+the procedure, and if the department whose decision is contested
+considers the appeal to be admissible and well founded, the
+department shall rectify its decision.
+
+2. If the Board of Appeal remits the case for further
+prosecution to the department whose decision was appealed,
+that department shall be bound by the ratio decidendi of the Board
+of Appeal, in so far as the facts are the same.
+
+2. If the decision is not rectified within one month after receipt
+of the statement of grounds, the appeal shall be remitted to the
+Board of Appeal without delay, and without comment as to its
+merit.
+
+3. The decisions of the Boards of Appeal shall take effect only
+as from the date of expiration of the period referred to in
+Article 65(5) or, if an action has been brought before the Court
+of Justice within that period, as from the date of dismissal of such
+action.
+
+Article 62
+
+Article 65
+
+Revision of decisions in inter partes cases
+
+Actions before the Court of Justice
+
+Article 61
+
+1. Where the party which has lodged the appeal is opposed by
+another party and if the department whose decision is contested
+considers the appeal to be admissible and well founded, it shall
+rectify its decision.
+2. The decision may be rectified only if the department whose
+decision is contested notifies the other party of its intention to
+rectify it, and that party accepts it within two months of the date
+on which it received the notification.
+3. If, within two months of receiving the notification referred
+to in paragraph 2, the other party does not accept that the
+contested decision is to be rectified and makes a declaration to
+that effect or does not make any declaration within the period
+laid down, the appeal shall be remitted to the Board of Appeal
+without delay, and without comment as to its merit.
+4. However, if the department whose decision is contested does
+not consider the appeal to be admissible and well founded within
+one month after receipt of the statement of grounds, it shall,
+instead of taking the measures provided for in paragraphs 2 and
+3, remit the appeal to the Board of Appeal without delay, and
+without comment as to its merit.
+
+1. Actions may be brought before the Court of Justice against
+decisions of the Boards of Appeal on appeals.
+2. The action may be brought on grounds of lack of
+competence, infringement of an essential procedural requirement, infringement of the Treaty, of this Regulation or of any
+rule of law relating to their application or misuse of power.
+3. The Court of Justice has jurisdiction to annul or to alter the
+contested decision.
+4. The action shall be open to any party to proceedings before
+the Board of Appeal adversely affected by its decision.
+5. The action shall be brought before the Court of Justice
+within two months of the date of notification of the decision of
+the Board of Appeal.
+6. The Office shall be required to take the necessary measures
+to comply with the judgment of the Court of Justice.
+
+TITLE VIII
+COMMUNITY COLLECTIVE MARKS
+
+Article 63
+
+Article 66
+
+Examination of appeals
+
+Community collective marks
+
+1. If the appeal is admissible, the Board of Appeal shall
+examine whether the appeal is allowable.
+
+1. A Community collective mark shall be a Community trade
+mark which is described as such when the mark is applied for
+and is capable of distinguishing the goods or services of the
+members of the association which is the proprietor of the mark
+from those of other undertakings. Associations of manufacturers,
+producers, suppliers of services, or traders which, under the
+terms of the law governing them, have the capacity in their own
+name to have rights and obligations of all kinds, to make
+
+2. In the examination of the appeal, the Board of Appeal shall
+invite the parties, as often as necessary, to file observations,
+within a period to be fixed by the Board of Appeal, on
+communications from the other parties or issued by itself.
+
+L 78/18
+
+Official Journal of the European Union
+
+EN
+
+Article 70
+
+contracts or accomplish other legal acts and to sue and be sued,
+as well as legal persons governed by public law, may apply for
+Community collective marks.
+2. In derogation from Article 7(1)(c), signs or indications
+which may serve, in trade, to designate the geographical origin of
+the goods or services may constitute Community collective
+marks within the meaning of paragraph 1. A collective mark
+shall not entitle the proprietor to prohibit a third party from
+using in the course of trade such signs or indications, provided
+he uses them in accordance with honest practices in industrial or
+commercial matters; in particular, such a mark may not be
+invoked against a third party who is entitled to use a
+geographical name.
+3. The provisions of this Regulation shall apply to Community
+collective marks, unless Articles 67 to 74 provide otherwise.
+
+Article 67
+Regulations governing use of the mark
+1. An applicant for a Community collective mark must submit
+regulations governing its use within the period prescribed.
+2. The regulations governing use shall specify the persons
+authorised to use the mark, the conditions of membership of the
+association and, where they exist, the conditions of use of the
+mark, including sanctions. The regulations governing use of a
+mark referred to in Article 66(2) must authorise any person
+whose goods or services originate in the geographical area
+concerned to become a member of the association which is the
+proprietor of the mark.
+
+Article 68
+Refusal of the application
+1. In addition to the grounds for refusal of a Community trade
+mark application provided for in Articles 36 and 37, an
+application for a Community collective mark shall be refused
+where the provisions of Articles 66 or 67 are not satisfied, or
+where the regulations governing use are contrary to public policy
+or to accepted principles of morality.
+2. An application for a Community collective mark shall also
+be refused if the public is liable to be misled as regards the
+character or the significance of the mark, in particular if it is
+likely to be taken to be something other than a collective mark.
+
+24.3.2009
+
+Use of marks
+Use of a Community collective mark by any person who has
+authority to use it shall satisfy the requirements of this
+Regulation, provided that the other conditions which this
+Regulation imposes with regard to the use of Community trade
+marks are fulfilled.
+Article 71
+Amendment of the regulations governing use of the mark
+1. The proprietor of a Community collective mark must
+submit to the Office any amended regulations governing use.
+2. The amendment shall not be mentioned in the Register if the
+amended regulations do not satisfy the requirements of Article 67
+or involve one of the grounds for refusal referred to in
+Article 68.
+3. Article 69 shall apply to amended regulations governing use.
+4. For the purposes of applying this Regulation, amendments
+to the regulations governing use shall take effect only from the
+date of entry of the mention of the amendment in the Register.
+Article 72
+Persons who are entitled to bring an action for
+infringement
+1. The provisions of Article 22(3) and (4) concerning the rights
+of licensees shall apply to every person who has authority to use
+a Community collective mark.
+2. The proprietor of a Community collective mark shall be
+entitled to claim compensation on behalf of persons who have
+authority to use the mark where they have sustained damage in
+consequence of unauthorised use of the mark.
+Article 73
+Grounds for revocation
+Apart from the grounds for revocation provided for in Article 51,
+the rights of the proprietor of a Community collective mark shall
+be revoked on application to the Office or on the basis of a
+counterclaim in infringement proceedings, if:
+(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 68(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 71(2), unless the proprietor of the
+mark, by further amending the regulations governing use,
+complies with the requirements of those provisions.
+
+3. An application shall not be refused if the applicant, as a
+result of amendment of the regulations governing use, meets the
+requirements of paragraphs 1 and 2.
+
+Article 69
+Observations by third parties
+Apart from the cases mentioned in Article 40, any person, group
+or body referred to in that Article may submit to the Office
+written observations based on the particular grounds on which
+the application for a Community collective mark should be
+refused under the terms of Article 68.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+L 78/19
+
+Article 74
+
+Article 78
+
+Grounds for invalidity
+
+Taking of evidence
+
+Apart from the grounds for invalidity provided for in Articles 52
+and 53, a Community collective mark which is registered in
+breach of the provisions of Article 68 shall be declared invalid on
+application to the Office or on the basis of a counterclaim in
+infringement proceedings, unless the proprietor of the mark, by
+amending the regulations governing use, complies with the
+requirements of those provisions.
+
+1. In any proceedings before the Office, the means of giving or
+obtaining evidence shall include the following:
+(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.
+
+TITLE IX
+PROCEDURE
+
+SECTION 1
+
+General provisions
+
+Article 75
+Statement of reasons on which decisions are based
+
+2. The relevant department may commission one of its
+members to examine the evidence adduced.
+
+Decisions of the Office shall state the reasons on which they are
+based. They shall be based only on reasons or evidence on which
+the parties concerned have had on opportunity to present their
+comments.
+
+3. If the Office considers it necessary for a party, witness or
+expert to give evidence orally, it shall issue a summons to the
+person concerned to appear before it.
+
+Article 76
+
+4. The parties shall be informed of the hearing of a witness or
+expert before the Office. They shall have the right to be present
+and to put questions to the witness or expert.
+
+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 proceedings relating to relative
+grounds for refusal of registration, the Office shall be restricted in
+this examination to the facts, evidence and arguments provided
+by the parties and the relief sought.
+2. The Office may disregard facts or evidence which are not
+submitted in due time by the parties concerned.
+
+Article 79
+Notification
+The Office shall, as a matter of course, notify those concerned of
+decisions and summonses and of any notice or other communication from which a time limit is reckoned, or of which those
+concerned must be notified under other provisions of this
+Regulation or of the Implementing Regulation, or of which
+notification has been ordered by the President of the Office.
+
+Article 77
+Oral proceedings
+
+Article 80
+
+1. If the Office considers that oral proceedings would be
+expedient they shall be held either at the instance of the Office or
+at the request of any party to the proceedings.
+
+Revocation of decisions
+
+2. Oral proceedings before the examiners, the Opposition
+Division and the Administration of Trade Marks and Legal
+Division shall not be public.
+3. Oral proceedings, including delivery of the decision, shall be
+public before the Cancellation Division and the Boards of
+Appeal, in so far as the department before which the proceedings
+are taking place does not decide otherwise in cases where
+admission of the public could have serious and unjustified
+disadvantages, in particular for a party to the proceedings.
+
+1. Where the Office has made an entry in the Register or taken
+a decision which contains an obvious procedural error
+attributable to the Office, it shall ensure that the entry is
+cancelled or the decision is revoked. Where there is only one
+party to the proceedings and the entry or the act affects its rights,
+cancellation or revocation shall be determined even if the error
+was not evident to the party.
+2. Cancellation or revocation as referred to in paragraph 1 shall
+be determined, ex officio or at the request of one of the parties to
+the proceedings, by the department which made the entry or
+took the decision. Cancellation or revocation shall be determined
+
+L 78/20
+
+Official Journal of the European Union
+
+EN
+
+within six months from the date on which the entry was made in
+the Register or the decision was taken, after consultation with the
+parties to the proceedings and any proprietor of rights to the
+Community trade mark in question that are entered in the
+Register.
+3. This Article shall be without prejudice to the right of the
+parties to submit an appeal under Articles 58 and 65, or to the
+possibility, under the procedures and conditions laid down by
+the Implementing Regulation, of correcting any linguistic errors
+or errors of transcription and obvious errors in the Office's
+decisions or errors attributable to the Office in registering the
+trade mark or in publishing its registration.
