The text on a date

The publisher's dates this site holds for this act

• Entry into force: 2017-07-06 (the publisher's qualifier, word for word: DATPUB +20 V ART 212)
• Application: 2017-10-01 (the publisher's qualifier, word for word: V ART 212)
• Deadline: 2016-03-23 (the publisher's qualifier, word for word: V ART 208.2)
• Deadline: 2021-03-24 (the publisher's qualifier, word for word: B-19.12 V ART 210.1)

Not held for this act: end of validity. The publisher's dated statements this site holds for it give no such date, which says nothing of whether the act has one.

None of the dates above is used to choose a wording: each wording below carries its own date.

32017R1001, eng, the original wording of 2017-06-14 (the act's date in the publisher's Formex package)

This wording answers the dates from 2017-06-14 to the day before 2017-06-16, the date of the next wording.

/eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng

212 articles quoted, 0 held without text.

Page 3 of 5: Article 101 to Article 150.

101. 101 Article 101

     Article 101 Time limits 1. Time limits shall be laid down in terms of full years, months, weeks or days. Calculation shall start on the day following the day on which the relevant event occurred. The duration of time limits shall be no less than one month and no more than six months. 2. The Executive Director shall determine, before the commencement of each calendar year, the days on which the Office is not open for receipt of documents or on which ordinary post is not delivered in the locality in which the Office is located. 3. The Executive Director shall determine the duration of the period of interruption in the case of a general interruption in the delivery of post in the Member State where the Office is located or, in the case of an actual interruption of the Office's connection to admitted electronic means of communication. 4. If an exceptional occurrence, such as a natural disaster or strike, interrupts or interferes with proper communication from the parties to the proceedings to the Office or vice-versa, the Executive Director may determine that for parties to the proceedings having their residence or registered office in the Member State concerned or who have appointed a representative with a place of business in the Member State concerned all time limits that otherwise would expire on or after the date of commencement of such occurrence, as determined by him, shall extend until a date to be determined by him. When determining that date, he shall assess when the exceptional occurrence comes to an end. If the occurrence affects the seat of the Office, such determination of the Executive Director shall specify that it applies in respect of all parties to the proceedings. 5. The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details regarding the calculation and duration of time limits.

     Text digest 6d5d45123b610854ae8938651e2f7f256a30ebe2c3efb8083bbc244f753fa2f7, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/101

102. 102 Article 102

     Article 102 Correction of errors and manifest oversights 1. The Office shall correct any linguistic errors or errors of transcription and manifest oversights in its decisions, or technical errors attributable to it in registering an EU trade mark or in publishing the registration of its own motion or at the request of a party. 2. Where the correction of errors in the registration of an EU trade mark or the publication of the registration is requested by the proprietor, Article 55 shall apply mutatis mutandis. 3. Corrections of errors in the registration of an EU trade mark and in the publication of the registration shall be published by the Office.

     Text digest 3bde9d4bc00718c9da2304c82b3651332020fc1cb0a755c7353dbd2d75fa0128, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/102

103. 103 Article 103

     Article 103 Revocation of decisions 1. Where the Office has made an entry in the Register or taken a decision which contains an obvious error attributable to the Office, 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. The cancellation of the entry in the Register or the revocation of the decision shall be effected within one year of the date on which the entry was made in the Register or that decision was taken, after consultation with the parties to the proceedings and any proprietor of rights to the EU trade mark in question that are entered in the Register. The Office shall keep records of any such cancellation or revocation. 3. The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the procedure for the revocation of a decision or for the cancellation of an entry in the Register. 4. This Article shall be without prejudice to the right of the parties to submit an appeal under Articles 66 and 72, or to the possibility of correcting errors and manifest oversights under Article 102. Where an appeal has been filed against a decision of the Office containing an error, the appeal proceedings shall become devoid of purpose upon revocation by the Office of its decision pursuant to paragraph 1 of this Article. In the latter case, the appeal fee shall be reimbursed to the appellant.

     Text digest 12cc1365e8a290ce26a9ce29beaa6dd51b5b0b9f1ef43120dbdf6e90694d303c, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/103

104. 104 Article 104

     Article 104 Restitutio in integrum 1. The applicant for or proprietor of an EU trade mark or any other party to proceedings before the Office who, in spite of all due care 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 shall be filed in writing within two months of the removal of the obstacle to compliance with the time limit. The omitted act shall 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 the third sentence of Article 53(3) shall be deducted from the period of one year. 3. The application shall state the grounds on which it is based and shall 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 46(1) and (3) and Article 105. 6. Where the applicant for or proprietor of an EU trade mark has his rights re-established, he may not invoke his 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 EU trade mark in the course of the period between the loss of rights in the application or in the EU trade mark and publication of the mention of re-establishment 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 an EU trade mark within a period of two months as from the date of publication of the mention of re-establishment 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.

     Text digest de26c05cb76d9fb5bd136a9abbfde9146608d24b745affe5a0f691952e5fc82f, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/104

105. 105 Article 105

     Article 105 Continuation of proceedings 1. An applicant for or proprietor of an EU trade mark or any other party to proceedings before the Office who has omitted to 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 submitted within two months of 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 apply to the time limits laid down in Article 32, Article 34(1), Article 38(1), Article 41(2), Article 46(1) and (3), Article 53(3), Article 68, Article 72(5), Article 104(2) and Article 139, or to the time limits laid down in paragraph 1 of this Article or the time limit for claiming seniority pursuant to Article 39 after the application has been filed. 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. If a decision has been taken between the expiry of that time limit and the request for the continuation of proceedings, the department competent to decide on the omitted act shall review the decision and, where completion of the omitted act itself is sufficient, take a different decision. If, following the review, the Office concludes that the original decision does not require to be altered, it shall confirm that decision in writing. 5. If the Office rejects the application, the fee shall be refunded.

