
European Union Trade Mark Regulation
Description
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- systematic article-by-article commentary on the EUTMR
- commentary on measures and remedies under the Enforcement Directive (2004/48/EC)
- analysis of the assertion of EUTM rights out of court as well as in litigation in summary and main proceedings in all EU Member States
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Content
- Cover
- Titel
- Impressum
- Foreword
- Preface
- Summary of Contents
- List of Authors
- List of Abbreviations
- General Bibliography
- A. Commentary
- TITLE I. GENERAL PROVISIONS
- Article 1. EU trade mark
- Article 2. Office
- Article 3. Capacity to act
- TITLE 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-a`-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
- TITLE III. APPLICATION FOR EUTM 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. Claiming the seniority of a national trade mark
- Article 39. Claiming the 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
- TITLE 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
- TITLE V. DURATION, RENEWAL, ALTERATION AND DIVISION OF EUROPEAN UNION TRADE MARKS
- Article 52. Duration of Registration
- Article 53. Renewal
- Article 54. Alteration
- Article 55. Change of name or address
- Article 56. Division of the registration
- TITLE 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
- TITLE 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
- TITLE 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
- TITLE 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
- TITLE 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
- TITLE 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
- TITLE 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
- TITLE XIII. INTERNATIONAL REGISTRATION OF MARKS
- SECTION 1. 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 the 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 licenses 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
- TITLE 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
- B. Measures under Enforcement Directive 2004/48/EC
- C. Litigation in EU Member States
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Ireland
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- The Netherlands
- Poland
- Portugal
- Romania
- Slovakia
- Slovenia
- Spain
- Sweden
- United Kingdom
- D. Annexes
- Annex 1. DIRECTIVE (EU) 2015/2436 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 to approximate the laws of the Member States relating to trade marks (Recast)
- Annex 2. COMMISSION DELEGATED REGULATION (EU) 2018/625 of 5 March 2018
- Annex 3. COMMISSION DELEGATED REGULATION (EU) 2018/625 of 5 March 2018
- Annex 4. DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
- E. Table of Cases
- Index
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