What changed, Regulation (EU) 2015/2424

+ ### Article 1
+ 
+ Regulation (EC) No 207/2009 is amended as follows:
+ 
+ (1) In the title, ‘Community trade mark’ is replaced by ‘European Union trade mark’.
+ 
+ (2) The term ‘Community trade mark’ is replaced by ‘European Union trade mark (“EU trade mark”)’ in Article 1(1); and elsewhere in the Regulation, it is replaced by ‘EU trade mark’ and any necessary grammatical changes are made.
+ 
+ (3) Throughout the Regulation, the term ‘Community trade mark court’ is replaced by ‘EU trade mark court’ and any necessary grammatical changes are made.
+ 
+ (4) The term ‘Community collective mark’ is replaced by ‘European Union collective mark (“EU collective mark”)’ in Article 66(1); and elsewhere in the Regulation, it is replaced by ‘EU collective mark’ and any necessary grammatical changes are made.
+ 
+ (5) Throughout the Regulation, except in the cases referred to in points (2), (3) and (4), the words ‘Community’, ‘European Community’ and ‘European Communities’ are replaced by ‘Union’ and any necessary grammatical changes are made.
+ 
+ (6) Throughout the Regulation, the term ‘President of the Office’ and all references to that President are replaced by ‘Executive Director of the Office’ or ‘Executive Director’, as appropriate, and any necessary grammatical changes are made.
+ 
+ (7) Article 2 is replaced by the following:
+ 
+ ‘Article 2
+ 
+ Office
+ 
+ 1. A European Union Intellectual Property Office (“the Office”) is hereby established.
+ 
+ 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.’.
+ 
+ (8) Article 4 is replaced by the following:
+ 
+ ‘Article 4
+ 
+ Signs of which an EU trade mark may consist
+ 
+ An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
+ 
+ (a) distinguishing the goods or services of one undertaking from those of other undertakings; and
+ 
+ (b) being represented on the Register of European Union trade marks, (“the Register”), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.’.
+ 
+ (9) Article 7(1) is amended as follows:
+ 
+ (a) point (e) is replaced by the following:
+ 
+ ‘(e) signs which consist exclusively of:
+ 
+ (i) the shape, or another characteristic, which results from the nature of the goods themselves;
+ 
+ (ii) the shape, or another characteristic, of goods which is necessary to obtain a technical result;
+ 
+ (iii) the shape, or another characteristic, which gives substantial value to the goods;’;
+ 
+ (b) points (j) and (k) are replaced by the following:
+ 
+ ‘(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;
+ 
+ (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;’;
+ 
+ (c) the following points are added:
+ 
+ ‘(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;
+ 
+ (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…
+ 
+ (10) Article 8 is amended as follows:
+ 
+ (a) the following paragraph is inserted:
+ 
+ ‘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 …
+ 
+ (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…
+ 
+ (ii) that designation of origin or geographical indication confers the right to prohibit the use of a subsequent trade mark.’;
+ 
+ (b) paragraph 5 is replaced by the following:
+ 
+ ‘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 i…
+ 
+ (11) Article 9 is replaced by the following:
+ 
+ ‘Article 9
+ 
+ Rights conferred by an EU trade mark
+ 
+ 1. The registration of an EU trade mark shall confer on the proprietor exclusive rights therein.
+ 
+ 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,…
+ 
+ (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;
+ 
+ (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 …
+ 
+ (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…
+ 
+ 3. The following, in particular, may be prohibited under paragraph 2:
+ 
+ (a) affixing the sign to the goods or to the packaging thereof;
+ 
+ (b) offering the goods, putting them on the market, or stocking them for those purposes under the sign, or offering or supplying services thereunder;
+ 
+ (c) importing or exporting the goods under the sign;
+ 
+ (d) using the sign as a trade or company name or part of a trade or company name;
+ 
+ (e) using the sign on business papers and in advertising;
+ 
+ (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).