+
+Article 81
+Restitutio in integrum
+1. The applicant for or proprietor of a Community trade mark
+or any other party to proceedings before the Office who, in spite
+of all due care required by the circumstances having been taken,
+was unable to comply with a time limit vis-à-vis the Office shall,
+upon application, have his rights re-established if the obstacle to
+compliance has the direct consequence, by virtue of the
+provisions of this Regulation, of causing the loss of any right
+or means of redress.
+2. The application must be filed in writing within two months
+from the removal of the obstacle to compliance with the time
+limit. The omitted act must be completed within this period. The
+application shall only be admissible within the year immediately
+following the expiry of the unobserved time limit. In the case of
+non-submission of the request for renewal of registration or of
+non-payment of a renewal fee, the further period of six months
+provided in Article 47(3), third sentence, shall be deducted from
+the period of one year.
+3. The application must state the grounds on which it is based
+and must set out the facts on which it relies. It shall not be
+deemed to be filed until the fee for re-establishment of rights has
+been paid.
+4. The department competent to decide on the omitted act
+shall decide upon the application.
+5. This Article shall not be applicable to the time limits referred
+to in paragraph 2 of this Article, Article 41(1) and (3) and
+Article 82.
+6. Where the applicant for or proprietor of a Community trade
+mark has his rights re-established, he may not invoke his rights
+vis-à-vis a third party who, in good faith, has put goods on the
+market or supplied services under a sign which is identical with,
+or similar to, the Community trade mark in the course of the
+period between the loss of rights in the application or in the
+Community trade mark and publication of the mention of reestablishment of those rights.
+7. A third party who may avail himself of the provisions of
+paragraph 6 may bring third party proceedings against the
+decision re-establishing the rights of the applicant for or
+proprietor of a Community trade mark within a period of two
+
+24.3.2009
+
+months as from the date of publication of the mention of reestablishment of those rights.
+8. Nothing in this Article shall limit the right of a Member
+State to grant restitutio in integrum in respect of time limits
+provided for in this Regulation and to be observed vis-à-vis the
+authorities of such State.
+Article 82
+Continuation of proceedings
+1. An applicant for or proprietor of a Community trade mark
+or any other party to proceedings before the Office who has
+omitted to observe a time limit vis-à-vis the Office may, upon
+request, obtain the continuation of proceedings, provided that at
+the time the request is made the omitted act has been carried out.
+The request for continuation of proceedings shall be admissible
+only if it is presented within two months following the expiry of
+the unobserved time limit. The request shall not be deemed to
+have been filed until the fee for continuation of the proceedings
+has been paid.
+2. This Article shall not be applicable to the time limits laid
+down in Article 25(3), Article 27, Article 29(1), Article 33(1),
+Article 36(2), Article 41, Article 42, Article 47(3), Article 60,
+Article 62, Article 65(5), Article 81, Article 112, or to the time
+limits laid down in this Article or the time limits laid down by
+the Implementing Regulation for claiming, after the application
+has been filed, priority within the meaning of Article 30,
+exhibition priority within the meaning of Article 33 or seniority
+within the meaning of Article 34.
+3. The department competent to decide on the omitted act
+shall decide upon the application.
+4. If the Office accepts the application, the consequences of
+having failed to observe the time limit shall be deemed not to
+have occurred.
+5. If the Office rejects the application, the fee shall be refunded.
+Article 83
+Reference to general principles
+In the absence of procedural provisions in this Regulation, the
+Implementing Regulation, the fees regulations or the rules of
+procedure of the Boards of Appeal, the Office shall take into
+account the principles of procedural law generally recognised in
+the Member States.
+Article 84
+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 in
+which the fee fell due.
+2. Rights against the Office for the refunding of fees or sums of
+money paid in excess of a fee shall be extinguished after four
+years from the end of the calendar year in which the right arose.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+3. The period laid down in paragraphs 1 and 2 shall be
+interrupted, in the case covered by paragraph 1, by a request for
+payment of the fee, and in the case covered by paragraph 2, by a
+reasoned claim in writing. On interruption it shall begin again
+immediately and shall end at the latest six years after the end of
+the year in which it originally began, unless, in the meantime,
+judicial proceedings to enforce the right have begun; in this case
+the period shall end at the earliest one year after the judgment
+has acquired the authority of a final decision.
+
+SECTION 2
+
+Costs
+
+Article 85
+Costs
+1. The losing party in opposition proceedings, proceedings for
+revocation, proceedings for a declaration of invalidity or appeal
+proceedings shall bear the fees incurred by the other party as
+well as all costs, without prejudice to Article 119(6), incurred by
+him essential to the proceedings, including travel and subsistence
+and the remuneration of an agent, adviser or advocate, within the
+limits of the scales set for each category of costs under the
+conditions laid down in the Implementing Regulation.
+
+L 78/21
+Article 86
+
+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 be governed by the rules of civil
+procedure in force in the State in the territory of which it is
+carried out. The order for its enforcement shall be appended to
+the decision, without other formality than verification of the
+authenticity of the decision, by the national authority which the
+Government of each Member State shall designate for this
+purpose and shall make known to the Office and to the Court of
+Justice.
+3. When these formalities have been completed on application
+by the party concerned, the latter may proceed to enforcement in
+accordance with the national law, by bringing the matter directly
+before the competent authority.
+4. Enforcement may be suspended only by a decision of the
+Court of Justice. However, the courts of the country concerned
+shall have jurisdiction over complaints that enforcement is being
+carried out in an irregular manner.
+
+SECTION 3
+
+2. However, where each party succeeds on some and fails on
+other heads, or if reasons of equity so dictate, the Opposition
+Division, Cancellation Division or Board of Appeal shall decide a
+different apportionment of costs.
+
+Information which may be made available to the public and of
+the authorities of the Member States
+
+3. The party who terminates the proceedings by withdrawing
+the Community trade mark application, the opposition, the
+application for revocation of rights, the application for a
+declaration of invalidity or the appeal, or by not renewing
+registration of the Community trade mark or by surrendering the
+Community trade mark, shall bear the fees and the costs incurred
+by the other party as stipulated in paragraphs 1 and 2.
+
+Register of Community trade marks
+
+4. Where a case does not proceed to judgment the costs shall
+be at the discretion of the Opposition Division, Cancellation
+Division or Board of Appeal.
+5. Where the parties conclude before the Opposition Division,
+Cancellation Division or Board of Appeal a settlement of costs
+differing from that provided for in the preceding paragraphs, the
+department concerned shall take note of that agreement.
+6. The Opposition Division or Cancellation Division or Board
+of Appeal shall fix the amount of the costs to be paid pursuant to
+the preceding paragraphs when the costs to be paid are limited to
+the fees paid to the Office and the representation costs. In all
+other cases, the registry of the Board of Appeal or a member of
+the staff of the Opposition Division or Cancellation Division
+shall fix the amount of the costs to be reimbursed on request.
+The request is admissible only within two months of the date on
+which the decision for which an application was made for the
+costs to be fixed became final. The amount so determined may
+be reviewed by a decision of the Opposition Division or
+Cancellation Division or Board of Appeal on a request filed
+within the prescribed period.
+
+Article 87
+
+The Office shall keep a register to be known as the Register of
+Community trade marks, which shall contain those particulars
+the registration or inclusion of which is provided for by this
+Regulation or by the Implementing Regulation. The Register shall
+be open to public inspection.
+Article 88
+Inspection of files
+1. The files relating to Community trade mark applications
+which have not yet been published shall not be made available
+for inspection without the consent of the applicant.
+2. Any person who can prove that the applicant for a
+Community trade mark has stated that after the trade mark
+has been registered he will invoke the rights under it against him
+may obtain inspection of the files prior to the publication of that
+application and without the consent of the applicant.
+3. Subsequent to the publication of the Community trade mark
+application, the files relating to such application and the resulting
+trade mark may be inspected on request.
+4. However, where the files are inspected pursuant to
+paragraphs 2 or 3, certain documents in the file may be
+withheld from inspection in accordance with the provisions of
+the Implementing Regulation.
+
+L 78/22
+
+Official Journal of the European Union
+
+EN
+Article 89
+Periodical publications
+
+The Office shall periodically publish:
+(a)
+
+(b)
+
+a Community Trade Marks Bulletin containing entries made
+in the Register of Community trade marks as well as other
+particulars the publication of which is prescribed by this
+Regulation or by the Implementing Regulation;
+
+Office by an employee. An employee of a legal person to which
+this paragraph applies may also represent other legal persons
+which have economic connections with the first legal person,
+even if those other legal persons have neither their domicile nor
+their principal place of business nor a real and effective industrial
+or commercial establishment within the Community.
+4. The Implementing Regulation shall specify whether and
+under what conditions an employee must file with the Office a
+signed authorisation for insertion on the file.
+
+an Official Journal containing notices and information of a
+general character issued by the President of the Office, as
+well as any other information relevant to this Regulation or
+its implementation.
+Article 90
+
+24.3.2009
+
+Article 93
+Professional representatives
+1. Representation of natural or legal persons before the Office
+may only be undertaken by:
+
+Administrative cooperation
+Unless otherwise provided in this Regulation or in national laws,
+the Office and the courts or authorities of the Member States
+shall on request give assistance to each other by communicating
+information or opening files for inspection. Where the Office
+lays files open to inspection by courts, Public Prosecutors' Offices
+or central industrial property offices, the inspection shall not be
+subject to the restrictions laid down in Article 88.
+
+(a)
+
+any legal practitioner qualified in one of the Member States
+and having his place of business within the Community, to
+the extent that he is entitled, within the said 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. The Implementing Regulation shall specify whether and under what
+conditions the representatives before the Office must file
+with the Office a signed authorisation for insertion on the
+file.
+
+Article 91
+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 own use one or more copies of their respective publications
+free of charge.
+2. The Office may conclude agreements relating to the
+exchange or supply of publications.
+
+Representatives acting before the Office must file with it a signed
+authorisation for insertion on the files, the details of which are
+set out in the Implementing Regulation.
+2. Any natural person who fulfils the following conditions may
+be entered on the list of professional representatives:
+(a)
+
+he must be a national of one of the Member States;
+
+(b)
+
+he must have his place of business or employment in the
+Community;
+
+(c)
+
+he must be entitled to represent natural or legal persons in
+trade mark matters before the central industrial property
+office of a Member State. Where, in that State, 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
+central industrial property office of the said State must 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 central
+industrial property office of one of the Member States is
+officially recognised in accordance with the regulations laid
+down by such State shall not be subject to the condition of
+having exercised the profession.
+
+SECTION 4
+
+Representation
+Article 92
+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 prejudice to paragraph 3, second sentence, natural
+or legal persons not having either their domicile or their
+principal place of business or a real and effective industrial or
+commercial establishment in the Community must be represented before the Office in accordance with Article 93(1) in all
+proceedings established by this Regulation, other than in filing
+an application for a Community trade mark; the Implementing
+Regulation may permit other exceptions.
