Article 2

1. A notice of opposition may be entered on the basis of one or more earlier marks or other rights within the meaning of Article 8 of Regulation (EU) 2017/1001, provided that the proprietors or authorised persons entering the notice pursuant to Article 46 of Regulation (EU) 2017/1001 are entitled to do so for all the earlier marks or rights. Where an earlier mark has more than one proprietor (‘co-ownership’) or where an earlier right may be exercised by more than one person, an opposition pursuant to Article 46 of Regulation (EU) 2017/1001 may be filed by any or all of the proprietors or authorised persons.

2. The notice of opposition shall contain:

(a) the file number of the application against which opposition is entered and the name of the applicant for the EU trade mark;

(b) a clear identification of the earlier mark or right on which the opposition is based, namely:

(i) where the opposition is based on an earlier mark within the meaning of Article 8(2)(a) or (b) of Regulation (EU) 2017/1001, the file number or registration number of the earlier mark, an indication of whether the earlier mark is registered or an application for registration of that mark, as well as an indication of the Member States including, where applicable, the Benelux, in or for which the earlier mark is protected, or, if applicable, the indication that it is an EU trade mark;

(ii) where the opposition is based on a well-known mark within the meaning of Article 8(2)(c) of Regulation (EU) 2017/1001, the indication of the Member State(s) where the mark is well known and a representation of the mark;

(iii) where the opposition is based on the absence of the proprietor's consent as referred to in Article 8(3) of Regulation (EU) 2017/1001, an indication of the territory in which the earlier trade mark is protected, the representation of the mark and, if applicable, an indication whether the earlier mark is an application or a registration, in which case the filing or registration number shall be provided;

(iv) where the opposition is based on an earlier mark or another sign within the meaning of Article 8(4) of Regulation (EU) 2017/1001, an indication of its kind or nature, a representation of the earlier mark or sign, and an indication of whether the right to the earlier mark or sign exists in the whole Union or in one or more Member States, and if so, an indication of those Member States;

(v) where the opposition is based on an earlier designation of origin or geographical indication within the meaning of Article 8(6) of Regulation (EU) 2017/1001, an indication of its nature, a representation of the earlier designation of origin or geographical indication, and an indication of whether it is protected in the whole Union or in one or more Member States, and if so, an indication of those Member States;

(c) the grounds on which the opposition is based by means of a statement to the effect that the requirements under Article 8(1), (3), (4), (5) or (6) of Regulation (EU) 2017/1001 in respect of each of the earlier marks or rights invoked by the opposing party are fulfilled;

(d) in the case of an earlier trade mark application or registration, the filing date and, where available, the registration date and the priority date of the earlier mark;

(e) in the case of earlier rights pursuant to Article 8(6) of Regulation (EU) 2017/1001, the date of application for registration or, if that date is not available, the date from which protection is granted;

(f) in the case of an earlier trade mark application or registration, a representation of the earlier mark as registered or applied for; if the earlier mark is in colour, the representation shall be in colour;

(g) an indication of the goods or services on which each of the grounds of the opposition is based;

(h) as concerns the opposing party:

(i) the identification of the opposing party in accordance with Article 2(1)(b) of Implementing Regulation (EU) 2018/626 [10];

(ii) where the opposing party has appointed a representative, or where representation is mandatory pursuant to 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;

(iii) where the opposition 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, a statement to that effect and indications concerning the authorisation or the entitlement to file the opposition;

(i) an indication of the goods or services against which the opposition is directed; in the absence of such an indication, the opposition shall be considered to be directed against all of the goods or services of the opposed EU trade mark application.

3. Where the opposition is based on more than one earlier mark or earlier right, paragraph 2 shall apply for each of those marks, signs, designations of origin or geographical indications.

4. The notice of opposition may also contain a reasoned statement on the grounds, the facts and arguments on which the opposition relies, and supporting evidence.

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[10] Commission Implementing Regulation (EU) 2018/626 of 5 March 2018 laying down detailed rules for implementing certain provisions of Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Implementing Regulation (EU) 2017/1431 (OJ L 104, 24.4.2018, p. 37).