     Text digest b43a0580435c06440d29b20e942b98cff542ff080025156eab0ca1109b6f1185, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/105

106. 106 Article 106

     Article 106 Interruption of proceedings 1. Proceedings before the Office shall be interrupted: (a) in the event of the death or legal incapacity of the applicant for, or proprietor of, an EU trade mark or of the person authorised by national law to act on his behalf. To the extent that that death or incapacity does not affect the authorisation of a representative appointed under Article 120, proceedings shall be interrupted only on application by such representative; (b) in the event of the applicant for, or proprietor of, an EU trade mark being prevented, for legal reasons resulting from action taken against his property, from continuing the proceedings before the Office; (c) in the event of the death or legal incapacity of the representative of an applicant for, or proprietor of, an EU trade mark, or of that representative being prevented, for legal reasons resulting from action taken against his property, from continuing the proceedings before the Office. 2. Proceedings before the Office shall be resumed as soon as the identity of the person authorised to continue them has been established. 3. The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the detailed arrangements for the resumption of proceedings before the Office.

     Text digest c7ad1244fc577cf968a1c9bc0882b8b12dc82e2405d184adee41c962f67784db, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/106

107. 107 Article 107

     Article 107 Reference to general principles In the absence of procedural provisions in this Regulation or in acts adopted pursuant to this Regulation, the Office shall take into account the principles of procedural law generally recognised in the Member States.

     Text digest cd19d2fc329b02f16d78926bdb2050778d9bc0ce6f42cf39506657de4965b9e0, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/107

108. 108 Article 108

     Article 108 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. 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.

     Text digest 25503382db750e73c38b32913725953aaea07853b435b4ebe5afacaad2e46758, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/108

109. 109 Article 109

     Article 109 Costs 1. The losing party in opposition proceedings, proceedings for revocation, proceedings for a declaration of invalidity or appeal proceedings shall bear the fees paid by the other party. Without prejudice to Article 146(7), the losing party shall also bear all costs incurred by the other party that are essential to the proceedings, including travel and subsistence and the remuneration of a representative within the meaning of Article 120(1), within the limits of the scales set for each category of costs in the implementing act to be adopted in accordance with paragraph 2 of this Article. The fees to be borne by the losing party shall be limited to the fees paid by the other party for opposition, for an application for revocation or for a declaration of invalidity of the EU trade mark and for appeal. 2. The Commission shall adopt implementing acts specifying the maximum rates for costs essential to the proceedings and actually incurred by the successful party. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2). When specifying such amounts with respect to travel and subsistence costs, the Commission shall take into account the distance between the place of residence or business of the party, representative or witness or expert and the place where the oral proceedings are held, the procedural stage at which the costs have been incurred, and, as far as costs of representation within the meaning of Article 120(1) are concerned, the need to ensure that the obligation to bear the costs may not be misused for tactical reasons by the other party. Subsistence expenses shall be calculated in accordance with the Staff Regulations of Officials of the Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (‘the Staff Regulations’ and ‘Conditions of Employment’ respectively). The losing party shall bear the costs for one opposing party only and, where applicable, one representative only. 3. 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. 4. The party who terminates the proceedings by withdrawing the EU 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 EU trade mark or by surrendering the EU trade mark, shall bear the fees and the costs incurred by the other party as stipulated in paragraphs 1 and 3. 5. 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. 6. Where the parties conclude before the Opposition Division, Cancellation Division or Board of Appeal a settlement of costs differing from that provided for in paragraphs 1 to 5, the department concerned shall take note of that agreement. 7. The Opposition Division or Cancellation Division or Board of Appeal shall fix the amount of the costs to be paid pursuant to paragraphs 1 to 6 of this Article 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, on request, the amount of the costs to be reimbursed. The request shall be admissible only for the period of two months following the date on which the decision for which an application was made for the costs to be fixed becomes final and shall be accompanied by a bill and supporting evidence. For the costs of representation pursuant to Article 120(1), an assurance by the representative that the costs have been incurred shall be sufficient. For other costs, it shall be sufficient if their plausibility is established. Where the amount of the costs is fixed pursuant to the first sentence of this paragraph, representation costs shall be awarded at the level laid down in the implementing act adopted pursuant to paragraph 2 of this Article and irrespective of whether they have been actually incurred. 8. The decision on the fixing of costs, stating the reasons on which it is based, may be reviewed by a decision of the Opposition Division or Cancellation Division or Board of Appeal on a request filed within one month of the date of notification of the awarding of costs. It shall not be deemed to be filed until the fee for reviewing the amount of the costs has been paid. The Opposition Division, the Cancellation Division or the Board of Appeal, as the case may be, shall take a decision on the request for a review of the decision on the fixing of costs without oral proceedings.

     Text digest d41215b9d837c3b219f2f2ed9f72a7655276d03ffeca544aefbf633c78b26cf7, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/109

110. 110 Article 110

     Article 110 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. Each Member State shall designate a single authority responsible for verifying the authenticity of the decision referred to in paragraph 1 and shall communicate its contact details to the Office, the Court of Justice and the Commission. The order for the enforcement of the decision shall be appended to the decision by that authority, with the verification of the authenticity of the decision as the sole formality. 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.

     Text digest 2a39747eff9593c37ca171c548a6344bafce0e5543d65560d054d30da61450a8, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/110