+3. Natural or legal persons having their domicile or principal
+place of business or a real and effective industrial or commercial
+establishment in the Community may be represented before the
+
+3. Entry shall be effected upon request, accompanied by a
+certificate furnished by the central industrial property office of
+the Member State concerned, which must indicate that the
+conditions laid down in paragraph 2 are fulfilled.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+4. The President of the Office may grant exemption from:
+(a)
+
+(b)
+
+the requirement of paragraph 2(c), second sentence, if the
+applicant furnishes proof that he has acquired the requisite
+qualification in another way;
+the requirement of paragraph 2(a) in special circumstances.
+
+5. The conditions under which a person may be removed from
+the list of professional representatives shall be laid down in the
+Implementing Regulation.
+
+L 78/23
+
+first and second instance, hereinafter referred to as ‘Community
+trade mark courts’, which shall perform the functions assigned to
+them by this Regulation.
+2. Each Member State shall communicate to the Commission
+within three years of the entry into force of Regulation (EC)
+No 40/94 a list of Community trade mark courts indicating their
+names and their territorial jurisdiction.
+3. Any change made after communication of the list referred to
+in paragraph 2 in the number, names or territorial jurisdiction of
+the courts shall be notified without delay by the Member State
+concerned to the Commission.
+
+TITLE X
+JURISDICTION AND PROCEDURE IN LEGAL ACTIONS
+RELATING TO COMMUNITY TRADE MARKS
+
+SECTION 1
+
+Application of Regulation (EC) No 44/2001
+Article 94
+Application of Regulation (EC) No 44/2001
+1. Unless otherwise specified in this Regulation, Regulation
+(EC) No 44/2001 shall apply to proceedings relating to
+Community trade marks and applications for Community trade
+marks, as well as to proceedings relating to simultaneous and
+successive actions on the basis of Community trade marks and
+national trade marks.
+2. In the case of proceedings in respect of the actions and
+claims referred to in Article 96:
+
+4. The information referred to in paragraphs 2 and 3 shall be
+notified by the Commission to the Member States and published
+in the Official Journal of the European Union.
+5. As long as a Member State has not communicated the list as
+stipulated in paragraph 2, jurisdiction for any proceedings
+resulting from an action or application covered by Article 96,
+and for which the courts of that State have jurisdiction under
+Article 97, shall lie with that court of the State in question which
+would have jurisdiction ratione loci and ratione materiae in the case
+of proceedings relating to a national trade mark registered in that
+State.
+
+Article 96
+Jurisdiction over infringement and validity
+The Community trade mark courts shall have exclusive
+jurisdiction:
+
+Articles 23 and 24 of Regulation (EC) No 44/2001 shall
+apply subject to the limitations in Article 97(4) of this
+Regulation;
+
+(c)
+
+the provisions of Chapter II of Regulation (EC) No 44/2001
+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.
+
+(b)
+
+for actions for declaration of non-infringement, if they are
+permitted under national law;
+for all actions brought as a result of acts referred to in
+Article 9(3), second sentence;
+
+(d)
+
+for counterclaims for revocation or for a declaration of
+invalidity of the Community trade mark pursuant to
+Article 100.
+
+Articles 2 and 4, points 1, 3, 4 and 5 of Article 5 and
+Article 31 of Regulation (EC) No 44/2001 shall not apply;
+
+(b)
+
+for all infringement actions and — if they are permitted
+under national law — actions in respect of threatened
+infringement relating to Community trade marks;
+
+(c)
+
+(a)
+
+(a)
+
+SECTION 2
+
+Disputes concerning the infringement and validity of
+Community trade marks
+Article 95
+Community trade mark courts
+1. The Member States shall designate in their territories as
+limited a number as possible of national courts and tribunals of
+
+Article 97
+International jurisdiction
+1. Subject to the provisions of this Regulation as well as to any
+provisions of Regulation (EC) No 44/2001 applicable by virtue
+of Article 94, proceedings in respect of the actions and claims
+referred to in Article 96 shall be brought in the courts of the
+Member State in which the defendant is domiciled or, if he is not
+domiciled in any of the Member States, in which he has an
+establishment.
+
+L 78/24
+
+Official Journal of the European Union
+
+EN
+
+24.3.2009
+
+2. If the defendant is neither domiciled nor has an establishment in any of the Member States, such proceedings shall be
+brought in the courts of the Member State in which the plaintiff
+is domiciled or, if he is not domiciled in any of the Member
+States, in which he has an establishment.
+
+admissible in so far as the defendant claims that the rights of the
+proprietor of the Community trade mark could be revoked for
+lack of use or that the Community trade mark could be declared
+invalid on account of an earlier right of the defendant.
+
+3. If neither the defendant nor the plaintiff is so domiciled or
+has such an establishment, such proceedings shall be brought in
+the courts of the Member State where the Office has its seat.
+
+Article 100
+
+4. Notwithstanding the provisions of paragraphs 1, 2 and 3:
+(a)
+
+(b)
+
+Article 23 of Regulation (EC) No 44/2001 shall apply if the
+parties agree that a different Community trade mark court
+shall have jurisdiction;
+Article 24 of Regulation (EC) No 44/2001 shall apply if the
+defendant enters an appearance before a different Community trade mark court.
+
+5. Proceedings in respect of the actions and claims referred to
+in Article 96, with the exception of actions for a declaration of
+non-infringement of a Community trade mark, may also be
+brought in the courts of the Member State in which the act of
+infringement has been committed or threatened, or in which an
+act within the meaning of Article 9(3), second sentence, has been
+committed.
+
+Article 98
+Extent of jurisdiction
+1. A Community trade mark court whose jurisdiction is based
+on Article 97(1) to (4) shall have jurisdiction in respect of:
+(a)
+
+acts of infringement committed or threatened within the
+territory of any of the Member States;
+
+(b)
+
+acts within the meaning of Article 9(3), second sentence,
+committed within the territory of any of the Member States.
+
+2. A Community trade mark court whose jurisdiction is based
+on Article 97(5) shall have jurisdiction only in respect of acts
+committed or threatened within the territory of the Member
+State in which that court is situated.
+
+Article 99
+Presumption of validity — Defence as to the merits
+
+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 this Regulation.
+2. A Community trade mark court shall reject a counterclaim
+for revocation or for a declaration of invalidity if a decision taken
+by the Office relating to the same subject matter and cause of
+action and involving the same parties has already become final.
+3. If the counterclaim is brought in a legal action to which the
+proprietor of the trade mark is not already a party, he shall be
+informed thereof and may be joined as a party to the action in
+accordance with the conditions set out in national law.
+4. The Community trade mark court with which a counterclaim for revocation or for a declaration of invalidity of the
+Community trade mark has been filed shall inform the Office of
+the date on which the counterclaim was filed. The latter shall
+record this fact in the Register of Community trade marks.
+5. Article 57(2) to (5) shall apply.
+6. Where a Community trade mark court has given a judgment
+which has become final on a counterclaim for revocation or for
+invalidity of a Community trade mark, a copy of the judgment
+shall be sent to the Office. Any party may request information
+about such transmission. The Office shall mention the judgment
+in the Register of Community trade marks in accordance with
+the provisions of the Implementing Regulation.
+7. The Community trade mark court hearing a counterclaim
+for revocation or for a declaration of invalidity may stay the
+proceedings on application by the proprietor of the Community
+trade mark and after hearing the other parties and may request
+the defendant to submit an application for revocation or for a
+declaration of invalidity to the Office within a time limit which it
+shall determine. If the application is not made within the time
+limit, the proceedings shall continue; the counterclaim shall be
+deemed withdrawn. Article 104(3) shall apply.
+
+1. The Community trade mark courts shall treat the Community trade mark as valid unless its validity is put in issue by the
+defendant with a counterclaim for revocation or for a declaration
+of invalidity.
+
+Applicable law
+
+2. The validity of a Community trade mark may not be put in
+issue in an action for a declaration of non-infringement.
+
+1. The Community trade mark courts shall apply the
+provisions of this Regulation.
+
+3. In the actions referred to in Article 96(a) and (c) a plea
+relating to revocation or invalidity of the Community trade mark
+submitted otherwise than by way of a counterclaim shall be
+
+2. On all matters not covered by this Regulation a Community
+trade mark court shall apply its national law, including its private
+international law.
+
+Article 101
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+3. Unless otherwise provided in this Regulation, a Community
+trade mark court shall apply the rules of procedure governing the
+same type of action relating to a national trade mark in the
+Member State in which the court is located.
+
+Article 102
+Sanctions
+1. Where a Community trade mark court finds that the
+defendant has infringed or threatened to infringe a Community
+trade mark, it shall, unless there are special reasons for not doing
+so, issue an order prohibiting the defendant from proceeding
+with the acts which infringed or would infringe the Community
+trade mark. It shall also take such measures in accordance with
+its national law as are aimed at ensuring that this prohibition is
+complied with.
+2. In all other respects the Community trade mark court shall
+apply the law of the Member State in which the acts of
+infringement or threatened infringement were committed,
+including the private international law.
+
+Article 103
+Provisional and protective measures
+1. Application may be made to the courts of a Member State,
+including Community trade mark courts, for such provisional,
+including protective, measures in respect of a Community trade
+mark or Community trade mark application as may be available
+under the law of that State in respect of a national trade mark,
+even if, under this Regulation, a Community trade mark court of
+another Member State has jurisdiction as to the substance of the
+matter.
+2. A Community trade mark court whose jurisdiction is based
+on Article 97(1), (2), (3) or (4) shall have jurisdiction to grant
+provisional and protective measures which, subject to any
+necessary procedure for recognition and enforcement pursuant
+to Title III of Regulation (EC) No 44/2001, are applicable in the
+territory of any Member State. No other court shall have such
+jurisdiction.
+
+Article 104
+Specific rules on related actions
+1. A Community trade mark court hearing an action referred
+to in Article 96, other than an action for a declaration of noninfringement shall, unless there are special grounds for
+continuing the hearing, of its own motion after hearing the
+parties or at the request of one of the parties and after hearing
+the other parties, stay the proceedings where the validity of the
+Community trade mark is already in issue before another
+Community trade mark court on account of a counterclaim or
+where an application for revocation or for a declaration of
+invalidity has already been filed at the Office.
+2. The Office, when hearing an application for revocation or
+for a declaration of invalidity shall, unless there are special
+grounds for continuing the hearing, of its own motion after
+
+L 78/25
+
+hearing the parties or at the request of one of the parties and
+after hearing the other parties, stay the proceedings where the
+validity of the Community trade mark is already in issue on
+account of a counterclaim before a Community trade mark
+court. However, if one of the parties to the proceedings before
+the Community trade mark court so requests, the court may,
+after hearing the other parties to these proceedings, stay the
+proceedings. The Office shall in this instance continue the
+proceedings pending before it.
