Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 Jun... (32017R1001)
Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification)(Text with EEA relevance. )
- REGULATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
- of 14 June 2017
- on the European Union trade mark
- (codification)
- (Text with EEA relevance)
- CHAPTER I
- GENERAL PROVISIONS
- Article 1
- EU trade mark
- Article 2
- Office
- Article 3
- Capacity to act
- CHAPTER II
- THE LAW RELATING TO TRADE MARKS
- SECTION 1
- Definition of an EU trade mark and obtaining an EU trade mark
- Article 4
- Signs of which an EU trade mark may consist
- Article 5
- Persons who can be proprietors of EU trade marks
- Article 6
- Means whereby an EU trade mark is obtained
- Article 7
- Absolute grounds for refusal
- Article 8
- Relative grounds for refusal
- SECTION 2
- Effects of an EU trade mark
- Article 9
- Rights conferred by an EU trade mark
- Article 10
- Right to prohibit preparatory acts in relation to the use of packaging or other means
- Article 11
- Date from which rights against third parties prevail
- Article 12
- Reproduction of an EU trade mark in a dictionary
- Article 13
- Prohibition of the use of an EU trade mark registered in the name of an agent or representative
- Article 14
- Limitation of the effects of an EU trade mark
- Article 15
- Exhaustion of the rights conferred by an EU trade mark
- Article 16
- Intervening right of the proprietor of a later registered trade mark as a defence in infringement proceedings
- Article 17
- Complementary application of national law relating to infringement
- SECTION 3
- Use of an EU trade mark
- Article 18
- Use of an EU trade mark
- SECTION 4
- EU trade marks as objects of property
- Article 19
- Dealing with EU trade marks as national trade marks
- Article 20
- Transfer
- Article 21
- Transfer of a trade mark registered in the name of an agent
- Article 22
- Rights
- in rem
- Article 23
- Levy of execution
- Article 24
- Insolvency proceedings
- Article 25
- Licensing
- Article 26
- Procedure for entering licences and other rights in the Register
- Article 27
- Effects vis-à-vis third parties
- Article 28
- The application for an EU trade mark as an object of property
- Article 29
- Procedure for cancelling or modifying the entry in the Register of licences and other rights
- CHAPTER III
- APPLICATION FOR EU TRADE MARKS
- SECTION 1
- Filing of applications and the conditions which govern them
- Article 30
- Filing of applications
- Article 31
- Conditions with which applications must comply
- Article 32
- Date of filing
- Article 33
- Designation and classification of goods and services
- SECTION 2
- Priority
- Article 34
- Right of priority
- Article 35
- Claiming priority
- Article 36
- Effect of priority right
- Article 37
- Equivalence of Union filing with national filing
- SECTION 3
- Exhibition priority
- Article 38
- Exhibition priority
- SECTION 4
- Seniority of a national trade mark
- Article 39
- Claiming seniority of a national trade mark in an application for an EU trade mark or subsequent to the filing of the application
- Article 40
- Claiming seniority of a national trade mark after registration of an EU trade mark
- CHAPTER IV
- REGISTRATION PROCEDURE
- SECTION 1
- Examination of applications
- Article 41
- Examination of the conditions of filing
- Article 42
- Examination as to absolute grounds for refusal
- SECTION 2
- Search
- Article 43
- Search report
- SECTION 3
- Publication of the application
- Article 44
- Publication of the application
- SECTION 4
- Observations by third parties and opposition
- Article 45
- Observations by third parties
- Article 46
- Opposition
- Article 47
- Examination of opposition
- Article 48
- Delegation of powers
- SECTION 5
- Withdrawal, restriction, amendment and division of the application
- Article 49
- Withdrawal, restriction and amendment of the application
- Article 50
- Division of the application
- SECTION 6
- Registration
- Article 51
- Registration
- CHAPTER V
- DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS
- Article 52
- Duration of registration
- Article 53
- Renewal
- Article 54
- Alteration
- Article 55
- Change of the name or address
- Article 56
- Division of the registration
- CHAPTER VI
- SURRENDER, REVOCATION AND INVALIDITY
- SECTION 1
- Surrender
- Article 57
- Surrender
- SECTION 2
- Grounds for revocation
- Article 58
- Grounds for revocation
- SECTION 3
- Grounds for invalidity
- Article 59
- Absolute grounds for invalidity
- Article 60
- Relative grounds for invalidity
- Article 61
- Limitation in consequence of acquiescence
- SECTION 4
- Consequences of revocation and invalidity
- Article 62
- Consequences of revocation and invalidity
- SECTION 5