+ 
+ 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…
+ 
+ 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) conce…
+ 
+ (12) The following articles are inserted:
+ 
+ ‘Article 9a
+ 
+ Right to prohibit preparatory acts in relation to the use of packaging or other means
+ 
+ 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 …
+ 
+ (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;
+ 
+ (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.
+ 
+ Article 9b
+ 
+ Date from which rights against third parties prevail
+ 
+ 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.
+ 
+ 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.
+ 
+ 3. A court seized of a case shall not decide upon the merits of that case until the registration has been published.’.
+ 
+ (13) Article 12 is replaced by the following:
+ 
+ ‘Article 12
+ 
+ Limitation of the effects of an EU trade mark
+ 
+ 1. An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:
+ 
+ (a) the name or address of the third party, where that third party is a natural person;
+ 
+ (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;
+ 
+ (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.
+ 
+ 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.’.
+ 
+ (14) Article 13(1) is replaced by the following:
+ 
+ ‘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.’.
+ 
+ (15) The following article is inserted:
+ 
+ ‘Article 13a
+ 
+ Intervening right of the proprietor of a later registered trade mark as a defence in infringement proceedings
+ 
+ 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.
+ 
+ 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…
+ 
+ 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.
+ 
+ (16) In Article 15(1), the second subparagraph is replaced by the following:
+ 
+ ‘The following shall also constitute use within the meaning of the first subparagraph:
+ 
+ (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;
+ 
+ (b) affixing of the EU trade mark to goods or to the packaging thereof in the Union solely for export purposes.’.
+ 
+ (17) In Article 16(1), the introductory sentence is replaced by the following:
+ 
+ ‘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:’.
+ 
+ (18) Article 17 is amended as follows:
+ 
+ (a) paragraph 4 is deleted;
+ 
+ (b) the following paragraphs are inserted:
+ 
+ ‘5a. An application for registration of a transfer shall contain information to identify the EU trade mark, the new proprietor, the goods and services to which the transfer relates, as well as documents duly establishing the transfer in accordance with paragraphs 2 and 3. The application may further…
+ 
+ 5b. The Commission shall adopt implementing acts specifying:
+ 
+ (a) the details to be contained in the application for registration of a transfer;
+ 
+ (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;
+ 
+ (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.
+ 
+ Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 163(2).
+ 
+ 5c. Where the conditions applicable to the registration of a transfer, as laid down in paragraphs 1 to 3, or in the implementing acts referred to in paragraph 5b, are not fulfilled, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied within a period to be …
+ 
+ 5d. A single application for registration of a transfer may be submitted for two or more trade marks, provided that the registered proprietor and the successor in title are the same in each case.
+ 
+ 5e. Paragraphs 5a to 5d shall also apply to applications for EU trade marks.
+ 
+ 5f. In the case of a partial transfer, any application made by the original proprietor pending with regard to the original registration shall be deemed to be pending with regard to the remaining registration and the new registration. Where such application is subject to the payment of fees and those…
+ 
+ (19) Article 18 is replaced by the following:
+ 
+ ‘Article 18
+ 
+ Transfer of a trade mark registered in the name of an agent
+ 
+ 1. Where an 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 of the EU trade mark in his favour, unless such agent or representati…
+ 
+ 2. The proprietor may submit a request for assignment pursuant to paragraph 1 of this Article to the following:
+ 
+ (a) the Office, pursuant to Article 53(1)(b), instead of an application for a declaration of invalidity;
+ 
+ (b) a European Union trade mark court (“EU trade mark court”) as referred to in Article 95, instead of a counterclaim for a declaration of invalidity based on Article 100(1).’.
+ 
+ (20) Article 19 is amended as follows:
+ 
+ (a) paragraph 2 is replaced by the following:
+ 
+ ‘2. At the request of one of the parties, the rights referred to in paragraph 1 or the transfer of those rights shall be entered in the Register and published.’;
+ 
+ (b) the following paragraph is added:
+ 
+ ‘3. An entry in the Register effected pursuant to paragraph 2 shall be cancelled or modified at the request of one of the parties.’.