111. 111 Article 111

     Article 111 Register of EU trade marks 1. The Office shall keep a Register of EU trade marks which it shall keep up to date. 2. The Register shall contain the following entries relating to EU trade mark applications and registrations: (a) the date of filing the application; (b) the file number of the application; (c) the date of the publication of the application; (d) the name and address of the applicant; (e) the name and business address of the representative, other than a representative as referred to in the first sentence of Article 119(3); (f) the representation of the mark, with indications as to its nature; and, where applicable, a description of the mark; (g) an indication of the goods and services by their names; (h) particulars of claims of priority pursuant to Article 35; (i) particulars of claims of exhibition priority pursuant to Article 38; (j) particulars of claims of seniority of a registered earlier trade mark as referred to in Article 39; (k) a statement that the mark has become distinctive in consequence of the use which has been made of it, pursuant to Article 7(3); (l) an indication that the mark is a collective mark; (m) an indication that the mark is a certification mark; (n) the language in which the application was filed and the second language which the applicant has indicated in his application, pursuant to Article 146(3); (o) the date of registration of the mark in the Register and the registration number; (p) a statement that the application is the result of a transformation of an international registration designating the Union, pursuant to Article 204 of this Regulation, together with the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date on which the territorial extension to the Union made subsequent to the international registration pursuant to Article 3ter(2) of the Madrid Protocol was recorded and, where applicable, the date of priority of the international registration. 3. The Register shall also contain the following entries, each accompanied by the date of recording of such entry: (a) changes in the name, address or nationality of the proprietor of an EU trade mark or a change in the State in which he is domiciled or has his seat or establishment; (b) changes in the name or business address of the representative, other than a representative as referred to in the first sentence of Article 119(3); (c) where a new representative is appointed, the name and business address of that representative; (d) amendments and alterations of the mark, pursuant to Articles 49 and 54, and corrections of errors; (e) notice of amendments to the regulations governing the use of the collective mark pursuant to Article 79; (f) particulars of claims of seniority of a registered earlier trade mark as referred to in Article 39, pursuant to Article 40; (g) total or partial transfers pursuant to Article 20; (h) creation or transfer of a right in rem pursuant to Article 22, and the nature of the right in rem; (i) levy of execution pursuant to Article 23 and insolvency proceedings pursuant to Article 24; (j) the grant or transfer of a licence pursuant to Article 25 and, where applicable, the type of licence; (k) renewal of a registration pursuant to Article 53, the date from which it takes effect and any restrictions pursuant to Article 53(4); (l) a record of a determination of the expiry of a registration pursuant to Article 53; (m) declarations of withdrawal or surrender by the proprietor of the mark pursuant to Articles 49 and 57 respectively; (n) the date of submission and the particulars of an opposition pursuant to Article 46, of an application pursuant to Article 63, or a counterclaim pursuant to Article 128(4) for revocation or for a declaration of invalidity, or of an appeal pursuant to Article 68; (o) the date and content of a decision on an opposition, on an application or counterclaim pursuant to Article 64(6) or the third sentence of Article 128(6), or on an appeal pursuant to Article 71; (p) a record of the receipt of a request for conversion pursuant to Article 140(2); (q) the cancellation of the representative recorded pursuant to point (e) of paragraph 2 of this Article; (r) the cancellation of the seniority of a national mark; (s) the modification to or cancellation from the Register of the items referred to in points (h), (i) and (j) of this paragraph; (t) the replacement of the EU trade mark by an international registration pursuant to Article 197; (u) the date and number of international registrations based on the EU trade mark application which has been registered as an EU trade mark pursuant to Article 185(1); (v) the date and number of international registrations based on the EU trade mark pursuant to Article 185(2); (w) the division of an application pursuant to Article 50 and the division of a registration pursuant to Article 56, together with the items referred to in paragraph 2 of this Article in respect of the divisional registration, as well as the list of goods and services of the original registration as amended; (x) the revocation of a decision or an entry in the Register pursuant to Article 103, where the revocation concerns a decision or entry which has been published; (y) notice of amendments to the regulations governing the use of the EU certification mark pursuant to Article 88. 4. The Executive Director may determine that items other than those referred to in paragraphs 2 and 3 of this Article are to be entered in the Register, subject to Article 149(4). 5. The Register may be maintained in electronic form. The Office shall collect, organise, make public and store the items referred to in paragraphs 2 and 3, including any personal data, for the purposes laid down in paragraph 8. The Office shall keep the register easily accessible for public inspection. 6. The proprietor of an EU trade mark shall be notified of any change in the Register. 7. The Office shall provide certified or uncertified extracts from the Register on request and on payment of a fee. 8. The processing of the data concerning the entries set out in paragraphs 2 and 3, including any personal data, shall take place for the purposes of: (a) administering the applications and/or registrations as described in this Regulation and acts adopted pursuant to it; (b) maintaining a public register for inspection by, and the information of, public authorities and economic operators, in order to enable them to exercise the rights conferred on them by this Regulation and be informed about the existence of prior rights belonging to third parties; and (c) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system. 9. All the data, including personal data, concerning the entries in paragraphs 2 and 3 shall be considered to be of public interest and may be accessed by any third party. For reasons of legal certainty, the entries in the Register shall be kept for an indefinite period of time.

     Text digest d1980d86326f7681794fd2235022e543d4a4c2dbde811cda62193e07194f859f, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/111

112. 112 Article 112

     Article 112 Database 1. In addition to the obligation to keep a Register within the meaning of Article 111, the Office shall collect and store in an electronic database all the particulars provided by applicants or any other party to the proceedings pursuant to this Regulation or acts adopted pursuant to it. 2. The electronic database may include personal data, beyond those included in the Register pursuant to Article 111, to the extent that such particulars are required by this Regulation or by acts adopted pursuant to it. The collection, storage and processing of such data shall serve the purposes of: (a) administering the applications and/or registrations as described in this Regulation and in acts adopted pursuant to it; (b) accessing the information necessary for conducting the relevant proceedings more easily and efficiently; (c) communicating with the applicants and other parties to the proceedings; (d) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system. 3. The Executive Director shall determine the conditions of access to the electronic database and the manner in which its contents, other than the personal data referred to in paragraph 2 of this Article but including those listed in Article 111, may be made available in machine-readable form, including the charge for such access. 4. Access to the personal data referred to in paragraph 2 shall be restricted and such data shall not be made publicly available unless the party concerned has given his express consent. 5. All data shall be kept indefinitely. However, the party concerned may request the removal of any personal data from the database after 18 months from the expiry of the EU trade mark or the closure of the relevant inter partes procedure. The party concerned shall have the right to obtain the correction of inaccurate or erroneous data at any time.

     Text digest e60a55b20d74adf1bc2e892f7ed969b1bb3511422aa8f4da35c160c62ad25b57, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/112

113. 113 Article 113

     Article 113 Online access to decisions 1. The decisions of the Office shall be made available online for the information and consultation of the general public in the interest of transparency and predictability. Any party to the proceedings that led to the adoption of the decision may request the removal of any personal data included in the decision. 2. The Office may provide online access to judgments of national and Union courts related to its tasks in order to raise public awareness of intellectual property matters and promote convergence of practices. The Office shall respect the conditions of the initial publication with regard to personal data.