- Proceedings in the office in relation to revocation or invalidity
- Article 63
- Application for revocation or for a declaration of invalidity
- Article 64
- Examination of the application
- Article 65
- Delegation of powers
- CHAPTER VII
- APPEALS
- Article 66
- Decisions subject to appeal
- Article 67
- Persons entitled to appeal and to be parties to appeal proceedings
- Article 68
- Time limit and form of appeal
- Article 69
- Revision of decisions in ex parte cases
- Article 70
- Examination of appeals
- Article 71
- Decisions in respect of appeals
- Article 72
- Actions before the Court of Justice
- Article 73
- Delegation of powers
- CHAPTER VIII
- SPECIFIC PROVISIONS ON EUROPEAN UNION COLLECTIVE MARKS AND CERTIFICATION MARKS
- SECTION 1
- EU collective marks
- Article 74
- EU collective marks
- Article 75
- Regulations governing use of an EU collective mark
- Article 76
- Refusal of the application
- Article 77
- Observations by third parties
- Article 78
- Use of marks
- Article 79
- Amendment of the regulations governing use of the EU collective mark
- Article 80
- Persons who are entitled to bring an action for infringement
- Article 81
- Grounds for revocation
- Article 82
- Grounds for invalidity
- SECTION 2
- EU certification marks
- Article 83
- EU certification marks
- Article 84
- Regulations governing use of an EU certification mark
- Article 85
- Refusal of the application
- Article 86
- Observations by third parties
- Article 87
- Use of the EU certification mark
- Article 88
- Amendment of the regulations governing use of the EU certification mark
- Article 89
- Transfer
- Article 90
- Persons who are entitled to bring an action for infringement
- Article 91
- Grounds for revocation
- Article 92
- Grounds for invalidity
- Article 93
- Conversion
- CHAPTER IX
- PROCEDURE
- SECTION 1
- General provisions
- Article 94
- Decisions and communications of the Office
- Article 95
- Examination of the facts by the Office of its own motion
- Article 96
- Oral proceedings
- Article 97
- Taking of evidence
- Article 98
- Notification
- Article 99
- Notification of loss of rights
- Article 100
- Communications to the Office
- Article 101
- Time limits
- Article 102
- Correction of errors and manifest oversights
- Article 103
- Revocation of decisions
- Article 104
- Restitutio in integrum
- Article 105
- Continuation of proceedings
- Article 106
- Interruption of proceedings
- Article 107
- Reference to general principles
- Article 108
- Termination of financial obligations
- SECTION 2
- Costs
- Article 109
- Costs
- Article 110
- Enforcement of decisions fixing the amount of costs
- SECTION 3
- Information which may be made available to the public and to the authorities of the Member States
- Article 111
- Register of EU trade marks
- Article 112
- Database
- Article 113
- Online access to decisions
- Article 114
- Inspection of files
- Article 115
- Keeping of files
- Article 116
- Periodical publications
- Article 117
- Administrative cooperation
- Article 118
- Exchange of publications
- SECTION 4
- Representation
- Article 119
- General principles of representation
- Article 120
- Professional representatives
- Article 121
- Delegation of powers
- CHAPTER X
- JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO EU TRADE MARKS
- SECTION 1
- Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
- Article 122
- Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
- SECTION 2
- Disputes concerning the infringement and validity of EU trade marks
- Article 123
- EU trade mark courts
- Article 124
- Jurisdiction over infringement and validity
- Article 125
- International jurisdiction
- Article 126
- Extent of jurisdiction
- Article 127
- Presumption of validity — Defence as to the merits
- Article 128
- Counterclaims
- Article 129
- Applicable law
- Article 130
- Sanctions
- Article 131
- Provisional and protective measures
- Article 132
- Specific rules on related actions
- Article 133
- Jurisdiction of EU trade mark courts of second instance — Further appeal
- SECTION 3
- Other disputes concerning EU trade marks
- Article 134
- Supplementary provisions on the jurisdiction of national courts other than EU trade mark courts
- Article 135
- Obligation of the national court
- CHAPTER XI
- EFFECTS ON THE LAWS OF THE MEMBER STATES
- SECTION 1
- Civil actions on the basis of more than one trade mark
- Article 136
- Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks
- SECTION 2
- Application of national laws for the purpose of prohibiting the use of EU trade marks
- Article 137
- Prohibition of use of EU trade marks
- Article 138
- Prior rights applicable to particular localities
- SECTION 3
- Conversion into a national trade mark application
- Article 139
