What changed, Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (…

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− ## TITLE I / GENERAL PROVISIONS
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− ### Article 1 — EU trade mark
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− 1. A trade mark for goods or services which is registered in accordance with the conditions contained in this Regulation and in the manner herein provided is hereinafter referred to as a ►M1 ‘European Union trade mark (“EU trade mark”)’** ◄ **.
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− 2. An►M1 EU trade mark** ◄ ** shall have a unitary character. It shall have equal effect throughout the ►M1 Union** ◄ **: it shall not be registered, transferred or surrendered or be the subject of a decision revoking the rights of the proprietor or declaring it invalid, nor shall its use be prohibi…
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− ### Article 2 — Office
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− 1. A European Union Intellectual Property Office (‘the Office’) is hereby established.
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− 2. All references in Union law to the Office for Harmonization in the Internal Market (trade marks and designs) shall be read as references to the Office.
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− ### Article 3 — Capacity to act
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− For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the terms of the law governing them, they have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other leg…
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− ## SECTION 1 / Definition of an►M1 EU trade mark** ◄ ** and obtaining an►M1 EU trade mark** ◄ **
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− ### Article 4 — Signs of which an►M1 EU trade mark** ◄ ** may consist
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− An►M1 EU trade mark** ◄ ** may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undert…
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− ### Article 5 — Persons who can be proprietors of ►M1 EU trade marks** ◄ **
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− Any natural or legal person, including authorities established under public law, may be the proprietor of an►M1 EU trade mark** ◄ **.
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− ### Article 6 — Means whereby an►M1 EU trade mark** ◄ ** is obtained
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− An►M1 EU trade mark** ◄ ** shall be obtained by registration.
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− ### Article 7 — Absolute grounds for refusal
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− 1. The following shall not be registered:
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− (a) signs which do not conform to the requirements of Article 4;
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− (b) trade marks which are devoid of any distinctive character;
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− (c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service;
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− (d) trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;
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− (e) signs which consist exclusively of:
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− (i) the shape, or another characteristic, which results from the nature of the goods themselves;
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− (ii) the shape, or another characteristic, of goods which is necessary to obtain a technical result;
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− (iii) the shape, or another characteristic, which gives substantial value to the goods;
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− (f) trade marks which are contrary to public policy or to accepted principles of morality;
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− (g) trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;
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− (h) trade marks which have not been authorised by the competent authorities and are to be refused pursuant to Article 6*ter* of the Paris Convention for the Protection of Industrial Property, hereinafter referred to as the ‘Paris Convention’;
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− (i) trade marks which include badges, emblems or escutcheons other than those covered by Article 6*ter* of the Paris Convention and which are of particular public interest, unless the consent of the competent authority to their registration has been given;
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− (j) trade marks which are excluded from registration, pursuant to Union legislation or national law or to international agreements to which the Union or the Member State concerned is party, providing for protection of designations of origin and geographical indications;
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− (k) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional terms for wine;
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− (l) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional specialities guaranteed;
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− (m) trade marks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or national law, or international agreements to which the Union or the Member State concerned is a party, providing for protection of plan…
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− 2. Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the ►M1 Union** ◄ **.
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− 3. Paragraph 1(b), (c) and (d) shall not apply if the trade mark has become distinctive in relation to the goods or services for which registration is requested in consequence of the use which has been made of it.
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− ### Article 8 — Relative grounds for refusal
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− 1. Upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered:
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− (a) if it is identical with the earlier trade mark and the goods or services for which registration is applied for are identical with the goods or services for which the earlier trade mark is protected;
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− (b) if because of its identity with, or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected; the likelih…
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− 2. For the purposes of paragraph 1, ‘earlier trade marks’ means:
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− (a) trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the ►M1 EU trade mark** ◄ **, taking account, where appropriate, of the priorities claimed in respect of those trade marks:
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− (i) ►M1 EU trade marks** ◄ **;
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− (ii) trade marks registered in a Member State, or, in the case of Belgium, the Netherlands or Luxembourg, at the Benelux Office for Intellectual Property;
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− (iii) trade marks registered under international arrangements which have effect in a Member State;
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− (iv) trade marks registered under international arrangements which have effect in the ►M1 Union** ◄ **;
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− (b) applications for the trade marks referred to in subparagraph (a), subject to their registration;
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− (c) trade marks which, on the date of application for registration of the ►M1 EU trade mark** ◄ **, or, where appropriate, of the priority claimed in respect of the application for registration of the ►M1 EU trade mark** ◄ **, are well known in a Member State, in the sense in which the words ‘well k…
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− 3. Upon opposition by the proprietor of the trade mark, a trade mark shall not be registered where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor's consent, unless the agent or representative justifies his action…
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− 4. Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the course of trade of more than mere local significance, the trade mark applied for shall not be registered where and to the extent that, pursuant to the ►M1 Union** ◄ ** legislation or the law of the Mem…
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− (a) rights to that sign were acquired prior to the date of application for registration of the ►M1 EU trade mark** ◄ **, or the date of the priority claimed for the application for registration of the ►M1 EU trade mark** ◄ **;
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− (b) that sign confers on its proprietor the right to prohibit the use of a subsequent trade mark.