+3. Where the Community trade mark court stays the
+proceedings it may order provisional and protective measures
+for the duration of the stay.
+
+Article 105
+Jurisdiction of Community trade mark courts of second
+instance — Further appeal
+1. An appeal to the Community trade mark courts of second
+instance shall lie from judgments of the Community trade mark
+courts of first instance in respect of proceedings arising from the
+actions and claims referred to in Article 96.
+2. The conditions under which an appeal may be lodged with a
+Community trade mark court of second instance shall be
+determined by the national law of the Member State in which
+that court is located.
+3. The national rules concerning further appeal shall be
+applicable in respect of judgments of Community trade mark
+courts of second instance.
+
+SECTION 3
+
+Other disputes concerning Community trade marks
+
+Article 106
+Supplementary provisions on the jurisdiction of national
+courts other than Community trade mark courts
+1. Within the Member State whose courts have jurisdiction
+under Article 94(1) those courts shall have jurisdiction for
+actions other than those referred to in Article 96, which would
+have jurisdiction ratione loci and ratione materiae in the case of
+actions relating to a national trade mark registered in that State.
+2. Actions relating to a Community trade mark, other than
+those referred to in Article 96, for which no court has
+jurisdiction under Article 94(1) and paragraph 1 of this Article
+may be heard before the courts of the Member State in which the
+Office has its seat.
+
+Article 107
+Obligation of the national court
+A national court which is dealing with an action relating to a
+Community trade mark, other than the action referred to in
+Article 96, shall treat the trade mark as valid.
+
+L 78/26
+
+Official Journal of the European Union
+
+EN
+
+24.3.2009
+
+SECTION 4
+
+SECTION 2
+
+Transitional provision
+
+Application of national laws for the purpose of prohibiting the
+use of Community trade marks
+
+Article 108
+Transitional provision relating to the application of the
+Convention on Jurisdiction and Enforcement
+The provisions of Regulation (EC) No 44/2001 which are
+rendered applicable by the preceding Articles shall have effect in
+respect of any Member State solely in the text of the Regulation
+which is in force in respect of that State at any given time.
+
+TITLE XI
+EFFECTS ON THE LAWS OF THE MEMBER STATES
+
+SECTION 1
+
+Civil actions on the basis of more than one trade mark
+
+Article 109
+Simultaneous and successive civil actions on the basis of
+Community trade marks and national trade marks
+1. Where actions for infringement involving the same cause of
+action and between the same parties are brought in the courts of
+different Member States, one seized on the basis of a Community
+trade mark and the other seized on the basis of a national trade
+mark:
+(a)
+
+(b)
+
+the court other than the court first seized 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;
+the court other than the court first seized 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.
+
+2. The court hearing an action for infringement on the basis of
+a Community trade mark shall reject the action if a final
+judgment on the merits has been given on the same cause of
+action and between the same parties on the basis of an identical
+national trade mark valid for identical goods or services.
+3. The court hearing an action for infringement on the basis of
+a national trade mark shall reject the action if a final judgment on
+the merits has been given on the same cause of action and
+between the same parties on the basis of an identical Community
+trade mark valid for identical goods or services.
+4. Paragraphs 1, 2 and 3 shall not apply in respect of
+provisional, including protective, measures.
+
+Article 110
+Prohibition of use of Community trade marks
+1. This Regulation shall, unless otherwise provided for, not
+affect the right existing under the laws of the Member States to
+invoke claims for infringement of earlier rights within the
+meaning of Article 8 or Article 53(2) in relation to the use of a
+later Community trade mark. Claims for infringement of earlier
+rights within the meaning of Article 8(2) and (4) may, however,
+no longer be invoked if the proprietor of the earlier right may no
+longer apply for a declaration that the Community trade mark is
+invalid in accordance with Article 54(2).
+2. This Regulation shall, unless otherwise provided for, not
+affect the right to bring proceedings under the civil, administrative or criminal law of a Member Sate or under provisions of
+Community law for the purpose of prohibiting the use of a
+Community trade mark to the extent that the use of a national
+trade mark may be prohibited under the law of that Member
+State or under Community law.
+
+Article 111
+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 Community trade
+mark in the territory where his right is protected in so far as the
+law of the Member State concerned so permits.
+2. Paragraph 1 shall cease to apply if the proprietor of the
+earlier right has acquiesced in the use of the Community trade
+mark in the territory where his right is protected for a period of
+five successive years, being aware of such use, unless the
+Community trade mark was applied for in bad faith.
+3. The proprietor of the Community trade mark shall not be
+entitled to oppose use of the right referred to in paragraph 1
+even though that right may no longer be invoked against the
+Community trade mark.
+
+SECTION 3
+
+Conversion into a national trade mark application
+
+Article 112
+Request for the application of national procedure
+1. The applicant for or proprietor of a Community trade mark
+may request the conversion of his Community trade mark
+application or Community trade mark into a national trade mark
+application:
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+(a)
+
+to the extent that the Community trade mark application is
+refused, withdrawn, or deemed to be withdrawn;
+
+(b)
+
+to the extent that the Community trade mark ceases to have
+effect.
+
+2. Conversion shall not take place:
+(a)
+
+(b)
+
+where the rights of the proprietor of the Community trade
+mark have been revoked on the grounds of non-use, unless
+in the Member State for which conversion is requested the
+Community trade mark has been put to use which would
+be considered to be genuine use under the laws of that
+Member State;
+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 Community trade mark application or Community trade mark.
+
+3. The national trade mark application resulting from the
+conversion of a Community trade mark application or a
+Community trade mark shall enjoy in respect of the Member
+State concerned the date of filing or the date of priority of that
+application or trade mark and, where appropriate, the seniority
+of a trade mark of that State claimed under Articles 34 or 35.
+4. In cases where a Community trade mark application is
+deemed to be withdrawn, the Office shall send to the applicant a
+communication fixing a period of three months from the date of
+that communication in which a request for conversion may be
+filed.
+
+L 78/27
+
+2. If the Community trade mark application has been
+published, receipt of any such request shall be recorded in the
+Register of Community trade marks and the request for
+conversion shall be published.
+3. The Office shall check whether the conversion requested
+fulfils the conditions set out in this Regulation, in particular
+Article 112(1), (2), (4), (5) and (6), and paragraph 1 of this
+Article, together with the formal conditions laid down in the
+Implementing Regulation. If these conditions are fulfilled, the
+Office shall transmit the request for conversion to the industrial
+property offices of the Member States specified therein.
+
+Article 114
+Formal requirements for conversion
+1. Any central industrial property office to which the request
+for conversion is transmitted may obtain from the Office any
+additional information concerning the request enabling that
+office to make a decision regarding the national trade mark
+resulting from the conversion.
+2. A Community trade mark application or a Community trade
+mark transmitted in accordance with Article 113 shall not be
+subjected to formal requirements of national law which are
+different from or additional to those provided for in this
+Regulation or in the Implementing Regulation.
+3. Any central industrial property office to which the request is
+transmitted may require that the applicant shall, within not less
+than two months:
+(a)
+
+5. Where the Community trade mark application is withdrawn
+or the Community trade mark ceases to have effect as a result of
+a surrender being recorded or of failure to renew the registration,
+the request for conversion shall be filed within three months
+after the date on which the Community trade mark application
+has been withdrawn or on which the Community trade mark
+ceases to have effect.
+6. Where the Community trade mark application is refused by
+decision of the Office or where the Community trade mark
+ceases to have effect as a result of a decision of the Office or of a
+Community trade mark court, the request for conversion shall be
+filed within three months after the date on which that decision
+acquired the authority of a final decision.
+7. The effect referred to in Article 32 shall lapse if the request is
+not filed in due time.
+
+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.
+
+TITLE XII
+THE OFFICE
+
+SECTION 1
+
+Article 113
+
+General provisions
+
+Submission, publication and transmission of the request for
+conversion
+1. A request for conversion shall be filed with the Office and
+shall specify the Member States in which application of the
+procedure for registration of a national trade mark is desired. The
+request shall not be deemed to be filed until the conversion fee
+has been paid.
+
+Article 115
+Legal status
+1. The Office shall be a body of the Community. It shall have
+legal personality.
+
+L 78/28
+
+Official Journal of the European Union
+
+EN
+
+24.3.2009
+
+2. In each of the Member States the Office shall enjoy the most
+extensive legal capacity accorded to legal persons under their
+laws; it may, in particular, acquire or dispose of movable and
+immovable property and may be a party to legal proceedings.
+
+3. The applicant must indicate a second language which shall
+be a language of the Office the use of which he accepts as a
+possible language of proceedings for opposition, revocation or
+invalidity proceedings.
+
+3. The Office shall be represented by its President.
+
+If the application was filed in a language which is not one of the
+languages of the Office, the Office shall arrange to have the
+application, as described in Article 26(1), translated into the
+language indicated by the applicant.
+
+Article 116
+Staff
+1. The Staff Regulations of officials of the European Communities, hereinafter referred to as ‘the Staff Regulations’, the
+Conditions of Employment of other servants of the European
+Communities, and the rules adopted by agreement between the
+Institutions of the European Communities for giving effect to
+those Staff Regulations and Conditions of Employment shall
+apply to the staff of the Office, without prejudice to the
+application of Article 136 to the members of the Boards of
+Appeal.
+2. Without prejudice to Article 125, the powers conferred on
+each Institution by the Staff Regulations and by the Conditions of
+Employment of other servants shall be exercised by the Office in
+respect of its staff.
+Article 117
+Privileges and immunities
+The Protocol on the Privileges and Immunities of the European
+Communities shall apply to the Office.
+Article 118
+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 competent to give judgment
+pursuant to any arbitration clause contained in a contract
+concluded by the Office.
+3. In the case of non-contractual liability, the Office shall, in
+accordance with the general principles common to the laws of
+the Member States, make good any damage caused by its
+departments or by its servants in the performance of their duties.
+4. The Court of Justice shall have jurisdiction in disputes
+relating to compensation for the damage referred to in
+paragraph 3.
+5. The personal liability of its servants towards the Office shall
+be governed by the provisions laid down in their Staff
+Regulations or in the Conditions of Employment applicable to
+them.
+Article 119
+Languages
+1. The application for a Community trade mark shall be filed in
+one of the official languages of the European Community.
+2. The languages of the Office shall be English, French,
+German, Italian and Spanish.
+
+4. Where the applicant for a Community trade mark is the sole
+party to proceedings before the Office, the language of
+proceedings shall be the language used for filing the application
+for a Community trade mark. If the application was made in a
+language other than the languages of the Office, the Office may
+send written communications to the applicant in the second
+language indicated by the applicant in his application.
+5. The notice of opposition and an application for revocation
+or invalidity shall be filed in one of the languages of the Office.