+ 
+ (21) In Article 20, the following paragraph is added:
+ 
+ ‘4. An entry in the Register effected pursuant to paragraph 3 shall be cancelled or modified at the request of one of the parties.’.
+ 
+ (22) In Article 22, the following paragraph is added:
+ 
+ ‘6. An entry in the Register effected pursuant to paragraph 5 shall be cancelled or modified at the request of one of the parties.’.
+ 
+ (23) The following article is inserted:
+ 
+ ‘Article 22a
+ 
+ Procedure for entering licences and other rights in the Register
+ 
+ 1. Article 17(5a) and (5b) and the rules adopted pursuant to it, and Article 17(5d) shall apply *mutatis mutandis* to the registration of a right *in rem* or transfer of a right *in rem* as referred to in Article 19(2), the levy of execution as referred to in Article 20(3), the involvement in insolv…
+ 
+ (a) the requirement relating to the identification of goods and services to which the transfer relates shall not apply in respect of a request for registration of a right *in rem*, of a levy of execution or of insolvency proceedings;
+ 
+ (b) the requirement relating to the documents proving the transfer shall not apply where the request is made by the proprietor of the EU trade mark.
+ 
+ 2. The application for registration of the rights referred to in paragraph 1 shall not be deemed to have been filed until the required fee has been paid.
+ 
+ 3. The application for registration of a licence may contain a request to record a licence in the Register as one or more of the following:
+ 
+ (a) an exclusive licence;
+ 
+ (b) a sub-licence in the event that the licence is granted by a licensee whose licence is recorded in the Register;
+ 
+ (c) a licence limited to only part of the goods or services for which the mark is registered;
+ 
+ (d) a licence limited to part of the Union;
+ 
+ (e) a temporary licence.
+ 
+ Where a request is made to record the licence as a licence listed in points (c), (d) and (e) of the first subparagraph, the application for registration of a licence shall indicate the goods and services, the part of the Union and the time period for which the licence is granted.
+ 
+ 4. Where the conditions applicable to registration, as laid down in Articles 19 to 22, paragraphs 1 and 3 of this Article, and in the other applicable rules adopted pursuant to this Regulation, are not fulfilled, the Office shall notify the applicant of the deficiency. If the deficiency is not corre…
+ 
+ 5. Paragraphs 1 and 3 shall apply *mutatis mutandis* to applications for EU trade marks.’.
+ 
+ (24) The following article is inserted:
+ 
+ ‘Article 24a
+ 
+ Procedure for cancelling or modifying the entry in the Register of licences and other rights
+ 
+ 1. A registration effected under Article 22a(1) shall be cancelled or modified at the request of one of the persons concerned.
+ 
+ 2. The application shall contain the registration number of the EU trade mark concerned and the particulars of the right for which registration is requested to be cancelled or modified.
+ 
+ 3. The application for cancellation of a licence, a right *in rem* or an enforcement measure shall not be deemed to have been filed until the required fee has been paid.
+ 
+ 4. The application shall be accompanied by documents showing that the registered right no longer exists or that the licensee or the holder of another right consents to the cancellation or modification of the registration.
+ 
+ 5. Where the requirements for cancellation or modification of the registration are not satisfied, the Office shall notify the applicant of the deficiency. If the deficiency is not corrected within a period to be specified by the Office, it shall reject the application for cancellation or modificatio…
+ 
+ 6. Paragraphs 1 to 5 of this Article shall apply *mutatis mutandis* to entries made in the files pursuant to Article 22a(5).’.
+ 
+ (25) Article 25 is replaced by the following:
+ 
+ ‘Article 25
+ 
+ Filing of applications
+ 
+ 1. An application for an EU trade mark shall be filed at the Office.
+ 
+ 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…
+ 
+ (26) Article 26 is amended as follows:
+ 
+ (a) in paragraph 1, point (d) is replaced by the following:
+ 
+ ‘(d) a representation of the mark, which satisfies the requirements set out in Article 4(b).’;
+ 
+ (b) paragraphs 2 and 3 are replaced by the following:
+ 
+ ‘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.