     Text digest c252b2c58cd797214f5568af9148f81718d3e1628b79e3c87da061013988871b, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/113

114. 114 Article 114

     Article 114 Inspection of files 1. The files relating to EU trade mark applications which have not yet been published shall not be made available for inspection without the consent of the applicant. 2. Any person who can prove that the applicant for an EU 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 EU trade mark application, the files relating to such application and the resulting trade mark may be inspected on request. 4. Where the files are inspected pursuant to paragraph 2 or 3 of this Article, documents relating to exclusion or objection pursuant to Article 169, draft decisions and opinions, and all other internal documents used for the preparation of decisions and opinions, as well as parts of the file which the party concerned showed a special interest in keeping confidential before the request for inspection of the files was made, unless inspection of such parts of the file is justified by overriding, legitimate interests of the party seeking inspection, may be withheld from inspection. 5. Inspection of the files of EU trade mark applications and of registered EU trade marks shall be of the original document, or of copies thereof, or of technical means of storage if the files are stored in this way. The Executive Director shall determine the means of inspection. 6. Where inspection of files takes place as provided for in paragraph 7, the request for inspection of the files shall not be deemed to have been made until the required fee has been paid. No fee shall be payable if inspection of technical means of storage takes place online. 7. Inspection of the files shall take place at the premises of the Office. On request, inspection of the files shall be effected by means of issuing copies of file documents. The issuing of such copies shall be conditional on the payment of a fee. The Office shall also issue on request certified or uncertified copies of the application for an EU trade mark upon payment of a fee. 8. The files kept by the Office relating to international registrations designating the Union may be inspected on request as from the date of publication referred to in Article 190(1), in accordance with the conditions laid down in paragraphs 1, 3 and 4 of this Article. 9. Subject to the restrictions provided for in paragraph 4, the Office may, on request, communicate information from any file of an EU trade mark applied for or of a registered EU trade mark, subject to payment of a fee. However, the Office may require the exercise of the option to obtain inspection of the file itself should it deem this to be appropriate in view of the quantity of information to be supplied.

     Text digest 041b452cd8280218e0d5f8946a7026ac569b2107e098b0dc252a18b4a00e1ce7, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/114

115. 115 Article 115

     Article 115 Keeping of files 1. The Office shall keep the files of any procedure relating to an EU trade mark application or EU trade mark registration. The Executive Director shall determine the form in which those files shall be kept. 2. Where the files are kept in electronic format, the electronic files, or back-up copies thereof, shall be kept indefinitely. The original documents filed by parties to the proceedings, and forming the basis of such electronic files, shall be disposed of after a period following their reception by the Office, which shall be determined by the Executive Director. 3. Where and to the extent that files or parts of the files are kept in any form other than electronically, documents or items of evidence constituting part of such files shall be kept for at least five years from the end of the year in which the application is rejected or withdrawn or is deemed to be withdrawn, the registration of the EU trade mark expires completely pursuant to Article 53, the complete surrender of the EU trade mark is registered pursuant to Article 57, or the EU trade mark is completely removed from the Register pursuant to Article 64(6) or 128(6).

     Text digest 1a16847cffde8783cc059da429f4893fd2f57850074ae9f03254d132465ffd18, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/115

116. 116 Article 116

     Article 116 Periodical publications 1. The Office shall periodically publish: (a) a European Union Trade Marks Bulletin containing publications of applications and of entries made in the Register as well as other particulars relating to applications or registrations of EU trade marks the publication of which is required under this Regulation or by acts adopted pursuant to it; (b) an Official Journal of the Office containing notices and information of a general character issued by the Executive Director, as well as any other information relevant to this Regulation or its implementation. The publications referred to in points (a) and (b) of the first subparagraph may be effected by electronic means. 2. The European Union Trade Marks Bulletin shall be published in a manner and at a frequency to be determined by the Executive Director. 3. The Official Journal of the Office shall be published in the languages of the Office. However, the Executive Director may determine that certain items shall be published in the Official Journal of the Office in the official languages of the Union. 4. The Commission shall adopt implementing acts specifying: (a) the date to be taken as the date of publication in the European Union Trade Marks Bulletin; (b) the manner of publication of entries regarding the registration of a trade mark which do not contain changes as compared to the publication of the application; (c) the forms in which editions of the Official Journal of the Office may be made available to the public. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).

     Text digest 5edbaa982db51648827eb7b3eddc253146462829ce4286b4d8e1abd917962476, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/116

117. 117 Article 117

     Article 117 Administrative cooperation 1. 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 114. 2. The Office shall not charge fees for the communication of information or the opening of files for inspection. 3. The Commission shall adopt implementing acts specifying the detailed arrangements as to how the Office and the authorities of the Member States are to exchange information between each other and open files for inspection, taking into account the restrictions to which the inspection of files relating to EU trade mark applications or registrations is subject, pursuant to Article 114, when it is opened to third parties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).

     Text digest d86a052c686d8e9a5032a0a5f27dea00347cc467b6d4df0f48b8887dd09d5bd5, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/117

118. 118 Article 118

     Article 118 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.

     Text digest b2160adaca915722b26304a80ce50087ffaf000c2e6164fbfcc480d794e2c4d0, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/118

119. 119 Article 119

     Article 119 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 the second sentence of paragraph 3 of this Article, natural or legal persons having neither their domicile nor their principal place of business or a real and effective industrial or commercial establishment in the European Economic Area shall be represented before the Office in accordance with Article 120(1) in all proceedings provided for by this Regulation, other than the filing of an application for an EU trade mark. 3. Natural or legal persons having their domicile or principal place of business or a real and effective industrial or commercial establishment in the European Economic Area may be represented before the 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 European Economic Area. Employees who represent persons, within the meaning of this paragraph, shall, at the request of the Office or, where appropriate, of the party to the proceedings, file with it a signed authorisation for insertion in the files. 4. Where there is more than one applicant or more than one third party acting in common, a common representative shall be appointed.