+6. If the language chosen, in accordance with paragraph 5, for
+the notice of opposition or the application for revocation or
+invalidity is the language of the application for a trade mark or
+the second language indicated when the application was filed,
+that language shall be the language of the proceedings.
+If the language chosen, in accordance with paragraph 5, for the
+notice of opposition or the application for revocation or
+invalidity is neither the language of the application for a trade
+mark nor the second language indicated when the application
+was filed, the opposing party or the party seeking revocation or
+invalidity shall be required to produce, at his own expense, a
+translation of his application either into the language of the
+application for a trade mark, provided that it is a language of the
+Office, or into the second language indicated when the
+application was filed. The translation shall be produced within
+the period prescribed in the Implementing Regulation. The
+language into which the application has been translated shall
+then become the language of the proceedings.
+7. Parties to opposition, revocation, invalidity or appeal
+proceedings may agree that a different official language of the
+European Community is to be the language of the proceedings.
+Article 120
+Publication and entries in the Register
+1. An application for a Community trade mark, as described in
+Article 26(1), and all other information the publication of which
+is prescribed by this Regulation or the Implementing Regulation,
+shall be published in all the official languages of the European
+Community.
+2. All entries in the Register of Community trade marks shall
+be made in all the official languages of the European Community.
+3. In cases of doubt, the text in the language of the Office in
+which the application for the Community trade mark was filed
+shall be authentic. If the application was filed in an official
+language of the European Community other than one of the
+languages of the Office, the text in the second language indicated
+by the applicant shall be authentic.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+Article 121
+
+The translation services required for the functioning of the Office
+shall be provided by the Translation Centre for the Bodies of the
+European Union.
+
+L 78/29
+
+2. To this end the President shall have in particular the
+following functions and powers:
+
+(a)
+
+he shall take all necessary steps, including the adoption of
+internal administrative instructions and the publication of
+notices, to ensure the functioning of the Office;
+
+(b)
+
+he may place before the Commission any proposal to
+amend this Regulation, the Implementing Regulation, the
+rules of procedure of the Boards of Appeal, the fees
+regulations and any other rules applying to Community
+trade marks after consulting the Administrative Board and,
+in the case of the fees regulations and the budgetary
+provisions of this Regulation, the Budget Committee;
+
+(c)
+
+he shall draw up the estimates of the revenue and
+expenditure of the Office and shall implement the budget;
+
+(d)
+
+he shall submit a management report to the Commission,
+the European Parliament and the Administrative Board each
+year;
+
+(e)
+
+he shall exercise in respect of the staff the powers laid down
+in Article 116(2);
+
+(f)
+
+he may delegate his powers.
+
+Article 122
+Control of legality
+1. The Commission shall check the legality of those acts of the
+President of the Office in respect of which Community law does
+not provide for any check on legality by another body and of acts
+of the Budget Committee attached to the Office pursuant to
+Article 138.
+2. It shall require that any unlawful acts as referred to in
+paragraph 1 be altered or annulled.
+3. Member States and any person directly and individually
+concerned may refer to the Commission any act as referred to in
+paragraph 1, whether express or implied, for the Commission to
+examine the legality of that act. Referral shall be made to the
+Commission within one month of the day on which the party
+concerned first became aware of the act in question. The
+Commission shall take a decision within three months. If no
+decision has been taken within this period, the case shall be
+deemed to have been dismissed.
+
+Article 123
+Access to documents
+1. Regulation (EC) No 1049/2001 of the European Parliament
+and of the Council of 30 May 2001 regarding public access to
+European Parliament, Council and Commission documents (1)
+shall apply to documents held by the Office.
+
+3. The President shall be assisted by one or more VicePresidents. If the President is absent or indisposed, the VicePresident or one of the Vice-Presidents shall take his place in
+accordance with the procedure laid down by the Administrative
+Board.
+
+2. The Administrative Board shall adopt the practical arrangements for Implementing Regulation (EC) No 1049/2001 with
+regard to this Regulation.
+
+Article 125
+
+3. Decisions taken by the Office pursuant to Article 8 of
+Regulation (EC) No 1049/2001 may give rise to the lodging of a
+complaint to the Ombudsman or form the subject of an action
+before the Court of Justice, under the conditions laid down in
+Articles 195 and 230 of the Treaty respectively.
+
+SECTION 2
+
+Management of the Office
+
+Article 124
+Powers of the President
+
+Appointment of senior officials
+1. The President of the Office shall be appointed by the Council
+from a list of at most three candidates, which shall be prepared
+by the Administrative Board. Power to dismiss the President shall
+lie with the Council, acting on a proposal from the
+Administrative Board.
+
+2. The term of office of the President shall not exceed five
+years. This term of office shall be renewable.
+
+3. The Vice-President or Vice-Presidents of the Office shall be
+appointed or dismissed as in paragraph 1, after consultation of
+the President.
+
+1. The Office shall be managed by the President.
+(1) OJ L 145, 31.5.2001, p. 43.
+
+4. The Council shall exercise disciplinary authority over the
+officials referred to in paragraphs 1 and 3.
+
+L 78/30
+
+Official Journal of the European Union
+
+EN
+SECTION 3
+
+Administrative Board
+
+24.3.2009
+
+chairman or at the request of the Commission or of one-third of
+the Member States.
+4. The Administrative Board shall adopt rules of procedure.
+
+Article 126
+Creation and powers
+1. An Administrative Board is hereby set up, attached to the
+Office. Without prejudice to the powers attributed to the Budget
+Committee in Section 5 — budget and financial control — the
+Administrative Board shall have the powers defined below.
+2. The Administrative Board shall draw up the lists of
+candidates provided for in Article 125.
+3. It shall advise the President on matters for which the Office
+is responsible.
+
+5. The Administrative Board shall take its decisions by a simple
+majority of the representatives of the Member States. However, a
+majority of three-quarters of the representatives of the Member
+States shall be required for the decisions which the Administrative Board is empowered to take under Article 125(1) and (3).
+In both cases each Member State shall have one vote.
+6. The Administrative Board may invite observers to attend its
+meetings.
+7. The Secretariat for the Administrative Board shall be
+provided by the Office.
+
+4. It shall be consulted before adoption of the guidelines for
+examination in the Office and in the other cases provided for in
+this Regulation.
+
+SECTION 4
+
+Implementation of procedures
+
+5. It may deliver opinions and requests for information to the
+President and to the Commission where it considers that this is
+necessary.
+Article 127
+Composition
+1. The Administrative Board shall be composed of one
+representative of each Member State and one representative of
+the Commission and their alternates.
+2. The members of the Administrative Board may, subject to
+the provisions of its rules of procedure, be assisted by advisers or
+experts.
+Article 128
+Chairmanship
+1. The Administrative Board shall elect a chairman and a
+deputy chairman from among its members. The deputy chairman shall ex officio replace the chairman in the event of his being
+prevented from attending to his duties.
+2. The duration of the terms of office of the chairman and the
+deputy chairman shall be three years. The terms of office shall be
+renewable.
+Article 129
+Meetings
+1. Meetings of the Administrative Board shall be convened by
+its chairman.
+2. The President of the Office shall take part in the
+deliberations, unless the Administrative Board decides otherwise.
+3. The Administrative Board shall hold an ordinary meeting
+once a year; in addition, it shall meet on the initiative of its
+
+Article 130
+Competence
+For taking decisions in connection with the procedures laid
+down in this Regulation, the following shall be competent:
+(a)
+
+examiners;
+
+(b)
+
+Opposition Divisions;
+
+(c)
+
+an Administration of Trade Marks and Legal Division;
+
+(d)
+
+Cancellation Divisions;
+
+(e)
+
+Boards of Appeal.
+Article 131
+Examiners
+
+An examiner shall be responsible for taking decisions on behalf
+of the Office in relation to an application for registration of a
+Community trade mark, including the matters referred to in
+Articles 36, 37 and 68, except in so far as an Opposition
+Division is responsible.
+Article 132
+Opposition Divisions
+1. An Opposition Division shall be responsible for taking
+decisions on an opposition to an application to register a
+Community trade mark.
+2. The decisions of the Opposition Divisions shall be taken by
+three-member groups. At least one member shall be legally
+qualified. In certain specific cases provided for in the
+Implementing Regulation, the decisions shall be taken by a
+single member.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+Article 133
+
+Administration of Trade Marks and Legal Division
+1. The Administration of Trade Marks and Legal Division shall
+be responsible for those decisions required by this Regulation
+which do not fall within the competence of an examiner, an
+Opposition Division or a Cancellation Division. It shall in
+particular be responsible for decisions in respect of entries in the
+Register of Community trade marks.
+2. It shall also be responsible for keeping the list of professional
+representatives which is referred to in Article 93.
+
+L 78/31
+
+4. The composition of the enlarged Board and the rules on
+referrals to it shall be laid down pursuant to the rules of
+procedure of the Boards referred to in Article 162(3).
+5. To determine which specific cases fall under the authority of
+a single member, account should be taken of the lack of difficulty
+of the legal or factual matters raised, the limited importance of
+the individual case or the absence of other specific circumstances.
+The decision to confer a case on one member in the cases
+referred to shall be adopted by the Board handling the case.
+Further details shall be laid down in the rules of procedure of the
+Boards referred to in Article 162(3).
+
+Article 136
+
+3. A decision of the Division shall be taken by one member.
+
+Independence of the members of the Boards of Appeal
+Article 134
+Cancellation Divisions
+1. A Cancellation Division shall be responsible for taking
+decisions in relation to an application for the revocation or
+declaration of invalidity of a Community trade mark.
+2. The decisions of the Cancellation Divisions shall be taken by
+three-member groups. At least one member shall be legally
+qualified. In certain specific cases provided for in the
+Implementing Regulation, the decisions shall be taken by a
+single member.
+
+1. The President of the Boards of Appeal and the chairmen of
+the Boards shall be appointed, in accordance with the procedure
+laid down in Article 125 for the appointment of the President of
+the Office, for a term of five years. They may not be removed
+from office during this term, unless there are serious grounds for
+such removal and the Court of Justice, on application by the
+institution which appointed them, takes a decision to this effect.
+The term of office of the President of the Boards of Appeal and
+the chairmen of the Boards may be renewed for additional fiveyear periods, or until retirement age if this age is reached during
+the new term of office.
+The President of the Boards of Appeal shall, inter alia, have
+managerial and organisational powers, principally to:
+(a)
+
+chair the authority of the Boards of Appeal responsible for
+laying down the rules and organising the work of the
+Boards, which authority is provided for in the rules of
+procedure of the Boards referred to in Article 162(3);
+
+(b)
+
+ensure the implementation of the authority's decisions;
+
+(c)
+
+Article 135
+
+allocate cases to a Board on the basis of objective criteria
+determined by the authority of the Boards of Appeal;
+
+(d)
+
+forward to the President of the Office the Boards'
+expenditure requirements, with a view to drawing up the
+expenditure estimates.
