Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark… · Lexiara

Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (Text with EEA relevance)

directive · European Union · 32009R0207

750 provisions in 1984 nodes · cited by 5 instruments we hold · 8 provisions hand work to national law

Defined terms · All instruments · EU law · advertising · approximation of laws · auditing · civil law · competition · consumer · consumer

TITLE I GENERAL PROVISIONS

Article 1 Community trade mark

Article 2 Office

Article 3 Capacity to act

TITLE II THE LAW RELATING TO TRADE MARKS

SECTION 1 Definition of a Community trade mark and obtaining a Community trade mark

Article 4 Signs of which a Community trade mark may consist

Article 5 Persons who can be proprietors of Community trade marks

Article 6 Means whereby a Community trade mark is obtained

Article 7 Absolute grounds for refusal

Article 8 Relative grounds for refusal

SECTION 2 Effects of Community trade marks

Article 9 Rights conferred by a Community trade mark

Article 10 Reproduction of Community trade marks in dictionaries

Article 11 Prohibition on the use of a Community trade mark registered in the name of an agent or representative

Article 12 Limitation of the effects of a Community trade mark

Article 13 Exhaustion of the rights conferred by a Community trade mark

Article 14 Complementary application of national law relating to infringement

SECTION 3 Use of Community trade marks

Article 15 Use of Community trade marks

SECTION 4 Community trade marks as objects of property

Article 16 Dealing with Community trade marks as national trade marks

Article 17 Transfer

Article 18 Transfer of a trade mark registered in the name of an agent

Article 19 Rights in rem

Article 20 Levy of execution

Article 21 Insolvency proceedings

Article 22 Licensing

Article 23 Effects vis-à-vis third parties

Article 24 The application for a Community trade mark as an object of property

TITLE III APPLICATION FOR COMMUNITY TRADE MARKS

SECTION 1 Filing of applications and the conditions which govern them

Article 25 Filing of applications

Article 26 Conditions with which applications must comply

Article 27 Date of filing

Article 28 Classification

SECTION 2 Priority

Article 29 Right of priority

Article 30 Claiming priority

Article 31 Effect of priority right

Article 32 Equivalence of Community filing with national filing

SECTION 3 Exhibition priority

Article 33 Exhibition priority

SECTION 4 Claiming the seniority of a national trade mark

Article 34 Claiming the seniority of a national trade mark

Article 35 Claiming seniority after registration of the Community trade mark

TITLE IV REGISTRATION PROCEDURE

SECTION 1 Examination of applications

Article 36 Examination of the conditions of filing

Article 37 Examination as to absolute grounds for refusal

SECTION 2 Search

Article 38 Search

SECTION 3 Publication of the application

Article 39 Publication of the application

SECTION 4 Observations by third parties and opposition

Article 40 Observations by third parties

Article 41 Opposition

Article 42 Examination of opposition

SECTION 5 Withdrawal, restriction, amendment and division of the application

Article 43 Withdrawal, restriction and amendment of the application

Article 44 Division of the application

SECTION 6 Registration

Article 45 Registration

TITLE V DURATION, RENEWAL, ALTERATION AND DIVISION OF COMMUNITY TRADE MARKS

Article 46 Duration of registration

Article 47 Renewal

Article 48 Alteration

Article 49 Division of the registration

TITLE VI SURRENDER, REVOCATION AND INVALIDITY

SECTION 1 Surrender

Article 50 Surrender

SECTION 2 Grounds for revocation

Article 51 Grounds for revocation

SECTION 3 Grounds for invalidity

Article 52 Absolute grounds for invalidity

Article 53 Relative grounds for invalidity

Article 54 Limitation in consequence of acquiescence

SECTION 4 Consequences of revocation and invalidity

Article 55 Consequences of revocation and invalidity

SECTION 5 Proceedings in the Office in relation to revocation or invalidity

Article 56 Application for revocation or for a declaration of invalidity

Article 57 Examination of the application

TITLE VII APPEALS

Article 58 Decisions subject to appeal

Article 59 Persons entitled to appeal and to be parties to appeal proceedings

Article 60 Time limit and form of appeal

Article 61 Revision of decisions in ex parte cases

Article 62 Revision of decisions in inter partes cases

Article 63 Examination of appeals

Article 64 Decisions in respect of appeals

Article 65 Actions before the Court of Justice

TITLE VIII COMMUNITY COLLECTIVE MARKS

Article 66 Community collective marks

Article 67 Regulations governing use of the mark

Article 68 Refusal of the application

Article 69 Observations by third parties

Article 70 Use of marks

Article 71 Amendment of the regulations governing use of the mark

Article 72 Persons who are entitled to bring an action for infringement

Article 73 Grounds for revocation

Article 74 Grounds for invalidity

TITLE IX PROCEDURE

SECTION 1 General provisions

Article 75 Statement of reasons on which decisions are based

Article 76 Examination of the facts by the Office of its own motion

Article 77 Oral proceedings

Article 78 Taking of evidence

Article 79 Notification

Article 80 Revocation of decisions

Article 81 Restitutio in integrum

Article 82 Continuation of proceedings

Article 83 Reference to general principles

Article 84 Termination of financial obligations

SECTION 2 Costs

Article 85 Costs

Article 86 Enforcement of decisions fixing the amount of costs

SECTION 3 Information which may be made available to the public and of the authorities of the Member States