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− 4a. Upon opposition by any person authorised under the relevant law to exercise the rights arising from a designation of origin or a geographical indication, the trade mark applied for shall not be registered where and to the extent that, pursuant to the Union legislation or national law providing f…
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− (i) an application for a designation of origin or a geographical indication had already been submitted, in accordance with Union legislation or national law, prior to the date of application for registration of the EU trade mark or the date of the priority claimed for the application, subject to its…
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− (ii) that designation of origin or geographical indication confers the right to prohibit the use of a subsequent trade mark.
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− 5. Upon opposition by the proprietor of a registered earlier trade mark within the meaning of paragraph 2, the trade mark applied for shall not be registered where it is identical with, or similar to, an earlier trade mark, irrespective of whether the goods or services for which it is applied are id…
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− ## SECTION 2 / Effects of ►M1 EU trade marks** ◄ **
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− ### Article 9 — Rights conferred by an EU trade mark
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− 1. The registration of an EU trade mark shall confer on the proprietor exclusive rights therein.
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− 2. Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the EU trade mark, the proprietor of that EU trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade, in relation to goods or services,…
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− (a) the sign is identical with the EU trade mark and is used in relation to goods or services which are identical with those for which the EU trade mark is registered;
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− (b) the sign is identical with, or similar to, the EU trade mark and is used in relation to goods or services which are identical with, or similar to, the goods or services for which the EU trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood …
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− (c) the sign is identical with, or similar to, the EU trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar to or not similar to those for which the EU trade mark is registered, where the latter has a reputation in the Union and where use of…
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− 3. The following, in particular, may be prohibited under paragraph 2:
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− (a) affixing the sign to the goods or to the packaging thereof;
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− (b) offering the goods, putting them on the market, or stocking them for those purposes under the sign, or offering or supplying services thereunder;
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− (c) importing or exporting the goods under the sign;
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− (d) using the sign as a trade or company name or part of a trade or company name;
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− (e) using the sign on business papers and in advertising;
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− (f) using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC of the European Parliament and of the Council (1).
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− 4. Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the EU trade mark, the proprietor of that EU trade mark shall also be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for…
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− The entitlement of the proprietor of an EU trade mark pursuant to the first subparagraph shall lapse if, during the proceedings to determine whether the EU trade mark has been infringed, initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council (2) concer…
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− ### Article 9a — Right to prohibit preparatory acts in relation to the use of packaging or other means
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− Where the risk exists that the packaging, labels, tags, security or authenticity features or devices or any other means to which the mark is affixed could be used in relation to goods or services and such use would constitute an infringement of the rights of the proprietor of an EU trade mark under …
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− (a) affixing a sign identical with, or similar to, the EU trade mark on packaging, labels, tags, security or authenticity features or devices or any other means to which the mark may be affixed;
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− (b) offering or placing on the market, or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity features or devices or any other means to which the mark is affixed.
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− ### Article 9b — Date from which rights against third parties prevail
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− 1. The rights conferred by an EU trade mark shall prevail against third parties from the date of publication of the registration of the trade mark.
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− 2. Reasonable compensation may be claimed in respect of acts occurring after the date of publication of an EU trade mark application, where those acts would, after publication of the registration of the trade mark, be prohibited by virtue of that publication.
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− 3. A court seized of a case shall not decide upon the merits of that case until the registration has been published.