+
+Boards of Appeal
+1. The Boards of Appeal shall be responsible for deciding on
+appeals from decisions of the examiners, Opposition Divisions,
+Administration of Trade Marks and Legal Division and
+Cancellation Divisions.
+2. The decisions of the Boards of Appeal shall be taken by three
+members, at least two of whom are legally qualified. In certain
+specific cases, decisions shall be taken by an enlarged Board
+chaired by the President of the Boards of Appeal or by a single
+member, who must be legally qualified.
+3. In order to determine the special cases which fall under the
+jurisdiction of the enlarged Board, account should be taken of
+the legal difficulty or the importance of the case or of special
+circumstances which justify it. Such cases may be referred to the
+enlarged Board:
+(a)
+
+(b)
+
+by the authority of the Boards of Appeal set up in
+accordance with the rules of procedure of the Boards
+referred to in Article 162(3); or
+by the Board handling the case.
+
+The President of the Boards of Appeal shall chair the enlarged
+Board.
+Further details shall be laid down in the rules of procedure of the
+Boards referred to in Article 162(3).
+2. The members of the Boards of Appeal shall be appointed by
+the Administrative Board for a term of five years. Their term of
+office may be renewed for additional five-year periods, or until
+retirement age if that age is reached during the new term of
+office.
+
+L 78/32
+
+Official Journal of the European Union
+
+EN
+
+3. The members of the Boards of Appeal may not be removed
+from office unless there are serious grounds for such removal
+and the Court of Justice, after the case has been referred to it by
+the Administrative Board on the recommendation of the
+President of the Boards of Appeal, after consulting the chairman
+of the Board to which the member concerned belongs, takes a
+decision to this effect.
+
+24.3.2009
+SECTION 5
+
+Budget and financial control
+
+Article 138
+Budget Committee
+
+4. The President of the Boards of Appeal and the chairmen and
+members of the Boards of Appeal shall be independent. In their
+decisions they shall not be bound by any instructions.
+
+5. The President of the Boards of Appeal and the chairmen and
+members of the Boards of Appeal may not be examiners or
+members of the Opposition Divisions, Administration of Trade
+Marks and Legal Division or Cancellation Divisions.
+
+1. A Budget Committee is hereby set up, attached to the Office.
+The Budget Committee shall have the powers assigned to it in
+this Section and in Article 38(4).
+2. Articles 126(6), 127, 128 and 129(1) to (4), (6) and (7) shall
+apply to the Budget Committee mutatis mutandis.
+3. The Budget Committee shall take its decisions by a simple
+majority of the representatives of the Member States. However, a
+majority of three-quarters of the representatives of the Member
+States shall be required for the decisions which the Budget
+Committee is empowered to take under Articles 38(4), 140(3)
+and 143. In both cases each Member State shall have one vote.
+
+Article 137
+Exclusion and objection
+
+Article 139
+Budget
+
+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 they have any personal interest therein, or if they
+have previously been involved as representatives of one of the
+parties. Two of the three members of an Opposition Division
+shall not have taken part in examining the application. Members
+of the Cancellation Divisions may not take part in any
+proceedings if they have participated in the final decision on
+the case in the proceedings for registration or opposition
+proceedings. Members of the Boards of Appeal may not take part
+in appeal proceedings if they participated in the decision under
+appeal.
+
+2. If, for one of the reasons mentioned in paragraph 1 or for
+any other reason, a member of a Division or of a Board of
+Appeal considers that he should not take part in any
+proceedings, he shall inform the Division or Board accordingly.
+
+3. Examiners and members of the Divisions or of a Board of
+Appeal may be objected to by any party for one of the reasons
+mentioned in paragraph 1, or if suspected of partiality. An
+objection shall not be admissible if, while being aware of a reason
+for objection, the party has taken a procedural step. No objection
+may be based upon the nationality of examiners or members.
+
+1. Estimates of all the Office's revenue and expenditure shall be
+prepared for each financial year and shall be shown in the
+Office's budget, and each financial year shall correspond with the
+calendar year.
+2. The revenue and expenditure shown in the budget shall be in
+balance.
+3. Revenue shall comprise, without prejudice to other types of
+income, total fees payable under the fees regulations, total fees
+payable under the Madrid Protocol referred to in Article 140 of
+this Regulation for an international registration designating the
+European Community and other payments made to Contracting
+Parties to the Madrid Protocol, total fees payable under the
+Geneva Act referred to in Article 106c of Council Regulation
+(EC) No 6/2002 of 12 December 2001 on Community
+designs (1) for an international registration designating the
+European Community and other payments made to Contracting
+Parties to the Geneva Act, and, to the extend necessary, a subsidy
+entered against a specific heading of the general budget of the
+European Communities, Commission section.
+
+Article 140
+Preparation of the budget
+
+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
+without the participation of the member concerned. For the
+purposes of taking this decision the member who withdraws or
+has been objected to shall be replaced in the Division or Board of
+Appeal by his alternate.
+
+1. The President shall draw up each year an estimate of the
+Office's revenue and expenditure for the following year and shall
+send it to the Budget Committee not later than 31 March in each
+year, together with a list of posts.
+(1) OJ L 3, 5.1.2002, p. 1.
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+2. Should the budget estimates provide for a Community
+subsidy, the Budget Committee shall immediately forward the
+estimate to the Commission, which shall forward it to the budget
+authority of the Communities. The Commission may attach an
+opinion on the estimate along with an alternative estimate.
+3. The Budget Committee shall adopt the budget, which shall
+include the Office's list of posts. Should the budget estimates
+contain a subsidy from the general budget of the Communities,
+the Office's budget shall, if necessary, be adjusted.
+
+L 78/33
+Article 144
+Fees regulations
+
+1. The fees regulations shall determine in particular the
+amounts of the fees and the ways in which they are to be paid.
+2. The amounts of the fees shall be fixed at such a level as to
+ensure that the revenue in respect thereof is in principle sufficient
+for the budget of the Office to be balanced.
+3. The fees regulations shall be adopted and amended in
+accordance with the procedure referred to in Article 163(2).
+
+Article 141
+Audit and control
+TITLE XIII
+
+1. An internal audit function shall be set up within the Office,
+to be performed in compliance with the relevant international
+standards. The internal auditor, appointed by the President, shall
+be responsible to him for verifying the proper operation of
+budget implementation systems and procedures of the Office.
+
+INTERNATIONAL REGISTRATION OF MARKS
+
+SECTION I
+
+General provisions
+2. The internal auditor shall advise the President on dealing
+with risks, by issuing independent opinions on the quality of
+management and control systems and by issuing recommendations for improving the conditions of implementation of
+operations and promoting sound financial management.
+3. The responsibility for putting in place internal control
+systems and procedures suitable for carrying out his tasks shall
+lie with the authorising officer.
+
+Article 142
+Auditing of accounts
+1. Not later than 31 March in each year the President shall
+transmit to the Commission, the European Parliament, the
+Budget Committee and the Court of Auditors accounts of the
+Office's total revenue and expenditure for the preceding financial
+year. The Court of Auditors shall examine them in accordance
+with Article 248 of the Treaty.
+2. The Budget Committee shall give a discharge to the President
+of the Office in respect of the implementation of the budget.
+
+Article 145
+Application of provisions
+Unless otherwise specified in this title, this Regulation and its
+Implementing Regulations shall apply to applications for
+international registrations under the Protocol relating to the
+Madrid Agreement concerning the international registration of
+marks, adopted at Madrid on 27 June 1989 (hereafter referred to
+as ‘international applications’ and ‘the Madrid Protocol’ respectively), based on an application for a Community trade mark or
+on a Community trade mark and to registrations of marks in the
+international register maintained by the International Bureau of
+the World Intellectual Property Organisation (hereafter referred
+to as ‘international registrations’ and ‘the International Bureau’,
+respectively) designating the European Community.
+
+SECTION 2
+
+International registration on the basis of applications for a
+Community trade mark and of Community trade marks
+
+Article 146
+Filing of an international application
+
+Financial provisions
+
+1. International applications pursuant to Article 3 of the
+Madrid Protocol based on an application for a Community trade
+mark or on a Community trade mark shall be filed at the Office.
+
+The Budget Committee shall, after consulting the Court of
+Auditors of the European Communities and the Commission,
+adopt internal financial provisions specifying, in particular, the
+procedure for establishing and implementing the Office's budget.
+As far as is compatible with the particular nature of the Office,
+the financial provisions shall be based on the financial
+regulations adopted for other bodies set up by the Community.
+
+2. Where an international application is filed before the mark
+on which the international registration is to be based has been
+registered as a Community trade mark, the applicant for the
+international registration must indicate whether the international
+registration is to be based on a Community trade mark
+application or registration. Where the international registration
+is to be based on a Community trade mark once it is registered,
+
+Article 143
+
+L 78/34
+
+Official Journal of the European Union
+
+EN
+
+the international application shall be deemed to have been
+received at the Office on the date of registration of the
+Community trade mark.
+
+Article 147
+Form and contents of the international application
+1. The international application shall be filed in one of the
+official languages of the European Community, using a form
+provided by the Office. Unless otherwise specified by the
+applicant on that form when he files the international
+application, the Office shall correspond with the applicant in
+the language of filing in a standard form.
+
+2. If the international application is filed in a language which is
+not one of the languages allowed under the Madrid Protocol, the
+applicant must indicate a second language from among those
+languages. This shall be the language in which the Office submits
+the international application to the International Bureau.
+
+3. Where the international application is filed in a language
+other than one of the languages allowed under the Madrid
+Protocol for the filing of international applications, the applicant
+may provide a translation of the list of goods or services in the
+language in which the international application is to be
+submitted to the International Bureau pursuant to paragraph 2.
+
+4. The Office shall forward the international application to the
+International Bureau as soon as possible.
+
+5. The filing of an international application shall be subject to
+the payment of a fee to the Office. In the cases referred to in the
+second sentence of Article 146(2), the fee shall be due on the
+date of registration of the Community trade mark. The
+application shall be deemed not to have been filed until the
+required fee has been paid.
+
+6. The international application must fulfil the relevant
+conditions laid down in the Implementing Regulation.
+
+Article 148
+
+24.3.2009
+Article 149
+
+Request for territorial extension subsequent to the
+international registration
+A request for territorial extension made subsequent to
+international registration pursuant to Article 3ter(2) of
+Madrid Protocol may be filed through the intermediary of
+Office. The request must be filed in the language in which
+international application was filed pursuant to Article 147.
+
+the
+the
+the
+the
+
+Article 150
+International fees
+Any fees payable to the International Bureau under the Madrid
+Protocol shall be paid direct to the International Bureau.