     Text digest 7445e384242bb70a6c86cced343a7503358c759ec4233f1738a9eb0a7c59dba8, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/119

120. 120 Article 120

     Article 120 Professional representatives 1. Representation of natural or legal persons before the Office may only be undertaken by: (a) a legal practitioner qualified in one of the Member States of the European Economic Area and having his place of business within the European Economic Area, to the extent that he is entitled, within the said Member State, to act as a representative in trade mark matters; (b) professional representatives whose names appear on the list maintained for this purpose by the Office. Representatives acting before the Office shall, at the request of the Office or, where appropriate, of the other party to the proceedings, file with it a signed authorisation for insertion on the files. 2. Any natural person who fulfils the following conditions may be entered on the list of professional representatives: (a) being a national of one of the Member States of the European Economic Area; (b) having his place of business or employment in the European Economic Area; (c) being entitled to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or before the central industrial property office of a Member State of the European Economic Area. Where, in the State concerned, the entitlement is not conditional upon the requirement of special professional qualifications, persons applying to be entered on the list who act in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices shall have habitually so acted for at least five years. However, persons whose professional qualification to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession. 3. Entry shall be effected upon request, accompanied by a certificate furnished by the central industrial property office of the Member State concerned, indicating that the conditions laid down in paragraph 2 are fulfilled. 4. The Executive Director may grant an exemption from: (a) the requirement in the second sentence of paragraph 2(c), if the applicant furnishes proof that he has acquired the requisite qualification in another way; (b) the requirement set out in paragraph 2(a) in the case of highly qualified professionals, provided that the requirements set out in paragraph 2(b) and (c) are fulfilled. 5. A person may be removed from the list of professional representatives at his request or when no longer in a capacity to represent. The amendments of the list of professional representatives shall be published in the Official Journal of the Office.

     Text digest 21eb57ed95f24080e39e381f380ea7d2a789f0821c92829c96d27cd2523c8bd7, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/120

121. 121 Article 121

     Article 121 Delegation of powers The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying: (a) the conditions and the procedure for the appointment of a common representative as referred to in Article 119(4); (b) the conditions under which employees referred to in Article 119(3) and professional representatives referred to in Article 120(1) shall file with the Office a signed authorisation in order to undertake representation, and the content of that authorisation; (c) the circumstances in which a person may be removed from the list of professional representatives referred to in Article 120(5).

     Text digest 0400e1270e8a2244d938d5f14ff6864147d9f26604dc373efed283189bced868, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/121

122. 122 Article 122

     Article 122 Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 1. Unless otherwise specified in this Regulation, the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters shall apply to proceedings relating to EU trade marks and applications for EU trade marks, as well as to proceedings relating to simultaneous and successive actions on the basis of EU trade marks and national trade marks. 2. In the case of proceedings in respect of the actions and claims referred to in Article 124: (a) Articles 4 and 6, points 1, 2, 3 and 5 of Article 7 and Article 35 of Regulation (EU) No 1215/2012 shall not apply; (b) Articles 25 and 26 of Regulation (EU) No 1215/2012 shall apply subject to the limitations in Article 125(4) of this Regulation; (c) the provisions of Chapter II of Regulation (EU) No 1215/2012 which are applicable to persons domiciled in a Member State shall also be applicable to persons who do not have a domicile in any Member State but have an establishment therein. 3. References in this Regulation to Regulation (EU) No 1215/2012 shall include, where appropriate, the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters done on 19 October 2005.

     Text digest 0e99d726d3a9a73b7b75382b51355aaf946ef4b22181dc8a93af00ad39fcbbd4, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/122

123. 123 Article 123

     Article 123 EU trade mark courts 1. The Member States shall designate in their territories as limited a number as possible of national courts and tribunals of first and second instance, which shall perform the functions assigned to them by this Regulation. 2. Any change made in the number, names or territorial jurisdiction of the courts included in the list of EU trade mark courts communicated by a Member State to the Commission in accordance with Article 95(2) of Regulation (EC) No 207/2009 shall be notified without delay by the Member State concerned to the Commission. 3. The information referred to in paragraph 2 shall be notified by the Commission to the Member States and published in the Official Journal of the European Union.

     Text digest f8f758aa1c28d70f1248b65402f9f91e35ef8f7c0102bfcedca27076aa5d6d51, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/123

124. 124 Article 124

     Article 124 Jurisdiction over infringement and validity The EU trade mark courts shall have exclusive jurisdiction: (a) for all infringement actions and — if they are permitted under national law — actions in respect of threatened infringement relating to EU trade marks; (b) for actions for declaration of non-infringement, if they are permitted under national law; (c) for all actions brought as a result of acts referred to in Article 11(2); (d) for counterclaims for revocation or for a declaration of invalidity of the EU trade mark pursuant to Article 128.

     Text digest c97f0a3338be07e6bbce7e1cb12c599cda775e1bfb2a944ce4a491a1b047ab97, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/124

125. 125 Article 125

     Article 125 International jurisdiction 1. Subject to the provisions of this Regulation as well as to any provisions of Regulation (EU) No 1215/2012 applicable by virtue of Article 122, proceedings in respect of the actions and claims referred to in Article 124 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. 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. 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. 4. Notwithstanding the provisions of paragraphs 1, 2 and 3: (a) Article 25 of Regulation (EU) No 1215/2012 shall apply if the parties agree that a different EU trade mark court shall have jurisdiction; (b) Article 26 of Regulation (EU) No 1215/2012 shall apply if the defendant enters an appearance before a different EU trade mark court. 5. Proceedings in respect of the actions and claims referred to in Article 124, with the exception of actions for a declaration of non-infringement of an EU 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 referred to in Article 11(2) has been committed.

     Text digest 21a9722026f0b6deff5bc314e137f7d3daa1d6a05828824cdedc090c02870887, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/125

126. 126 Article 126

     Article 126 Extent of jurisdiction 1. An EU trade mark court whose jurisdiction is based on Article 125(1) to (4) shall have jurisdiction in respect of: (a) acts of infringement committed or threatened within the territory of any of the Member States; (b) acts referred to in Article 11(2) committed within the territory of any of the Member States. 2. An EU trade mark court whose jurisdiction is based on Article 125(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.

