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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 · European Union · 32017R1001

896 provisions · cited by 4 instruments we hold · 4 provisions hand work to national law

Defined terms · All instruments · EU trade mark · codification of EU law · registered trade mark · trade-mark law

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