Article 12

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1. An application to the Office for revocation or for a declaration of invalidity pursuant to Article 63 of Regulation (EU) 2017/1001 shall contain:

(a) the registration number of the EU trade mark in respect of which revocation or a declaration of invalidity is sought and the name of its proprietor;

(b) the grounds on which the application is based by means of a statement that the respective requirements laid down in Articles 58, 59, 60, 81, 82, 91 or 92 of Regulation (EU) 2017/1001 are fulfilled;

(c) as concerns the applicant:

(i) the identification of the applicant in accordance with Article 2(1)(b) of Implementing Regulation (EU) 2018/626;

(ii) where the applicant has appointed a representative or where representation is mandatory within the meaning of Article 119(2) of Regulation (EU) 2017/1001, the name and business address of the representative, in accordance with Article 2(1)(e) of Implementing Regulation (EU) 2018/626;

(d) an indication of the goods or services in respect of which revocation or a declaration of invalidity is sought, in the absence of which the application shall be deemed to be directed against all the goods or services covered by the contested EU trade mark.

 

2. In addition to the requirements laid down in paragraph 1, an application for a declaration of invalidity based on relative grounds shall contain the following:

(a) in the case of an application pursuant to Article 60(1) of Regulation (EU) 2017/1001, an identification of the earlier right on which the application is based, in accordance with Article 2(2)(b) of this Regulation, which shall apply mutatis mutandis to such an application;

(b) in the case of an application pursuant to Article 60(2) of Regulation (EU) 2017/1001, an indication of the nature of the earlier right on which the application is based, its representation and an indication of whether this earlier right exists in the whole of the Union or in one or more Member States, and if so, an indication of those Member States;

(c) particulars pursuant to Article 2(2)(d) to (g) of this Regulation, which apply mutatis mutandis to such an application;

(d) where the application is entered by a licensee or by a person who is entitled under the relevant Union legislation or national law to exercise an earlier right, an indication concerning the authorisation or entitlement to file the application.

 

3. Where the application for a declaration of invalidity pursuant to Article 60 of Regulation (EU) 2017/1001 is based on more than one earlier mark or earlier right, paragraphs 1(b) and 2 of this Article shall apply for each of those marks or rights.

 

4. The application may contain a reasoned statement on the grounds setting out the facts and arguments on which it is based and supporting evidence.