+
+SECTION 3
+
+International registrations designating the European
+Community
+
+Article 151
+Effects of international registrations designating the
+European Community
+1. An international registration designating the European
+Community shall, from the date of its registration pursuant to
+Article 3(4) of the Madrid Protocol or from the date of the
+subsequent designation of the European Community pursuant to
+Article 3ter(2) of the Madrid Protocol, have the same effect as an
+application for a Community trade mark.
+2. If no refusal has been notified in accordance with Article 5(1) and (2) of the Madrid Protocol or if any such refusal has
+been withdrawn, the international registration of a mark
+designating the European Community shall, from the date
+referred to in paragraph 1, have the same effect as the
+registration of a mark as a Community trade mark.
+3. For the purposes of applying Article 9(3), publication of the
+particulars of the international registration designating the
+European Community pursuant to Article 152(1) shall take the
+place of publication of a Community trade mark application, and
+publication pursuant to Article 152(2) shall take the place of
+publication of the registration of a Community trade mark.
+
+Recordal in the files and in the Register
+1. The date and number of an international registration based
+on a Community trade mark application, shall be recorded in the
+files of that application. When the application results in a
+Community trade mark, the date and number of the
+international registration shall be entered in the Register.
+
+2. The date and number of an international registration based
+on a Community trade mark shall be entered in the Register.
+
+Article 152
+Publication
+1. The Office shall publish the date of registration of a mark
+designating the European Community pursuant to Article 3(4) of
+the Madrid Protocol or the date of the subsequent designation of
+the European Community pursuant to Article 3ter(2) of the
+Madrid Protocol, the language of filing of the international
+application and the second language indicated by the applicant,
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+the number of the international registration and the date of
+publication of such registration in the Gazette published by the
+International Bureau, a reproduction of the mark and the
+numbers of the classes of the goods or services in respect of
+which protection is claimed.
+2. If no refusal of protection of an international registration
+designating the European Community has been notified in
+accordance with Article 5(1) and (2) of the Madrid Protocol or if
+any such refusal has been withdrawn, the Office shall publish this
+fact, together with the number of the international registration
+and, where applicable, the date of publication of such registration
+in the Gazette published by the International Bureau.
+
+L 78/35
+Article 155
+Search
+
+1. Once the Office has received a notification of an
+international registration designating the European Community,
+it shall draw up a Community search report as provided for in
+Article 38(1).
+2. As soon as the Office has received a notification of an
+international registration designating the European Community,
+the Office shall transmit a copy thereof to the central industrial
+property office of each Member State which has informed the
+Office of its decision to operate a search in its own register of
+trade marks as provided for in Article 38(2).
+
+Article 153
+Seniority
+
+3. Article 38(3) to (6) shall apply mutatis mutandis.
+
+1. The applicant for an international registration designating
+the European Community may claim, in the international
+application, the seniority of an earlier trade mark registered in
+a Member State, including a trade mark registered in the Benelux
+countries, or registered under international arrangements having
+effect in a Member State, as provided for in Article 34.
+
+4. The Office shall inform the proprietors of any earlier
+Community trade marks or Community trade mark applications
+cited in the Community search report of the publication of the
+international registration designating the European Community
+as provided for in Article 152(1).
+
+2. The holder of an international registration designating the
+European Community may, as from the date of publication of
+the effects of such registration pursuant to Article 152(2), claim
+at the Office the seniority of an earlier trade mark registered in a
+Member State, including a trade mark registered in the Benelux
+countries, or registered under international arrangements having
+effect in a Member State, as provided for in Article 35. The Office
+shall notify the International Bureau accordingly.
+
+Article 156
+
+Article 154
+Examination as to absolute grounds for refusal
+1. International registrations designating the European Community shall be subject to examination as to absolute grounds for
+refusal in the same way as applications for Community trade
+marks.
+2. Protection of an international registration shall not be
+refused before the holder of the international registration has
+been allowed the opportunity to renounce or limit the protection
+in respect of the European Community or of submitting his
+observations.
+3. Refusal of protection shall take the place of refusal of a
+Community trade mark application.
+4. Where protection of an international registration is refused
+by a decision under this Article which has become final or where
+the holder of the international registration has renounced the
+protection in respect of the European Community pursuant to
+paragraph 2, the Office shall refund the holder of the
+international registration a part of the individual fee to be laid
+down in the Implementing Regulation.
+
+Opposition
+1. International registration designating the European Community shall be subject to opposition in the same way as
+published Community trade mark applications.
+2. Notice of opposition shall be filed within a period of three
+months which shall begin six months following the date of the
+publication pursuant to Article 152(1). The opposition shall not
+be treated as duly entered until the opposition fee has been paid.
+3. Refusal of protection shall take the place of refusal of a
+Community trade mark application.
+4. Where protection of an international registration is refused
+by a decision under this Article which has become final or where
+the holder of the international registration has renounced the
+protection in respect of the European Community prior to a
+decision under this Article which has become final, the Office
+shall refund the holder of the international registration a part of
+the individual fee to be laid down in the Implementing
+Regulation.
+
+Article 157
+Replacement of a Community trade mark by an
+international registration
+The Office shall, upon request, enter a notice in the Register that
+a Community trade mark is deemed to have been replaced by an
+international registration in accordance with Article 4bis of the
+Madrid Protocol.
+
+L 78/36
+
+Official Journal of the European Union
+
+EN
+Article 158
+
+Invalidation of the effects of an international registration
+
+24.3.2009
+
+registration designating the European Community must be put
+to genuine use in the Community.
+Article 161
+
+1. The effects of an international registration designating the
+European Community may be declared invalid.
+
+Transformation
+
+2. The application for invalidation of the effects of an
+international registration designating the European Community
+shall take the place of an application for a declaration of
+revocation as provided for in Article 51 or for a declaration of
+invalidity as provided for in Article 52 or Article 53.
+
+1. Subject to paragraph 2, the provisions applicable to
+Community trade mark applications shall apply mutatis mutandis
+to applications for transformation of an international registration
+into a Community trade mark application pursuant to
+Article 9quinquies of the Madrid Protocol.
+
+Article 159
+
+2. When the application for transformation relates to an
+international registration designating the European Community
+the particulars of which have been published pursuant to
+Article 152(2), Articles 37 to 42 shall not apply.
+
+Conversion of a designation of the European Community
+through an international registration into a national trade
+mark application or into a designation of Member States
+
+TITLE XIV
+
+1. Where a designation of the European Community through
+an international registration has been refused or ceases to have
+effect, the holder of the international registration may request the
+conversion of the designation of the European Community:
+
+FINAL PROVISIONS
+
+Article 162
+(a)
+
+into a national trade mark application pursuant to
+Articles 112, 113 and 114;
+
+(b)
+
+into a designation of a Member State party to the Madrid
+Protocol or the Madrid Agreement concerning the
+international registration of marks, adopted at Madrid on
+14 April 1891, as revised and amended (hereafter referred
+to as the ‘Madrid Agreement’), provided that on the date
+when conversion was requested it was possible to have
+designated that Member State directly under the Madrid
+Protocol or the Madrid Agreement. Articles 112, 113 and
+114 shall apply.
+
+Community implementing provisions
+1. The rules implementing this Regulation shall be adopted in
+an Implementing Regulation.
+2. In addition to the fees provided for in the preceding Articles,
+fees shall be charged, in accordance with the detailed rules of
+application laid down in the Implementing Regulation, in the
+cases listed below:
+late payment of the registration fee;
+
+(b)
+
+issue of a copy of the certificate of registration;
+
+(c)
+
+registration of a licence or another right in respect of a
+Community trade mark;
+
+(d)
+
+registration of a licence or another right in respect of an
+application for a Community trade mark;
+
+(e)
+
+cancellation of the registration of a licence or another right;
+
+(f)
+
+alteration of a registered Community trade mark;
+
+(g)
+
+issue of an extract from the Register;
+
+(h)
+
+2. The national trade mark application or the designation of a
+Member State party to the Madrid Protocol or the Madrid
+Agreement resulting from the conversion of the designation of
+the European Community through an international registration
+shall enjoy, in respect of the Member State concerned, the date of
+the international registration pursuant to Article 3(4) of the
+Madrid Protocol or the date of the extension to the European
+Community pursuant to Article 3ter(2) of the Madrid Protocol if
+the latter was made subsequently to the international registration, or the date of priority of that registration and, where
+appropriate, the seniority of a trade mark of that State claimed
+under Article 153.
+
+(a)
+
+inspection of the files;
+
+(i)
+
+issue of copies of file documents;
+
+(j)
+
+issue of certified copies of the application;
+
+(k)
+
+communication of information in a file;
+
+(l)
+
+review of the determination of the procedural costs to be
+refunded.
+
+3. The request for conversion shall be published.
+
+Article 160
+Use of a mark subject of an international registration
+For the purposes of applying Article 15(1), Article 42(2),
+Article 51(1)(a) and Article 57(2), the date of publication
+pursuant to Article 152(2) shall take the place of the date of
+registration for the purpose of establishing the date as from
+which the mark which is the subject of an international
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+3. The Implementing Regulation and the rules of procedure of
+the Boards of Appeal shall be adopted and amended in
+accordance with the procedure referred to in Article 163(2).
+Article 163
+Establishment of a committee and procedure for the
+adoption of implementing regulations
+1. The Commission shall be assisted by a committee referred to
+as the ‘Committee on Fees, Implementation Rules and the
+Procedure of the Boards of Appeal of the Office for Harmonisation in the Internal Market (trade marks and designs)’.
+2. Where reference is made to this paragraph, Articles 5 and 7
+of Decision 1999/468/EC shall apply.
+The period laid down in Article 5(6) of Decision 1999/468/EC
+shall be set at three months.
+Article 164
+Compatibility with other Community legal provisions
+This Regulation shall not affect Council Regulation (EC) No 510/
+2006, and in particular Article 14 thereof.
+Article 165
+
+L 78/37
+
+within the meaning of Article 8 was acquired in a new Member
+State prior to accession, provided that it was acquired in good
+faith and that the filing date or, where applicable, the priority
+date or the date of acquisition in the new Member State of the
+earlier trade mark or other earlier right precedes the filing date
+or, where applicable, the priority date of the Community trade
+mark applied for.
+4. A Community trade mark as referred to in paragraph 1 may
+not be declared invalid:
+(a)
+
+pursuant to Article 52 if the grounds for invalidity became
+applicable merely because of the accession of a new
+Member State;
+
+(b)
+
+pursuant to Article 53(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.
+
+5. The use of a Community trade mark as referred to in
+paragraph 1 may be prohibited pursuant to Articles 110 and
+111, if the earlier trade mark or other earlier right was registered,
+applied for or acquired in good faith in the new Member State
+prior to the date of accession of that State; or, where applicable,
+has a priority date prior to the date of accession of that State.