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− ### Article 10 — Reproduction of ►M1 EU trade marks** ◄ ** in dictionaries
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− If the reproduction of an►M1 EU trade mark** ◄ ** in a dictionary, encyclopaedia or similar reference work gives the impression that it constitutes the generic name of the goods or services for which the trade mark is registered, the publisher of the work shall, at the request of the proprietor of t…
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− ### Article 11 — Prohibition on the use of an►M1 EU trade mark** ◄ ** registered in the name of an agent or representative
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− Where an►M1 EU trade mark** ◄ ** is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's authorisation, the latter shall be entitled to oppose the use of his mark by his agent or representative if he has not authorised s…
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− ### Article 12 — Limitation of the effects of an EU trade mark
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− 1. An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:
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− (a) the name or address of the third party, where that third party is a natural person;
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− (b) signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of the goods or services;
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− (c) the EU trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of that trade mark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts.
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− 2. Paragraph 1 shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters.
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− ### Article 13 — Exhaustion of the rights conferred by an►M1 EU trade mark** ◄ **
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− 1. An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.
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− 2. Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
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− ### Article 13a — Intervening right of the proprietor of a later registered trade mark as a defence in infringement proceedings
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− 1. In infringement proceedings, the proprietor of an EU trade mark shall not be entitled to prohibit the use of a later registered EU trade mark where that later trade mark would not be declared invalid pursuant to Article 53(1), (3) or (4), 54(1) or (2), or 57(2) of this Regulation.
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− 2. In infringement proceedings, the proprietor of an EU trade mark shall not be entitled to prohibit the use of a later registered national trade mark where that later registered national trade mark would not be declared invalid pursuant to Article 8, or Article 9(1) or (2), or 46(3) of Directive (E…
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− 3. Where the proprietor of an EU trade mark is not entitled to prohibit the use of a later registered trade mark pursuant to paragraph 1 or 2, the proprietor of that later registered trade mark shall not be entitled to prohibit the use of that earlier EU trade mark in infringement proceedings.
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− ### Article 14 — Complementary application of national law relating to infringement
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− 1. The effects of ►M1 EU trade marks** ◄ ** shall be governed solely by the provisions of this Regulation. In other respects, infringement of an►M1 EU trade mark** ◄ ** shall be governed by the national law relating to infringement of a national trade mark in accordance with the provisions of Title …
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− 2. This Regulation shall not prevent actions concerning an►M1 EU trade mark** ◄ ** being brought under the law of Member States relating in particular to civil liability and unfair competition.
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− 3. The rules of procedure to be applied shall be determined in accordance with the provisions of Title X.
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− ## SECTION 3 / Use of ►M1 EU trade marks** ◄ **
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− ### Article 15 — Use of ►M1 EU trade marks** ◄ **
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− 1. If, within a period of five years following registration, the proprietor has not put the ►M1 EU trade mark** ◄ ** to genuine use in the ►M1 Union** ◄ ** in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period …
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− The following shall also constitute use within the meaning of the first subparagraph:
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− (a) use of the EU trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor;
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− (b) affixing of the EU trade mark to goods or to the packaging thereof in the Union solely for export purposes.
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− 2. Use of the ►M1 EU trade mark** ◄ ** with the consent of the proprietor shall be deemed to constitute use by the proprietor.
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− ## SECTION 4 / ►M1 EU trade marks** ◄ ** as objects of property
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− ### Article 16 — Dealing with ►M1 EU trade marks** ◄ ** as national trade marks
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− 1. Unless Articles 17 to 24 provide otherwise, an EU trade mark as an object of property shall be dealt with in its entirety, and for the whole area of the Union, as a national trade mark registered in the Member State in which, according to the Register:
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− (a) the proprietor has his seat or his domicile on the relevant date;
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− (b) where point (a) does not apply, the proprietor has an establishment on the relevant date.
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− 2. In cases which are not provided for by paragraph 1, the Member State referred to in that paragraph shall be the Member State in which the seat of the Office is situated.
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− 3. If two or more persons are mentioned in the Register of ►M1 EU trade marks** ◄ ** as joint proprietors, paragraph 1 shall apply to the joint proprietor first mentioned; failing this, it shall apply to the subsequent joint proprietors in the order in which they are mentioned. Where paragraph 1 doe…
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− ### Article 17 — Transfer
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− 1. An►M1 EU trade mark** ◄ ** may be transferred, separately from any transfer of the undertaking, in respect of some or all of the goods or services for which it is registered.