     Text digest 75af330cc378abb5fe3da07496400abaa16c212fe66fa51246c6c3d3dcfda19c, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/126

127. 127 Article 127

     Article 127 Presumption of validity — Defence as to the merits 1. The EU trade mark courts shall treat the EU trade mark as valid unless its validity is put in issue by the defendant with a counterclaim for revocation or for a declaration of invalidity. 2. The validity of an EU trade mark may not be put in issue in an action for a declaration of non-infringement. 3. In the actions referred to in points (a) and (c) of Article 124, a plea relating to revocation of the EU trade mark submitted otherwise than by way of a counterclaim shall be admissible where the defendant claims that the EU trade mark could be revoked for lack of genuine use at the time the infringement action was brought.

     Text digest 38752f8d16507844c88e265564838f69a8d81d768f36761c1caf7354bdec2301, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/127

128. 128 Article 128

     Article 128 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. An EU 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 EU trade mark court with which a counterclaim for revocation or for a declaration of invalidity of the EU trade mark has been filed shall not proceed with the examination of the counterclaim, until either the interested party or the court has informed the Office of the date on which the counterclaim was filed. The Office shall record that information in the Register. If an application for revocation or for a declaration of invalidity of the EU trade mark had already been filed before the Office before the counterclaim was filed, the court shall be informed thereof by the Office and stay the proceedings in accordance with Article 132(1) until the decision on the application is final or the application is withdrawn. 5. Article 64(2) to (5) shall apply. 6. Where an EU trade mark court has given a judgment which has become final on a counterclaim for revocation or for a declaration of invalidity of an EU trade mark, a copy of the judgment shall be sent to the Office without delay, either by the court or by any of the parties to the national proceedings. The Office or any other interested party may request information about such transmission. The Office shall mention the judgment in the Register and shall take the necessary measures to comply with its operative part. 7. The EU 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 EU 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 132(3) shall apply.

     Text digest 3360a138e3128f528c46aef571018a883fcf610c2904953a368f39d8987cd171, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/128

129. 129 Article 129

     Article 129 Applicable law 1. The EU trade mark courts shall apply the provisions of this Regulation. 2. On all trade mark matters not covered by this Regulation, the relevant EU trade mark court shall apply the applicable national law. 3. Unless otherwise provided for in this Regulation, an EU 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.

     Text digest a08509e0e29444a359018a796695ee92ee7892560bd3c182a7d457a8afe8aaac, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/129

130. 130 Article 130

     Article 130 Sanctions 1. Where an EU trade mark court finds that the defendant has infringed or threatened to infringe an EU trade mark, it shall, unless there are special reasons for not doing so, issue an order prohibiting the defendant from proceeding with the acts which infringed or would infringe the EU 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. The EU trade mark court may also apply measures or orders available under the applicable law which it deems appropriate in the circumstances of the case.

     Text digest 651e9244a3ecbc1f4e72eea31724b1fd8cd6921473cf7db59d8a6e5b497acf90, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/130

131. 131 Article 131

     Article 131 Provisional and protective measures 1. Application may be made to the courts of a Member State, including EU trade mark courts, for such provisional, including protective, measures in respect of an EU trade mark or EU 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, an EU trade mark court of another Member State has jurisdiction as to the substance of the matter. 2. An EU trade mark court whose jurisdiction is based on Article 125(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 Chapter III of Regulation (EU) No 1215/2012, are applicable in the territory of any Member State. No other court shall have such jurisdiction.

     Text digest 303ba14fa2e72536c8d9c50c6f6243a4f43f4e035b90d3c4a9a29f5ca28780c0, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/131

132. 132 Article 132

     Article 132 Specific rules on related actions 1. An EU trade mark court hearing an action referred to in Article 124 other than an action for a declaration of non-infringement 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 EU trade mark is already in issue before another EU 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 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 EU trade mark is already in issue on account of a counterclaim before an EU trade mark court. However, if one of the parties to the proceedings before the EU 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 EU trade mark court stays the proceedings it may order provisional and protective measures for the duration of the stay.

     Text digest b1f5b37396e2b653e1af5982088a35b56f58ee47359f07b7cec08087df4f1f66, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/132

133. 133 Article 133

     Article 133 Jurisdiction of EU trade mark courts of second instance — Further appeal 1. An appeal to the EU trade mark courts of second instance shall lie from judgments of the EU trade mark courts of first instance in respect of proceedings arising from the actions and claims referred to in Article 124. 2. The conditions under which an appeal may be lodged with an EU 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 EU trade mark courts of second instance.

     Text digest 382bbe3e2e7d8e9be5a06f52bfae9cfc7deca1a345042d58d15e2b6d8f6a1d70, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/133

134. 134 Article 134

     Article 134 Supplementary provisions on the jurisdiction of national courts other than EU trade mark courts 1. Within the Member State whose courts have jurisdiction under Article 122(1) those courts shall have jurisdiction for actions other than those referred to in Article 124, 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 an EU trade mark, other than those referred to in Article 124, for which no court has jurisdiction under Article 122(1) and paragraph 1 of this Article may be heard before the courts of the Member State in which the Office has its seat.

     Text digest 3cdb7e9f999519f195e63f88b4f35bb9605319833613c5da6f3fc0f968699466, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/134

135. 135 Article 135

     Article 135 Obligation of the national court A national court which is dealing with an action relating to an EU trade mark, other than the action referred to in Article 124, shall treat the EU trade mark as valid.

     Text digest cb311c821e5d8dd6b6ded2384aa01d894960f9e546f9c8fa7f1b5bd4837725fd, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/135

136. 136 Article 136

     Article 136 Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks 1. Where actions for infringement involving the same cause of action and between the same parties are brought in the courts of different Member States, one seised on the basis of an EU trade mark and the other seised on the basis of a national trade mark: (a) the court other than the court first seised shall of its own motion decline jurisdiction in favour of that court where the trade marks concerned are identical and valid for identical goods or services. The court which would be required to decline jurisdiction may stay its proceedings if the jurisdiction of the other court is contested; (b) the court other than the court first seised may stay its proceedings where the trade marks concerned are identical and valid for similar goods or services and where the trade marks concerned are similar and valid for identical or similar goods or services. 2. The court hearing an action for infringement on the basis of an EU 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 EU trade mark valid for identical goods or services. 4. Paragraphs 1, 2 and 3 shall not apply in respect of provisional, including protective, measures.

