Article 88

The files relating to Community trade mark applications which have not yet been published shall not be made available for inspection without the consent of the applicant. Any person who can prove that the applicant for a Community trade mark has stated that after the trade mark has been registered he will invoke the rights under it against him may obtain inspection of the files prior to the publication of that application and without the consent of the applicant. Subsequent to the publication of the Community trade mark application, the files relating to such application and the resulting trade mark may be inspected on request. However, where the files are inspected pursuant to paragraphs 2 or 3, certain documents in the file may be withheld from inspection in accordance with the provisions of the Implementing Regulation.

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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.