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− 2. A transfer of the whole of the undertaking shall include the transfer of the ►M1 EU trade mark** ◄ ** except where, in accordance with the law governing the transfer, there is agreement to the contrary or circumstances clearly dictate otherwise. This provision shall apply to the contractual oblig…
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− 3. Without prejudice to paragraph 2, an assignment of the ►M1 EU trade mark** ◄ ** shall be made in writing and shall require the signature of the parties to the contract, except when it is a result of a judgment; otherwise it shall be void.
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− 4. Where it is clear from the transfer documents that because of the transfer the ►M1 EU trade mark** ◄ ** is likely to mislead the public concerning the nature, quality or geographical origin of the goods or services in respect of which it is registered, the Office shall not register the transfer u…
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− 5. On request of one of the parties a transfer shall be entered in the Register and published.
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− 5b. The Commission shall adopt implementing acts specifying:
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− (a) the details to be contained in the application for registration of a transfer;
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− (b) the kind of documentation required to establish a transfer, taking account of the agreements given by the registered proprietor and the successor in title;
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− (c) the details of how to process applications for partial transfers, ensuring that the goods and services in the remaining registration and the new registration do not overlap and that a separate file, including a new registration number, is established for the new registration.
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− Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 163(2).
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− 6. As long as the transfer has not been entered in the Register, the successor in title may not invoke the rights arising from the registration of the ►M1 EU trade mark** ◄ **.
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− 7. Where there are time limits to be observed vis-à-vis the Office, the successor in title may make the corresponding statements to the Office once the request for registration of the transfer has been received by the Office.
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− 8. All documents which require notification to the proprietor of the ►M1 EU trade mark** ◄ ** in accordance with Article 79 shall be addressed to the person registered as proprietor.
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− ### Article 18 — Transfer of a trade mark registered in the name of an agent
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− Where an►M1 EU trade mark** ◄ ** is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's authorisation, the latter shall be entitled to demand the assignment in his favour of the said registration, unless such agent or r…
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− ### Article 19 — Rights *in rem*
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− 1. An►M1 EU trade mark** ◄ ** may, independently of the undertaking, be given as security or be the subject of rights *in rem*.
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− 2. On request of one of the parties, rights mentioned in paragraph 1 shall be entered in the Register and published.
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− ### Article 20 — Levy of execution
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− 1. An►M1 EU trade mark** ◄ ** may be levied in execution.
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− 2. As regards the procedure for levy of execution in respect of an►M1 EU trade mark** ◄ **, the courts and authorities of the Member States determined in accordance with Article 16 shall have exclusive jurisdiction.
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− 3. On request of one the parties, levy of execution shall be entered in the Register and published.
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− ### Article 21 — Insolvency proceedings
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− 1. The only insolvency proceedings in which an►M1 EU trade mark** ◄ ** may be involved are those opened in the Member State in the territory of which the debtor has his centre of main interests.
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− However, where the debtor is an insurance undertaking or a credit institution as defined in Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings (4) and Directive 2001/24/EC of the European Parliament and o…
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− 2. In the case of joint proprietorship of an►M1 EU trade mark** ◄ **, paragraph 1 shall apply to the share of the joint proprietor.
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− 3. Where an►M1 EU trade mark** ◄ ** is involved in insolvency proceedings, on request of the competent national authority an entry to this effect shall be made in the Register and published in the ►M1 EU Trade Marks** ◄ ** Bulletin referred to in Article 89.
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− ### Article 22 — Licensing
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− 1. An►M1 EU trade mark** ◄ ** may be licensed for some or all of the goods or services for which it is registered and for the whole or part of the ►M1 Union** ◄ **. A licence may be exclusive or non-exclusive.
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− 2. The proprietor of an►M1 EU trade mark** ◄ ** may invoke the rights conferred by that trade mark against a licensee who contravenes any provision in his licensing contract with regard to:
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− (a) its duration;
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− (b) the form covered by the registration in which the trade mark may be used;
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− (c) the scope of the goods or services for which the licence is granted;
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− (d) the territory in which the trade mark may be affixed; or
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− (e) the quality of the goods manufactured or of the services provided by the licensee.
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− 3. Without prejudice to the provisions of the licensing contract, the licensee may bring proceedings for infringement of an►M1 EU trade mark** ◄ ** only if its proprietor consents thereto. However, the holder of an exclusive licence may bring such proceedings if the proprietor of the trade mark, aft…
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− 4. A licensee shall, for the purpose of obtaining compensation for damage suffered by him, be entitled to intervene in infringement proceedings brought by the proprietor of the ►M1 EU trade mark** ◄ **.