- Request for the application of national procedure
- Article 140
- Submission, publication and transmission of the request for conversion
- Article 141
- Formal requirements for conversion
- CHAPTER XII
- THE OFFICE
- SECTION 1
- General provisions
- Article 142
- Legal status
- Article 143
- Staff
- Article 144
- Privileges and immunities
- Article 145
- Liability
- Article 146
- Languages
- Article 147
- Publication and entries in the Register
- Article 148
- Translation services
- Article 149
- Transparency
- Article 150
- Security rules on the protection of classified and sensitive non-classified information
- SECTION 2
- Tasks of the office and cooperation to promote convergence
- Article 151
- Tasks of the Office
- Article 152
- Cooperation to promote convergence of practices and tools
- SECTION 3
- Management Board
- Article 153
- Functions of the Management Board
- Article 154
- Composition of the Management Board
- Article 155
- Chairperson of the Management Board
- Article 156
- Meetings
- SECTION 4
- Executive Director
- Article 157
- Functions of the Executive Director
- Article 158
- Appointment and removal of the Executive Director and extension of term of office
- SECTION 5
- Implementation of procedures
- Article 159
- Competence
- Article 160
- Examiners
- Article 161
- Opposition Divisions
- Article 162
- Department in charge of the Register
- Article 163
- Cancellation Divisions
- Article 164
- General Competence
- Article 165
- Boards of Appeal
- Article 166
- Independence of the members of the Boards of Appeal
- Article 167
- Presidium of the Boards of Appeal and Grand Board
- Article 168
- Delegation of powers
- Article 169
- Exclusion and objection
- Article 170
- Mediation centre
- SECTION 6
- Budget and financial control
- Article 171
- Budget Committee
- Article 172
- Budget
- Article 173
- Preparation of the budget
- Article 174
- Audit and control
- Article 175
- Combating fraud
- Article 176
- Auditing of accounts
- Article 177
- Financial provisions
- Article 178
- Fees and charges and due date
- Article 179
- Payment of fees and charges
- Article 180
- Deemed date of payment
- Article 181
- Insufficient payments and refund of insignificant amounts
- CHAPTER XIII
- INTERNATIONAL REGISTRATION OF MARKS
- SECTION I
- General provisions
- Article 182
- Application of provisions
- SECTION 2
- International registration on the basis of applications for an EU trade mark and of EU trade marks
- Article 183
- Filing of an international application
- Article 184
- Form and contents of the international application
- Article 185
- Recordal in the files and in the Register
- Article 186
- Notification of the invalidity of the basic application or registration
- Article 187
- Request for territorial extension subsequent to international registration
- Article 188
- International fees
- SECTION 3
- International registrations designating the Union
- Article 189
- Effects of international registrations designating the Union
- Article 190
- Publication
- Article 191
- Seniority claimed in an international application
- Article 192
- Seniority claimed before the Office
- Article 193
- Designation of goods and services and examination as to absolute grounds for refusal
- Article 194
- Collective and certification marks
- Article 195
- Search
- Article 196
- Opposition
- Article 197
- Replacement of an EU trade mark by an international registration
- Article 198
- Invalidation of the effects of an international registration
- Article 199
- Legal effect of registration of transfers
- Article 200
- Legal effect of registration of licences and other rights
- Article 201
- Examination of requests for registration of transfers, licences or restrictions of a holder's right of disposal
- Article 202
- Conversion of a designation of the Union through an international registration into a national trade mark application or into a designation of Member States
- Article 203
- Use of a mark subject of an international registration
- Article 204
- Transformation
- Article 205
- Communication with the International Bureau
- Article 206
- Use of languages
- CHAPTER XIV
- FINAL PROVISIONS
- Article 207
- Committee Procedure
- Article 208
- Exercise of the delegation
- Article 209
- Provisions relating to the enlargement of the Union
- Article 210
- Evaluation and review
- Article 211
- Repeal
- Article 212
- Entry into force
- ANNEX I
- AMOUNT OF FEES
- B. Fees to be paid to the International Bureau
- I. Individual fee for an international registration designating the Union
- II. Individual fee for a renewal of an international registration designating the Union
- ANNEX II
- Repealed Regulation with list of its successive amendments
- ANNEX III
- Correlation table
Feedback