     Text digest 7a57995ccfd2bf65ec4ffe4597a3a979b53bdd84f0436d4b4633208e991fb6e3, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/136

137. 137 Article 137

     Article 137 Prohibition of use of EU trade marks 1. This Regulation shall, unless otherwise provided for, not affect the right existing under the laws of the Member States to invoke claims for infringement of earlier rights within the meaning of Article 8 or Article 60(2) in relation to the use of a later EU 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 EU trade mark is invalid in accordance with Article 61(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 State or under provisions of Union law for the purpose of prohibiting the use of an EU 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 Union law.

     Text digest d06b49414a17a5d35eda831234956fdc58b722f473f19e00004c8043cfbb9692, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/137

138. 138 Article 138

     Article 138 Prior rights applicable to particular localities 1. The proprietor of an earlier right which only applies to a particular locality may oppose the use of the EU 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 EU trade mark in the territory where his right is protected for a period of five successive years, being aware of such use, unless the EU trade mark was applied for in bad faith. 3. The proprietor of the EU 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 EU trade mark.

     Text digest 6330491203d8f2c5993fd14ca365f89eee020974a9ad237ff0a022e6797f9536, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/138

139. 139 Article 139

     Article 139 Request for the application of national procedure 1. The applicant for or proprietor of an EU trade mark may request the conversion of his EU trade mark application or EU trade mark into a national trade mark application: (a) to the extent that the EU trade mark application is refused, withdrawn, or deemed to be withdrawn; (b) to the extent that the EU trade mark ceases to have effect. 2. Conversion shall not take place: (a) where the rights of the proprietor of the EU trade mark have been revoked on the grounds of non-use, unless in the Member State for which conversion is requested the EU trade mark has been put to use which would be considered to be genuine use under the laws of that Member State; (b) for the purpose of protection in a Member State in which, in accordance with the decision of the Office or of the national court, grounds for refusal of registration or grounds for revocation or invalidity apply to the EU trade mark application or EU trade mark. 3. The national trade mark application resulting from the conversion of an EU trade mark application or an EU 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 39 or 40. 4. In cases where an EU 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. 5. Where the EU trade mark application is withdrawn or the EU 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 of the date on which the EU trade mark application has been withdrawn or on which the EU trade mark ceases to have effect. 6. Where the EU trade mark application is refused by decision of the Office or where the EU trade mark ceases to have effect as a result of a decision of the Office or of an EU trade mark court, the request for conversion shall be filed within three months of the date on which that decision acquired the authority of a final decision. 7. The effect referred to in Article 37 shall lapse if the request is not filed in due time.

     Text digest 5413d4c1c6d05f6c90bb3e1b17c1ccf9544e52f62e742fd2b4b65261e48f8d54, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/139

140. 140 Article 140

     Article 140 Submission, publication and transmission of the request for conversion 1. A request for conversion shall be filed with the Office within the relevant period pursuant to Article 139(4), (5) or (6), and shall include an indication of the grounds for conversion in accordance with Article 139(1)(a) or (b), the Member States in respect of which conversion is requested, and the goods and services subject to conversion. Where conversion is requested following a failure to renew the registration, the period of three months provided for in Article 139(5) shall begin to run on the day following the last day on which the request for renewal can be presented pursuant to Article 53(3). The request for conversion shall not be deemed to be filed until the conversion fee has been paid. 2. Where the request for conversion relates to an EU trade mark application which has already been published or where the request for conversion relates to an EU trade mark, receipt of any such request shall be recorded in the Register 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 139(1), (2), (4), (5) and (6), and paragraph 1 of this Article, together with the formal conditions specified in the implementing act adopted pursuant to paragraph 6 of this Article. If the conditions governing the request are not fulfilled, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied within a period to be specified by the Office, the Office shall reject the request for conversion. Where Article 139(2) applies, the Office shall reject the request for conversion as inadmissible only with respect to those Member States for which conversion is excluded under that provision. Where the conversion fee has not been paid within the relevant period of three months pursuant to Article 139(4), (5) or (6), the Office shall inform the applicant that the request for conversion is deemed not to have been filed. 4. If the Office or an EU trade mark court has refused the EU trade mark application or has declared the EU trade mark invalid on absolute grounds by reference to the language of a Member State, conversion shall be excluded under Article 139(2) for all the Member States in which that language is one of the official languages. If the Office or an EU trade mark court has refused the EU trade mark application or has declared the EU trade mark invalid on absolute grounds which are found to apply throughout the Union or on account of an earlier EU trade mark or other Union industrial property right, conversion shall be excluded under Article 139(2) for all Member States. 5. Where the request for conversion complies with the requirements referred to in paragraph 3 of this Article, the Office shall transmit the request for conversion and the data referred to in Article 111(2) to the central industrial property offices of the Member States, including the Benelux Office for Intellectual Property, for which the request has been found admissible. The Office shall inform the applicant of the date of transmission. 6. The Commission shall adopt implementing acts specifying: (a) the details to be contained in a request for conversion of an EU trade mark application or a registered EU trade mark into a national trade mark application pursuant to paragraph 1; (b) the details which are to be contained in the publication of the request for conversion pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).

     Text digest 7d96bfc13ca1b91a1f8709a60253e3a08368dbe623059bc7c58d87d791b487d7, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/140

141. 141 Article 141

     Article 141 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. An EU trade mark application or an EU trade mark transmitted in accordance with Article 140 shall not be subject to formal requirements of national law which are different from or additional to those provided for in this Regulation or in acts adopted pursuant to this 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) 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.

     Text digest 89938a24f3222abfe15fc4a7a69f769919590998083c3d877c0926c674c9db86, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/141

142. 142 Article 142

     Article 142 Legal status 1. The Office shall be an agency of the Union. It shall have legal personality. 2. In each of the Member States the Office shall enjoy the most 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 Office shall be represented by its Executive Director.