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− 5. On request of one of the parties the grant or transfer of a licence in respect of an►M1 EU trade mark** ◄ ** shall be entered in the Register and published.
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− ### Article 23 — Effects vis-à-vis third parties
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− 1. Legal acts referred to in Articles 17, 19 and 22 concerning an►M1 EU trade mark** ◄ ** shall have effects vis-à-vis third parties in all the Member States only after entry in the Register. Nevertheless, such an act, before it is so entered, shall have effect vis-à-vis third parties who have acqui…
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− 2. Paragraph 1 shall not apply in the case of a person who acquires the ►M1 EU trade mark** ◄ ** or a right concerning the ►M1 EU trade mark** ◄ ** by way of transfer of the whole of the undertaking or by any other universal succession.
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− 3. The effects vis-à-vis third parties of the legal acts referred to in Article 20 shall be governed by the law of the Member State determined in accordance with Article 16.
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− 4. Until such time as common rules for the Member States in the field of bankruptcy enter into force, the effects vis-à-vis third parties of bankruptcy or like proceedings shall be governed by the law of the Member State in which such proceedings are first brought within the meaning of national law …
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− ### Article 24 — The application for an►M1 EU trade mark** ◄ ** as an object of property
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− Articles 16 to 23 shall apply to applications for ►M1 EU trade marks** ◄ **.
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− ## SECTION 1 / Filing of applications and the conditions which govern them
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− ### Article 25 — Filing of applications
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− 1. An application for an EU trade mark shall be filed at the Office.
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− 2. The Office shall issue to the applicant, without delay, a receipt which shall include at least the file number, a representation, description or other identification of the mark, the nature and the number of the documents and the date of their receipt. That receipt may be issued by electronic mea…
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− ### Article 26 — Conditions with which applications must comply
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− 1. An application for an►M1 EU trade mark** ◄ ** shall contain:
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− (a) a request for the registration of an►M1 EU trade mark** ◄ **;
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− (b) information identifying the applicant;
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− (c) a list of the goods or services in respect of which the registration is requested;
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− (d) a representation of the trade mark.
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− 2. The application for an EU trade mark shall be subject to the payment of the application fee covering one class of goods or services and, where appropriate, of one or more class fees for each class of goods and services exceeding the first class and, where applicable, the search fee.
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− 3. An application for an►M1 EU trade mark** ◄ ** must comply with the conditions laid down in the Implementing Regulation referred to in Article 162(1), hereinafter referred to as the ‘Implementing Regulation’.
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− 4. The Commission shall adopt implementing acts specifying the details to be contained in the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 163(2).
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− ### Article 27 — Date of filing
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− The date of filing of an EU trade mark application shall be the date on which the documents containing the information specified in Article 26(1) are filed with the Office by the applicant, subject to payment of the application fee within one month of filing those documents.
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− ### Article 28 — Designation and classification of goods and services
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− 1. Goods and services in respect of which trade mark registration is applied for shall be classified in conformity with the system of classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15…
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− 2. The goods and services for which the protection of the trade mark is sought shall be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that sole basis, to determine the extent of the protection sought.
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− 3. For the purposes of paragraph 2, the general indications included in the class headings of the Nice Classification or other general terms may be used, provided that they comply with the requisite standards of clarity and precision set out in this Article.
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− 4. The Office shall reject an application in respect of indications or terms which are unclear or imprecise, where the applicant does not suggest an acceptable wording within a period set by the Office to that effect.
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− 5. The use of general terms, including the general indications of the class headings of the Nice Classification, shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term. The use of such terms or indications shall not be interpreted…
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− 6. Where the applicant requests registration for more than one class, the applicant shall group the goods and services according to the classes of the Nice Classification, each group being preceded by the number of the class to which that group of goods or services belongs, and shall present them in…
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− 7. Goods and services shall not be regarded as being similar to each other on the ground that they appear in the same class under the Nice Classification. Goods and services shall not be regarded as being dissimilar from each other on the ground that they appear in different classes under the Nice C…
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− 8. Proprietors of EU trade marks applied for before 22 June 2012 which are registered in respect of the entire heading of a Nice class may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the…
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− The declaration shall be filed at the Office by 24 September 2016, and shall indicate, in a clear, precise and specific manner, the goods and services, other than those clearly covered by the literal meaning of the indications of the class heading, originally covered by the proprietor's intention. T…
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− EU trade marks for which no declaration is filed within the period referred to in the second subparagraph shall be deemed to extend, as from the expiry of that period, only to goods or services clearly covered by the literal meaning of the indications included in the heading of the relevant class.