+ 
+ 3. In addition to the requirements referred to in paragraphs 1 and 2, an application for an EU trade mark shall comply with the formal requirements laid down in this Regulation and in the implementing acts adopted pursuant to it. If those conditions provide for the trade mark to be represented elect…
+ 
+ (c) the following paragraph is added:
+ 
+ ‘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).’.
+ 
+ (27) Article 27 is replaced by the following:
+ 
+ ‘Article 27
+ 
+ Date of filing
+ 
+ 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.’.
+ 
+ (28) Article 28 is replaced by the following:
+ 
+ ‘Article 28
+ 
+ Designation and classification of goods and services
+ 
+ 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…
+ 
+ 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.
+ 
+ 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.
+ 
+ 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.
+ 
+ 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…
+ 
+ 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…
+ 
+ 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…
+ 
+ 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…
+ 
+ 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…
+ 
+ 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.
+ 
+ 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:
+ 
+ (a) commenced before the register was amended; and
+ 
+ (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.
+ 
+ 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:
+ 
+ (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
+ 
+ (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.’.
+ 
+ (29) Article 29 is amended as follows:
+ 
+ (a) in paragraph 5, the following sentences are added:
+ 
+ ‘The Executive Director shall, where necessary, request the Commission to consider enquiring as to whether a State within the meaning of the first sentence accords that reciprocal treatment. If the Commission determines that reciprocal treatment in accordance with the first sentence is accorded, it …
+ 
+ (b) the following paragraphs are added:
+ 
+ ‘6. Paragraph 5 shall apply from the date of publication in the *Official Journal of the European Union* of the communication determining that reciprocal treatment is accorded, unless the communication states an earlier date from which it is applicable. It shall cease to apply from the date of publi…
+ 
+ 7. Communications as referred to in paragraphs 5 and 6 shall also be published in the Official Journal of the Office.’.
+ 
+ (30) Article 30 is replaced by the following:
+ 
+ ‘Article 30
+ 
+ Claiming priority
+ 
+ 1. Priority claims shall be filed together with the EU trade mark application and shall include the date, number and country of the previous application. The documentation in support of priority claims shall be filed within three months of the filing date.
+ 
+ 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…
+ 
+ 3. The Executive Director may determine that the documentation to be provided by the applicant in support of the priority claim may consist of less than what is required under the specifications adopted in accordance with paragraph 2, provided that the information required is available to the Office…
+ 
+ (31) Article 33 is amended as follows:
+ 
+ (a) in paragraph 1, the following sentence is added:
+ 
+ ‘The priority claim shall be filed together with the EU trade mark application.’;
+ 
+ (b) paragraph 2 is replaced by the following:
+ 
+ ‘2. An applicant who wishes to claim priority pursuant to paragraph 1 shall file evidence of the display of goods or services under the mark applied for within three months of the filing date.’;
+ 
+ (c) the following paragraph is added:
+ 
+ ‘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 16…
+ 
+ (32) Article 34 is amended as follows:
+ 
+ (a) the following paragraph is inserted:
+ 
+ ‘1a. Seniority claims shall either be filed together with the EU trade mark application or within two months of the filing date of the application, and shall include the Member State or Member States in or for which the mark is registered, the number and the filing date of the relevant registration,…
+ 
+ (b) paragraph 3 is replaced by the following:
+ 
+ ‘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 pr…
+ 
+ (c) the following paragraphs are added:
+ 
+ ‘4. The Office shall inform the Benelux Office for Intellectual Property or the central industrial property office of the Member State concerned of the effective claiming of seniority.
