2.

‘Earlier trade marks’ within the meaning of paragraph 1 means: 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 trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks; Community trade marks; trade marks registered in the Member State or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property; trade marks registered under international arrangements which have effect in the Member State; Community trade marks which validly claim seniority, in accordance with Council Regulation (EC) No 40/94 OJ L 11, 14.1.1994, p. 1. of 20 December 1993 on the Community trade mark, from a trade mark referred to in (a)(ii) and (iii), even when the latter trade mark has been surrendered or allowed to lapse; applications for the trade marks referred to in points (a) and (b), subject to their registration; trade marks which, on the date of application for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6 bis of the Paris Convention.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.