EU TM (European Union trade mark regulation 2017/1001)
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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Table of contents:
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CHAPTER I
GENERAL PROVISIONS
Article 1. EU trade mark
Article 2. Office
Article 3. Capacity to act
CHAPTER II
THE LAW RELATING TO TRADE MARKS
SECTION 1
Definition of an EU trade mark obtaining an EU trade mark
Article 4. Signs of which an EU trade mark may consist
Article 5. Persons who can be proprietors of EU trade marks
Article 6. Means whereby an EU trade mark is obtained
Article 7. Absolute grounds for refusal
Article 8. Relative grounds for refusal
SECTION 2
Effects of an EU trade marks
Article 9. Rights conferred by an EU trade mark
Article 10. Right to prohibit preparatory acts in relation to the use of packaging or other means
Article 11. Date from which rights against third parties prevail
Article 12. Reproduction of EU trade marks in a dictionary
Article 13. Prohibition on the use of an EU trade mark registered in the name of an agent or representative
Article 14. Limitation of the effects of an EU trade mark
Article 15. Exhaustion of the rights conferred by an EU trade mark
Article 16. Intervening right of the proprietor of a later registered trade mark as a defence in infringement proceedings
Article 17. Complementary application of national law relating to infringement
SECTION 3
Use of an EU trade mark
Article 18. Use of EU trade marks
SECTION 4
EU trade marks as objects of property
Article 19. Dealing with EU trade marks as national trade marks
Article 21. Transfer of a trade mark registered in the name of an agent
Article 22. Rights in rem
Article 23. Levy of execution
Article 24. Insolvency proceedings
Article 26. Procedure for entering licences and other rights in the Register
Article 27. Effects vis-a-vis third parties
Article 28. The application for an EU trade mark as an object of property
Article 29. Procedure for cancelling or modifying the entry in the Register of licences and other rights
CHAPTER III
APPLICATION FOR EU TRADE MARKS
SECTION 1
Filing of applications and the conditions which govern them
Article 30. Filing of applications
Article 31. Conditions with which applications must comply
Article 32. Date of filing
Article 33. Designation and classification of goods and services
SECTION 2
Priority
Article 35. Claiming priority
Article 36. Effect of priority right
Article 37. Equivalence of Union filing with national filing
SECTION 3
Exhibition priority
Article 38. Exhibition priority
SECTION 4
Seniority of a national trade mark
Article 39. Claiming seniority of a national trade mark
Article 40. Claiming seniority of a national trade mark after registration of an EU trade mark
CHAPTER IV
REGISTRATION PROCEDURE
SECTION 1
Examination of applications
Article 41. Examination of the conditions of filing
Article 42. Examination as to absolute grounds for refusal
SECTION 2
Search
Article 43. Search report
SECTION 3
Publication of the application
Article 44. Publication of the application
SECTION 4
Observations by third parties and opposition
Article 45. Observations by third parties
Article 47. Examination of opposition
Article 48. Delegation of powers
SECTION 5
Withdrawal, restriction, amendment and division of the application
Article 49. Withdrawal, restriction and amendment of the application
Article 50. Division of the application
SECTION 6
Registration
Article 51. Registration
CHAPTER V
DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS
Article 52. Duration of registration
Article 53. Renewal
Article 54. Alteration
Article 55. Change of the name or address
Article 56. Division of the registration
CHAPTER VI
SURRENDER, REVOCATION AND INVALIDITY
SECTION 1
Surrender
Article 57. Surrender
SECTION 2
Grounds for revocation
Article 58. Grounds for revocation
SECTION 3
Grounds for invalidity
Article 59. Absolute grounds for invalidity
Article 60. Relative grounds for invalidity
Article 61. Limitation in consequence of acquiescence
SECTION 4
Consequences of revocation and invalidity
Article 62. Consequences of revocation and invalidity
SECTION 5
Proceedings in the office in relation to revocation or invalidity
Article 63. Application for revocation or for a declaration of invalidity
Article 64. Examination of the application
Article 65. Delegation of powers
CHAPTER VII
APPEALS
Article 66. Decisions subject to appeal
Article 67. Persons entitled to appeal and to be parties to appeal proceedings
Article 68. Time limit and form of appeal
Article 69. Revision of decisions in ex parte cases
Article 70. Examination of appeals
Article 71. Decisions in respect of appeals
Article 72. Actions before the Court of Justice
Article 73. Delegation of powers
CHAPTER VIII
SPECIFIC PROVISIONS ON EUROPEAN UNION COLLECTIVE MARKS AND CERTIFICATION MARKS
SECTION 1
EU collective marks
Article 74. EU collective marks
Article 75. Regulations governing use of an EU collective mark
Article 76. Refusal of the application
Article 77. Observations by third parties
Article 78. Use of marks
Article 79. Amendment of the regulations governing use of the EU collective mark
Article 80. Persons who are entitled to bring an action for infringement
Article 81. Grounds for revocation
Article 82. Grounds for invalidity
SECTION 2
EU certification marks
Article 83. EU certification marks
Article 84. Regulations governing use of an EU certification mark
Article 85. Refusal of the application
Article 86. Observations by third parties
Article 87. Use of the EU certification mark
Article 88. Amendment of the regulations governing use of the EU certification mark
Article 89. Transfer
Article 90. Persons who are entitled to bring an action for infringement
Article 91. Grounds for revocation
Article 92. Grounds for invalidity
Article 93. Conversion
CHAPTER IX
PROCEDURE
SECTION 1
General provisions
Article 94. Decisions and communications of the Office
Article 95. Examination of the facts by the Office of its own motion
Article 96. Oral proceedings
Article 97. Taking of evidence
Article 98. Notification
Article 99. Notification of loss of rights
Article 100. Communications to the Office
Article 101. Time limits
Article 102. Correction of errors and manifest oversights
Article 103. Revocation of decisions