+ 
+ 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…
+ 
+ 6. The Executive Director may determine that the documentation to be provided by the applicant in support of the seniority claim may consist of less than what is required under the specifications adopted in accordance with paragraph 5, provided that the information required is available to the Offic…
+ 
+ (33) Article 35 is amended as follows:
+ 
+ (a) paragraph 2 is replaced by the following:
+ 
+ ‘2. Seniority claims filed pursuant to paragraph 1 of this Article shall include the registration number of the EU trade mark, the name and address of its proprietor, the Member State or Member States in or for which the earlier mark is registered, the number and the filing date of the relevant regi…
+ 
+ (b) the following paragraphs are added:
+ 
+ ‘3. If the requirements governing the claiming of seniority are not fulfilled, the Office shall communicate the deficiency to the proprietor of the EU trade mark. If the deficiency is not remedied within a period to be specified by the Office, the Office shall reject the claim.
+ 
+ 4. Article 34(2), (3), (4) and (6) shall apply.’.
+ 
+ (34) Article 36 is amended as follows:
+ 
+ (a) point (b) of paragraph 1 is replaced by the following:
+ 
+ ‘(b) the EU trade mark application complies with the conditions and requirements referred to in Article 26(3).’;
+ 
+ (b) in paragraph 2 the words ‘within the prescribed period’ are replaced by ‘within two months of the receipt of the notification’;
+ 
+ (c) in paragraph 5, the following sentences are added:
+ 
+ ‘In the absence of other criteria to determine which classes are intended to be covered, the Office shall take the classes in the order of the classification. The application shall be deemed to have been withdrawn with regard to those classes for which the class fees have not been paid or have not b…
+ 
+ (d) the following paragraph is added:
+ 
+ ‘8. Where failure to satisfy the requirements referred to in paragraph 1(b) and (c) concerns only some of the goods or services, the Office shall refuse the application, or the right of priority or the right of seniority shall be lost, only in so far as those goods and services are concerned.’.
+ 
+ (35) Article 37 is amended as follows:
+ 
+ (a) paragraph 2 is deleted;
+ 
+ (b) paragraph 3 is replaced by the following:
+ 
+ ‘(3) The application shall not be refused before the applicant has been allowed the opportunity to withdraw or amend the application or to submit his observations. To this effect, the Office shall notify the applicant of the grounds for refusing registration and shall specify a period within which h…
+ 
+ (36) Article 38 is replaced by the following:
+ 
+ ‘Article 38
+ 
+ Search report
+ 
+ 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…
+ 
+ 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…
+ 
+ 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…
+ 
+ 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.
+ 
+ 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…
+ 
+ 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.
+ 
+ 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…
+ 
+ (37) Article 39 is amended as follows:
+ 
+ (a) paragraph 1 is replaced by the following:
+ 
+ ‘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. The publication of the application shall be without prejud…
+ 
+ (b) the following paragraphs are added:
+ 
+ ‘3. Where the publication of the application contains an error attributable to the Office, the Office shall of its own motion or at the request of the applicant correct the error and publish the correction.
+ 
+ The rules adopted pursuant to Article 43(3) shall apply *mutatis mutandis* where a correction is requested by the applicant.
+ 
+ 4. Article 41(2) shall apply also where the correction concerns the list of goods or services or the representation of the mark.
+ 
+ 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).’.
+ 
+ (38) Article 40 is replaced by the following:
+ 
+ ‘Article 40
+ 
+ Observations by third parties
+ 
+ 1. Any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the Office written observations, explaining on which grounds, under Articles 5 and 7, the trade mark should not be registered *ex officio*.
+ 
+ Persons and groups or bodies as referred to in the first subparagraph shall not be parties to the proceedings before the Office.
+ 
+ 2. Third party observations shall be submitted before the end of the opposition period or, where an opposition against the trade mark has been filed, before the final decision on the opposition is taken.
+ 
+ 3. The submission referred to in paragraph 1 shall be without prejudice to the right of the Office to re-open the examination of absolute grounds on its own initiative at any time before registration, where appropriate.
+ 
+ 4. The observations referred to in paragraph 1 shall be communicated to the applicant who may comment on them.’.
+ 
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