Article 87 Register of Community trade marks

Article 88 Inspection of files

Article 89 Periodical publications

Article 90 Administrative cooperation

Article 91 Exchange of publications

SECTION 4 Representation

Article 92 General principles of representation

Article 93 Professional representatives

TITLE X JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO COMMUNITY TRADE MARKS

SECTION 1 Application of Regulation (EC) No 44/2001

Article 94 Application of Regulation (EC) No 44/2001

SECTION 2 Disputes concerning the infringement and validity of Community trade marks

Article 95 Community trade mark courts

Article 96 Jurisdiction over infringement and validity

Article 97 International jurisdiction

Article 98 Extent of jurisdiction

Article 99 Presumption of validity — Defence as to the merits

Article 100 Counterclaims

Article 101 Applicable law

Article 102 Sanctions

Article 103 Provisional and protective measures

Article 104 Specific rules on related actions

Article 105 Jurisdiction of Community trade mark courts of second instance — Further appeal

SECTION 3 Other disputes concerning Community trade marks

Article 106 Supplementary provisions on the jurisdiction of national courts other than Community trade mark courts

Article 107 Obligation of the national court

SECTION 4 Transitional provision

Article 108 Transitional provision relating to the application of the Convention on Jurisdiction and Enforcement

TITLE XI EFFECTS ON THE LAWS OF THE MEMBER STATES

SECTION 1 Civil actions on the basis of more than one trade mark

Article 109 Simultaneous and successive civil actions on the basis of Community trade marks and national trade marks

SECTION 2 Application of national laws for the purpose of prohibiting the use of Community trade marks

Article 110 Prohibition of use of Community trade marks

Article 111 Prior rights applicable to particular localities

SECTION 3 Conversion into a national trade mark application

Article 112 Request for the application of national procedure

Article 113 Submission, publication and transmission of the request for conversion

Article 114 Formal requirements for conversion

TITLE XII THE OFFICE

SECTION 1 General provisions

Article 115 Legal status

Article 116 Staff

Article 117 Privileges and immunities

Article 118 Liability

Article 119 Languages

Article 120 Publication and entries in the Register

Article 122 Control of legality

Article 123 Access to documents

SECTION 2 Management of the Office

Article 124 Powers of the President

Article 125 Appointment of senior officials

SECTION 3 Administrative Board

Article 126 Creation and powers

Article 127 Composition

Article 128 Chairmanship

Article 129 Meetings

SECTION 4 Implementation of procedures

Article 130 Competence

Article 131 Examiners

Article 132 Opposition Divisions

Article 133 Administration of Trade Marks and Legal Division

Article 134 Cancellation Divisions

Article 135 Boards of Appeal

Article 136 Independence of the members of the Boards of Appeal

Article 137 Exclusion and objection

SECTION 5 Budget and financial control

Article 138 Budget Committee

Article 139 Budget

Article 140 Preparation of the budget

Article 141 Audit and control

Article 142 Auditing of accounts

Article 143 Financial provisions

Article 144 Fees regulations

TITLE XIII INTERNATIONAL REGISTRATION OF MARKS

SECTION I General provisions

Article 145 Application of provisions

SECTION 2 International registration on the basis of applications for a Community trade mark and of Community trade marks

Article 146 Filing of an international application

Article 147 Form and contents of the international application

Article 148 Recordal in the files and in the Register

Article 149 Request for territorial extension subsequent to the international registration

Article 150 International fees

SECTION 3 International registrations designating the European Community

Article 151 Effects of international registrations designating the European Community

Article 152 Publication

Article 153 Seniority

Article 154 Examination as to absolute grounds for refusal

Article 155 Search

Article 156 Opposition

Article 157 Replacement of a Community trade mark by an international registration

Article 158 Invalidation of the effects of an international registration

Article 159 Conversion of a designation of the European Community through an international registration into a national trade mark application or into a designation of Member States

Article 160 Use of a mark subject of an international registration

Article 161 Transformation

TITLE XIV FINAL PROVISIONS

Article 162 Community implementing provisions

Article 163 Establishment of a committee and procedure for the adoption of implementing regulations

Article 164 Compatibility with other Community legal provisions

Article 165 Provisions relating to the enlargement of the Community

Article 166 Repeal

Article 167 Entry into force

ANNEX I Repealed Regulation with list of its successive amendments (referred to in Article 166)

ANNEX II Correlation Table