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− 9. Where the register is amended, the exclusive rights conferred by the EU trade mark under Article 9 shall not prevent a third party from continuing to use a trade mark in relation to goods or services where and to the extent that the use of the trade mark for those goods or services:
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− (a) commenced before the register was amended; and
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− (b) did not infringe the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.
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− In addition, the amendment of the list of goods or services recorded in the register shall not give the proprietor of the EU trade mark the right to oppose or to apply for a declaration of invalidity of a later trade mark where and to the extent that:
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− (a) the later trade mark was either in use, or an application had been made to register the trade mark, for goods or services before the register was amended; and
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− (b) the use of the trade mark in relation to those goods or services did not infringe, or would not have infringed, the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.
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− ## SECTION 2 / Priority
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− ### Article 29 — Right of priority
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− 1. A person who has duly filed an application for a trade mark in or in respect of any State party to the Paris Convention or to the Agreement establishing the World Trade Organisation, or his successors in title, shall enjoy, for the purpose of filing an►M1 EU trade mark** ◄ ** application for the …
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− 2. Every filing that is equivalent to a regular national filing under the national law of the State where it was made or under bilateral or multilateral agreements shall be recognised as giving rise to a right of priority.
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− 3. By a regular national filing is meant any filing that is sufficient to establish the date on which the application was filed, whatever may be the outcome of the application.
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− 4. A subsequent application for a trade mark which was the subject of a previous first application in respect of the same goods or services and which is filed in or in respect of the same State shall be considered as the first application for the purposes of determining priority, provided that, at t…
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− 5. If the first filing has been made in a State which is not a party to the Paris Convention or to the Agreement establishing the World Trade Organisation, paragraphs 1 to 4 shall apply only in so far as that State, according to published findings, grants, on the basis of the first filing made at th…
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− ### Article 30 — Claiming priority
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− 2. The Commission shall adopt implementing acts specifying the kind of documentation to be filed for claiming the priority of a previous application in accordance with paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Ar…
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− ### Article 31 — Effect of priority right
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− The right of priority shall have the effect that the date of priority shall count as the date of filing of the ►M1 EU trade mark** ◄ ** application for the purposes of establishing which rights take precedence.
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− ### Article 32 — Equivalence of ►M1 Union** ◄ ** filing with national filing
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− An►M1 EU trade mark** ◄ ** application which has been accorded a date of filing shall, in the Member States, be equivalent to a regular national filing, where appropriate with the priority claimed for the ►M1 EU trade mark** ◄ ** application.
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− ## SECTION 3 / Exhibition priority
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− ### Article 33 — Exhibition priority
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− 1. If an applicant for an►M1 EU trade mark** ◄ ** has displayed goods or services under the mark applied for, at an official or officially recognised international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on 22 November 1928 and last revised …
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− 2. An applicant who wishes to claim priority pursuant to paragraph 1 must file evidence of the display of goods or services under the mark applied for under the conditions laid down in the Implementing Regulation.
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− 3. An exhibition priority granted in a Member State or in a third country does not extend the period of priority laid down in Article 29.
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− 4. The Commission shall adopt implementing acts specifying the type and details of evidence to be filed for claiming an exhibition priority in accordance with paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 163…
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− ## SECTION 4 / Claiming the seniority of a national trade mark
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− ### Article 34 — Claiming the seniority of a national trade mark
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− 1. The proprietor of an earlier trade mark registered in a Member State, including a trade mark registered in the Benelux countries, or registered under international arrangements having effect in a Member State, who applies for an identical trade mark for registration as an►M1 EU trade mark** ◄ ** …
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− 2. Seniority shall have the sole effect under this Regulation that, where the proprietor of the ►M1 EU trade mark** ◄ ** surrenders the earlier trade mark or allows it to lapse, he shall be deemed to continue to have the same rights as he would have had if the earlier trade mark had continued to be …
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− 3. The seniority claimed for the EU trade mark shall lapse where the earlier trade mark the seniority of which is claimed is declared to be invalid or revoked. Where the earlier trade mark is revoked, the seniority shall lapse provided that the revocation takes effect prior to the filing date or pri…
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− 5. The Commission shall adopt implementing acts specifying the kind of documentation to be filed for claiming the seniority of a national trade mark or a trade mark registered under international agreements having effect in a Member State in accordance with paragraph 1a of this Article. Those implem…
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− ### Article 35 — Claiming seniority after registration of the ►M1 EU trade mark** ◄ **
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− 1. The proprietor of an►M1 EU trade mark** ◄ ** who is the proprietor of an earlier identical trade mark registered in a Member State, including a trade mark registered in the Benelux countries or of an earlier identical trade mark, with an international registration effective in a Member State, for…
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− 2. Article 34(2) and (3) shall apply.