+Article 166
+
+Provisions relating to the enlargement of the Community
+1. As from the date of accession of Bulgaria, the Czech
+Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
+Poland, Romania, Slovenia and Slovakia (hereinafter referred to
+as ‘new Member State(s)’), a Community trade mark registered or
+applied for pursuant to this Regulation before the respective
+dates of accession shall be extended to the territory of those
+Member States in order to have equal effect throughout the
+Community.
+2. The registration of a Community trade mark which is under
+application at the date of accession may not be refused on the
+basis of any of the absolute grounds for refusal listed in Article 7(1), if these grounds became applicable merely because of
+the accession of a new Member State.
+3. Where an application for the registration of a Community
+trade mark has been filed during the six months prior to the date
+of accession, notice of opposition may be given pursuant to
+Article 41 where an earlier trade mark or another earlier right
+
+Repeal
+Regulation (EC) No 40/94, as amended by the instruments set
+out in Annex I, is repealed.
+References to the repealed Regulation shall be construed as
+references to this Regulation and shall be read in accordance with
+the correlation table in Annex II.
+Article 167
+Entry into force
+1. This Regulation shall enter into force on the 20th day
+following its publication in the Official Journal of the European
+Union.
+2. The Member States shall within three years following entry
+into force of Regulation (EC) No 40/94 take the necessary
+measures for the purpose of implementing Articles 95 and 114.
+
+This Regulation shall be binding in its entirety and directly applicable in all Member States.
+Done at Brussels, 26 February 2009.
+For the Council
+The President
+I. LANGER
+
+L 78/38
+
+Official Journal of the European Union
+
+EN
+
+ANNEX I
+Repealed Regulation with list of its successive amendments
+(referred to in Article 166)
+
+Council Regulation (EC) No 40/94
+(OJ L 11, 14.1.1994, p. 1)
+Council Regulation (EC) No 3288/94
+(OJ L 349, 31.12.1994, p. 83)
+Council Regulation (EC) No 807/2003
+(OJ L 122, 16.5.2003, p. 36)
+
+Only point 48 of Annex III
+
+Council Regulation (EC) No 1653/2003
+(OJ L 245, 29.9.2003, p. 36)
+Council Regulation (EC) No 1992/2003
+(OJ L 296, 14.11.2003, p. 1)
+Council Regulation (EC) No 422/2004
+(OJ L 70, 9.3.2004, p. 1)
+Council Regulation (EC) No 1891/2006
+(OJ L 386, 29.12.2006, p. 14)
+Annex II, Part 4 (C)(I) of the 2003 Act of Accession
+(OJ L 236, 23.9.2003, p. 342)
+Annex III, Point 1.I of the 2005 Act of Accession
+(OJ L 157, 21.6.2005, p. 231)
+
+Only Article 1
+
+24.3.2009
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+L 78/39
+
+ANNEX II
+Correlation Table
+
+Regulation (EC) No 40/94
+
+Articles 1 to 14
+
+This Regulation
+
+Articles 1 to 14
+
+Article 15(1)
+
+Article 15(1), first subparagraph
+
+Article 15(2), introductory words
+
+Article 15(1), second subparagraph, introductory words
+
+Article 15(2), point a
+
+Article 15(1), second subparagraph, point a
+
+Article 15(2), point b
+
+Article 15(1), second subparagraph, point b
+
+Article 15(3)
+
+Article 15(2)
+
+Articles 16 to 36
+
+Articles 16 to 36
+
+Article 37
+
+—
+
+Article 38
+
+Article 37
+
+Article 39
+
+Article 38
+
+Article 40
+
+Article 39
+
+Article 41
+
+Article 40
+
+Article 42
+
+Article 41
+
+Article 43
+
+Article 42
+
+Article 44
+
+Article 43
+
+Article 44a
+
+Article 44
+
+Articles 45 to 48
+
+Articles 45 to 48
+
+Article 48a
+
+Article 49
+
+Article 49
+
+Article 50
+
+Article 50
+
+Article 51
+
+Article 51
+
+Article 52
+
+Article 52
+
+Article 53
+
+Article 53
+
+Article 54
+
+Article 54
+
+Article 55
+
+Article 55
+
+Article 56
+
+Article 56
+
+Article 57
+
+Article 57
+
+Article 58
+
+Article 58
+
+Article 59
+
+Article 59
+
+Article 60
+
+Article 60
+
+Article 61
+
+Article 60a
+
+Article 62
+
+Article 61
+
+Article 63
+
+Article 62
+
+Article 64
+
+Article 63
+
+Article 65
+
+Article 64
+
+Article 66
+
+Article 65
+
+Article 67
+
+Article 66
+
+Article 68
+
+Article 67
+
+Article 69
+
+Article 68
+
+Article 70
+
+Article 69
+
+Article 71
+
+Article 70
+
+Article 72
+
+Article 71
+
+Article 73
+
+Article 72
+
+Article 74
+
+L 78/40
+
+Official Journal of the European Union
+
+EN
+
+Regulation (EC) No 40/94
+
+24.3.2009
+
+This Regulation
+
+Article 73
+
+Article 75
+
+Article 74
+
+Article 76
+
+Article 75
+
+Article 77
+
+Article 76
+
+Article 78
+
+Article 77
+
+Article 79
+
+Article 77a
+
+Article 80
+
+Article 78
+
+Article 81
+
+Article 78a
+
+Article 82
+
+Article 79
+
+Article 83
+
+Article 80
+
+Article 84
+
+Article 81
+
+Article 85
+
+Article 82
+
+Article 86
+
+Article 83
+
+Article 87
+
+Article 84
+
+Article 88
+
+Article 85
+
+Article 89
+
+Article 86
+
+Article 90
+
+Article 87
+
+Article 91
+
+Article 88
+
+Article 92
+
+Article 89
+
+Article 93
+
+Article 90
+
+Article 94
+
+Article 91
+
+Article 95
+
+Article 92
+
+Article 96
+
+Article 93
+
+Article 97
+
+Article 94(1), introductory wording
+
+Article 98(1), introductory wording
+
+Article 94(1), first indent
+
+Article 98(1)(a)
+
+Article 94(1), second indent
+
+Article 98(1)(b)
+
+Article 94(2)
+
+Article 98(2)
+
+Article 95
+
+Article 99
+
+Article 96
+
+Article 100
+
+Article 97
+
+Article 101
+
+Article 98
+
+Article 102
+
+Article 99
+
+Article 103
+
+Article 100
+
+Article 104
+
+Article 101
+
+Article 105
+
+Article 102
+
+Article 106
+
+Article 103
+
+Article 107
+
+Article 104
+
+Article 108
+
+Article 105
+
+Article 109
+
+Article 106
+
+Article 110
+
+Article 107
+
+Article 111
+
+Article 108
+
+Article 112
+
+Article 109
+
+Article 113
+
+Article 110
+
+Article 114
+
+Article 111
+
+Article 115
+
+Article 112
+
+Article 116
+
+Article 113
+
+Article 117
+
+Article 114
+
+Article 118
+
+24.3.2009
+
+Official Journal of the European Union
+
+EN
+
+Regulation (EC) No 40/94
+
+L 78/41
+
+This Regulation
+
+Article 115
+
+Article 119
+
+Article 116
+
+Article 120
+
+Article 117
+
+Article 121
+
+Article 118
+
+Article 122
+
+Article 118a
+
+Article 123
+
+Article 119
+
+Article 124
+
+Article 120
+
+Article 125
+
+Article 121(1) and (2)
+
+Article 126(1) and (2)
+
+Article 121(3)
+
+—
+
+Article 121(4)
+
+Article 126(3)
+
+Article 121(5)
+
+Article 126(4)
+
+Article 121(6)
+
+Article 126(5)
+
+Article 122
+
+Article 127
+
+Article 123
+
+Article 128
+
+Article 124
+
+Article 129
+
+Article 125
+
+Article 130
+
+Article 126
+
+Article 131
+
+Article 127
+
+Article 132
+
+Article 128
+
+Article 133
+
+Article 129
+
+Article 134
+
+Article 130
+
+Article 135
+
+Article 131
+
+Article 136
+
+Article 132
+
+Article 137
+
+Article 133
+
+Article 138
+
+Article 134
+
+Article 139
+
+Article 135
+
+Article 140
+
+Article 136
+
+Article 141
+
+Article 137
+
+Article 142
+
+Article 138
+
+Article 143
+
+Article 139
+
+Article 144
+
+Article 140
+
+Article 145
+
+Article 141
+
+Article 146
+
+Article 142
+
+Article 147
+
+Article 143
+
+Article 148
+
+Article 144
+
+Article 149
+
+Article 145
+
+Article 150
+
+Article 146
+
+Article 151
+
+Article 147
+
+Article 152
+
+Article 148
+
+Article 153
+
+Article 149
+
+Article 154
+
+Article 150
+
+Article 155
+
+Article 151
+
+Article 156
+
+Article 152
+
+Article 157
+
+Article 153
+
+Article 158
+
+Article 154
+
+Article 159
+
+Article 155
+
+Article 160
+
+Article 156
+
+Article 161
+
+L 78/42
+
+Official Journal of the European Union
+
+EN
+
+Regulation (EC) No 40/94
+
+24.3.2009
+
+This Regulation
+
+Article 157(1)
+
+Article 162(1)
+
+Article 157(2), introductory wording
+
+Article 162(2), introductory wording
+
+Article 157(2)(2)
+
+Article 162(2)(a)
+
+Article 157(2)(3)
+
+Article 162(2)(b)
+
+Article 157(2)(5)
+
+Article 162(2)(c)
+
+Article 157(2)(6)
+
+Article 162(2)(d)
+
+Article 157(2)(7)
+
+Article 162(2)(e)
+
+Article 157(2)(8)
+
+Article 162(2)(f)
+
+Article 157(2)(9)
+
+Article 162(2)(g)
+
+Article 157(2)(10)
+
+Article 162(2)(h)
+
+Article 157(2)(11)
+
+Article 162(2)(i)
+
+Article 157(2)(12)
+
+Article 162(2)(j)
+
+Article 157(2)(13)
+
+Article 162(2)(k)
+
+Article 157(2)(14)
+
+Article 162(2)(l)
+
+Article 157(3)
+
+Article 162(3)
+
+Article 158
+
+Article 163
+
+Article 159
+
+Article 164
+
+Article 159a(1), (2) and (3)
+
+Article 165(1), (2) and (3)
+
+Article 159a(4), initial wording
+
+Article 165(4), initial wording
+
+Article 159a(4), first indent
+
+Article 165(4)(a)
+
+Article 159a(4), second indent
+
+Article 165(4)(b)
+
+Article 159a(5)
+
+Article 165(5)
+
+—
+
+Article 166
+
+Article 160(1)
+
+Article 167(1)
+
+Article 160(2)
+
+Article 167(2)
+
+Article 160(3) and (4)
+
+—
+
+—
+
+Annex I
+
+—
+
+Annex II
+
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