Withdrawal, restriction, amendment of the EUTM application - art. 49 EU trade mark Regulation

REGULATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2017 on the European Union trade mark

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Art. 49

WITHDRAWAL, RESTRICTION AND AMENDMENT OF THE APPLICATION

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1. The applicant may at any time withdraw his EU trade mark application or restrict the list of goods or services contained therein. Where the application has already been published, the withdrawal or restriction shall also be published.

2. In other respects, an EU 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.

3. The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details of the procedure governing the amendment of the application.

[Legal note]

Probably the most popular question European Union trade mark applicants ask is: Can I add any products to my application? Due to art. 49 eutm the answer is: No, you can not. The application may be amended only by correcting the name and address of the applicant, errors of wording or of copying, or obvious mistakes.

Sometimest the list of goods or services is being restricted or the application withdrawn after formal opposition (art. 46 eutm) of another party.

Any of actions described above (withdrawal, restriction, amendment of the application) is subject to a fee. ...

First two paragraphs of art. 49 eutm are basically identical to both paragraphs of art. 43 of Regulation on the Community trade mark.

Any questions?

[last update: 10th of April 2020]