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− ## SECTION 1 / Examination of applications
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− ### Article 36 — Examination of the conditions of filing
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− 1. The Office shall examine whether:
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− (a) the ►M1 EU trade mark** ◄ ** application satisfies the requirements for the accordance of a date of filing in accordance with Article 27;
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− (b) the ►M1 EU trade mark** ◄ ** application complies with the conditions laid down in this Regulation and with the conditions laid down in the Implementing Regulation;
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− (c) where appropriate, the class fees have been paid within the prescribed period.
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− 2. Where the ►M1 EU trade mark** ◄ ** application does not satisfy the requirements referred to in paragraph 1, the Office shall request the applicant to remedy the deficiencies or the default on payment within the prescribed period.
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− 3. If the deficiencies or the default on payment established pursuant to paragraph 1(a) are not remedied within this period, the application shall not be dealt with as an►M1 EU trade mark** ◄ ** application. If the applicant complies with the Office's request, the Office shall accord as the date of …
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− 4. If the deficiencies established pursuant to paragraph 1(b) are not remedied within the prescribed period, the Office shall refuse the application.
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− 5. If the default on payment established pursuant to paragraph 1(c) is not remedied within the prescribed period, the application shall be deemed to be withdrawn unless it is clear which categories of goods or services the amount paid is intended to cover.
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− 6. Failure to satisfy the requirements concerning the claim to priority shall result in loss of the right of priority for the application.
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− 7. Failure to satisfy the requirements concerning the claiming of seniority of a national trade mark shall result in loss of that right for the application.
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− ### Article 37 — Examination as to absolute grounds for refusal
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− 1. Where, under Article 7, a trade mark is ineligible for registration in respect of some or all of the goods or services covered by the ►M1 EU trade mark** ◄ ** application, the application shall be refused as regards those goods or services.
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− 3. The application shall not be refused before the applicant has been allowed the opportunity of withdrawing or amending the application or of submitting his observations.
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− ## SECTION 2 / Search
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− ### Article 38 — Search report
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− 1. The Office shall, at the request of the applicant for the EU trade mark when filing the application, draw up a European Union search report (‘EU search report’) citing those earlier EU trade marks or EU trade mark applications discovered which may be invoked under Article 8 against the registrati…
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− 2. Where, at the time of filing an EU trade mark application, the applicant requests that a search report be prepared by the central industrial property offices of the Member States and where the appropriate search fee has been paid within the time limit for the payment of the filing fee, the Office…
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− 3. Each of the central industrial property offices of the Member States referred to in paragraph 2 of this Article shall communicate a search report which shall either cite any earlier national trade marks, national trade mark applications or trade marks registered under international agreements, ha…
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− 4. The Office, after consulting the Management Board provided for in Article 124 (‘the Management Board’), shall establish the contents and modalities for the reports.
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− 5. The Office shall pay an amount to each central industrial property office for each search report provided by the office in accordance with paragraph 3. The amount, which shall be the same for each office, shall be fixed by the Budget Committee by means of a decision adopted by a majority of three…
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− 6. The Office shall transmit to the applicant for the EU trade mark the EU search report requested and any requested national search reports received.
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− 7. Upon publication of the EU trade mark application, the Office shall inform the proprietors of any earlier EU trade marks, or EU trade mark applications cited in the EU search report of the publication of the EU trade mark application. The latter shall apply irrespective of whether the applicant h…
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− ## SECTION 3 / Publication of the application
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− ### Article 39 — Publication of the application
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− 1. If the conditions which the application for an EU trade mark is required to satisfy have been fulfilled, the application shall be published for the purposes of Article 41 to the extent that it has not been refused pursuant to Article 37.
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− 2. Where, after publication, the application is refused under Article 37, the decision that it has been refused shall be published upon becoming final.
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− 5. The Commission shall adopt implementing acts laying down the details to be contained in the publication of the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 163(2).
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