     Text digest 17e0f86bca118573727014927e3b56c221eedcec124218e592ca4cb768afa55d, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/142

143. 143 Article 143

     Article 143 Staff 1. The Staff Regulations, the Conditions of Employment and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and Conditions of Employment shall apply to the staff of the Office, without prejudice to the application of Article 166 of this Regulation to the members of the Boards of Appeal. 2. Without prejudice to paragraph 1, the Office may make use of seconded national experts or other staff not employed by the Office. The Management Board shall adopt a decision laying down rules on the secondment to the Office of national experts.

     Text digest 7dbb62a4ce3a8a1e926bb114a31be83cf24582b0e9c116ec3f17445582a9bd01, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/143

144. 144 Article 144

     Article 144 Privileges and immunities The Protocol on the Privileges and Immunities of the Union shall apply to the Office and its staff.

     Text digest 2f751d1ff554904450b577114295249b2af5361bafea3349e631b8f277f2b533, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/144

145. 145 Article 145

     Article 145 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 the Staff Regulations or in the Conditions of Employment applicable to them.

     Text digest 8503051c1ff182d95b6f37a1b40b1688a54d6f69d9b545c212c169c944719127, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/145

146. 146 Article 146

     Article 146 Languages 1. The application for an EU trade mark shall be filed in one of the official languages of the Union. 2. The languages of the Office shall be English, French, German, Italian and Spanish. 3. The applicant shall 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. 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 31(1), translated into the language indicated by the applicant. 4. Where the applicant for an EU trade mark is the sole party to proceedings before the Office, the language of proceedings shall be the language used for filing the application for an EU 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 a declaration of invalidity shall be filed in one of the languages of the Office. 6. Without prejudice to paragraph 5: (a) any application or declaration relating to an EU trade mark application may be filed in the language used for filing the application for that EU trade mark or in the second language indicated by the applicant in his application; (b) any application or declaration relating to a registered EU trade mark may be filed in one of the languages of the Office. However, when the application is filed by using any form provided by the Office as referred to in Article 100(2), such forms may be used in any of the official languages of the Union, provided that the form is completed in one of the languages of the Office, as far as textual elements are concerned. 7. 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 one month of the expiry of the opposition period or of the date of filing an application for revocation or a declaration of invalidity. The language into which the application has been translated shall then become the language of the proceedings. 8. Parties to opposition, revocation, invalidity or appeal proceedings may agree that a different official language of the Union is to be the language of the proceedings. 9. Without prejudice to paragraphs 4 and 8, and unless provided otherwise, in written proceedings before the Office any party may use any language of the Office. If the language chosen is not the language of the proceedings, the party shall supply a translation into that language within one month of the date of the submission of the original document. Where the applicant for an EU trade mark is the sole party to proceedings before the Office and the language used for the filing of the application for the EU trade mark is not one of the languages of the Office, the translation may also be filed in the second language indicated by the applicant in his application. 10. The Executive Director shall determine the manner in which translations are to be certified. 11. The Commission shall adopt implementing acts specifying: (a) the extent to which supporting documents to be used in written proceedings before the Office may be filed in any language of the Union, and the need to supply a translation; (b) the requisite standards of translations to be filed with the Office. Those implementing acts shall be adopted in accordance with the examination procedure referred to Article 207(2).

     Text digest cd64aebc88244a778e453d09852c3b3cf8743e1eee77545872d4afe9c5bce367, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/146

147. 147 Article 147

     Article 147 Publication and entries in the Register 1. An application for an EU trade mark, as described in Article 31(1), and all other information the publication of which is prescribed by this Regulation or an act adopted pursuant to this Regulation, shall be published in all the official languages of the Union. 2. All entries in the Register shall be made in all the official languages of the Union. 3. In cases of doubt, the text in the language of the Office in which the application for the EU trade mark was filed shall be authentic. If the application was filed in an official language of the Union other than one of the languages of the Office, the text in the second language indicated by the applicant shall be authentic.

     Text digest ea9d814a09fb100f9b4d3f0b3f4497c72d2ef2c91ba6afa7f484491294f7f599, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/147

148. 148 Article 148

     Article 148 Translation services The translation services required for the functioning of the Office shall be provided by the Translation Centre for the Bodies of the European Union.

     Text digest 2a87e9edf3de1c0d1c3ed6ee52281a2cee34f2b8336fe45c02445fc6ba9a5cb4, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/148

149. 149 Article 149

     Article 149 Transparency 1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council shall apply to documents held by the Office. 2. The Management Board shall adopt detailed rules for applying Regulation (EC) No 1049/2001. 3. Decisions taken by the Office under Article 8 of Regulation (EC) No 1049/2001 may be challenged through the European Ombudsman or form the subject of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 TFEU respectively. 4. The processing of personal data by the Office shall be subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council.

     Text digest f021ffbb4145636fec4fa480a97a2155f53f0ed5fd83d7698a9d91190056009a, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/149

150. 150 Article 150

     Article 150 Security rules on the protection of classified and sensitive non-classified information The Office shall apply the security principles contained in the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in Commission Decisions (EU, Euratom) 2015/443 and 2015/444. The security principles shall cover, inter alia, provisions for the exchange, processing and storage of such information.

     Text digest a96023472b355349f5e5e18da062a1bcea5203d97db14c904ff34ec19919705f, body digest 2df4348db161dd38fb57d827086adaa7df23dc3c02fdc15b5df74f295a8988d4, official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02, /eu-eurlex/32017R1001/2017-06-14--a481cc4fbf614dc23da2099922573c12f6dec7111b78509ab1d35b4c81003704/eng/150

3 annexes of the English wording are not served as text, and are never searched, quoted or exported: the act's articles are read from the publisher's Formex package, but its annexes could not be matched to the publisher's PDF, so they were not classified and their text is not served. Official source https://publications.europa.eu/resource/cellar/2d2217a2-525b-11e7-a5ca-01aa75ed71a1.0006.02.