Article 104. Restitutio in integrum
Article 105. Continuation of proceedings
Article 106. Interruption of proceedings
Article 107. Reference to general principles
Article 108. Termination of financial obligations
SECTION 2
Costs
Article 109. Costs
Article 110. Enforcement of decisions fixing the amount of costs
SECTION 3
Information which may be made available to the public and to the authorities of the Member States
Article 111. Register of EU trade marks
Article 112. Database
Article 113. Online access to decisions
Article 114. Inspection of files
Article 115. Keeping of files
Article 116. Periodical publications
Article 117. Administrative cooperation
Article 118. Exchange of publications
SECTION 4
Representation
Article 119. General principles of representation
Article 120. Professional representatives
Article 121. Delegation of powers
CHAPTER X
JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO EU TRADE MARKS
SECTION 1
Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Article 122. Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
SECTION 2
Disputes concerning the infringement and validity of EU trade marks
Article 123. EU trade mark courts
Article 124. Jurisdiction over infringement and validity
Article 125. International jurisdiction
Article 126. Extent of jurisdiction
Article 127. Presumption of validity - Defence as to the merits
Article 128. Counterclaims
Article 129. Applicable law
Article 130. Sanctions
Article 131. Provisional and protective measures
Article 132. Specific rules on related actions
Article 133. Jurisdiction of EU trade mark courts of second instance - Further appeal
SECTION 3
Other disputes concerning EU trade marks
Article 134. Supplementary provisions on the jurisdiction of national courts other than EU trade mark courts
Article 135. Obligation of the national court
CHAPTER XI
EFFECTS ON THE LAWS OF THE MEMBER STATES
SECTION 1
Civil actions on the basis of more than one trade mark
Article 136. Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks
SECTION 2
Application of national laws for the purpose of prohibiting the use of EU trade marks
Article 137. Prohibition of use of EU trade marks
Article 138. Prior rights applicable to particular localities
SECTION 3
Conversion into a national trade mark application
Article 139. Request for the application of national procedure
Article 140. Submission, publication and transmission of the request for conversion
Article 141. Formal requirements for conversion
CHAPTER XII
THE OFFICE
SECTION 1
General provisions
Article 142. Legal status
Article 143. Staff
Article 144. Privileges and immunities
Article 145. Liability
Article 146. Languages
Article 147. Publication and entries in the Register
Article 148. Translation services
Article 149. Transparency
Article 150. Security rules on the protection of classified and sensitive non-classified information
SECTION 2
Tasks of the office and cooperation to promote convergence
Article 151. Tasks of the Office
Article 152. Cooperation to promote convergence of practices and tools
SECTION 3
Management board
Article 153. Functions of the Management Board
Article 154. Composition of the Management Board
Article 155. Chairperson of the Management Board
Article 156. Meetings
SECTION 4
Executive Director
Article 157. Functions of the Executive Director
Article 158. Appointment and removal of the Executive Director and extension of term of office
SECTION 5
Implementation of procedures
Article 159. Competence
Article 160. Examiners
Article 161. Opposition Divisions
Article 162. Department in charge of the Register
Article 163. Cancellation Divisions
Article 164. General Competence
Article 165. Boards of Appeal
Article 166. Independence of the members of the Boards of Appeal
Article 167. Presidium of the Boards of Appeal and Grand Board
Article 168. Delegation of powers
Article 169. Exclusion and objection
Article 170. Mediation centre
SECTION 6
Budget and financial control
Article 171. Budget Committee
Article 172. Budget
Article 173. Preparation of the budget
Article 174. Audit and control
Article 175. Combating fraud
Article 176. Auditing of accounts
Article 177. Financial provisions
Article 178. Fees and charges and due date
Article 179. Payment of fees and charges
Article 180. Deemed date of payment
Article 181. Insufficient payments and refund of insignificant amounts
CHAPTER XIII
INTERNATIONAL REGISTRATION OF MARKS
SECTION 1
General provisions
Article 182. Application of provisions
SECTION 2
International registration on the basis of applications for an EU trade mark and of EU trade marks
Article 183. Filing of an international application
Article 184. Form and contents of the international application
Article 185. Recordal in the files and in the Register
Article 186. Notification of the invalidity of the basic application or registration
Article 187. Request for territorial extension subsequent to international registration
Article 188. International fees
SECTION 3
International registrations designating the Union
Article 189. Effects of international registrations designating the Union
Article 190. Publication
Article 191. Seniority claimed in an international application
Article 192. Seniority claimed before the Office
Article 193. Designation of goods and services and examination as to absolute grounds for refusal
Article 194. Collective and certification marks
Article 195. Search
Article 196. Opposition
Article 197. Replacement of an EU trade mark by an international registration
Article 198. Invalidation of the effects of an international registration
Article 199. Legal effect of registration of transfers
Article 200. Legal effect of registration of licences and other rights
Article 201. Examination of requests for registration of transfers, licences or restrictions of a holder's right of disposal
Article 202. Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States
Article 203. Use of a mark subject of an international registration
Article 204. Transformation
Article 205. Communication with the International Bureau
Article 206. Use of languages
CHAPTER XIV
FINAL PROVISIONS
Article 207. Committee Procedure
Article 208. Exercise of the delegation
Article 209. Provisions relating to the enlargement of the Union
Article 210. Evaluation and review
Article 211. Repeal
Article 212. Entry into force