Article 73

1.  Where there is more than one applicant and the application for an EU trade mark does not name a common representative, the first applicant named in the application having its domicile or principal place of business or a real and effective industrial or commercial establishment in the EEA, or its representative if appointed, shall be considered to be the common representative. Where all of the applicants are obliged to appoint a professional representative, the professional representative who is named first in the application shall be considered to be the common representative. This shall apply mutatis mutandis to third parties acting jointly in filing notice of opposition or applying for revocation or for a declaration of invalidity and to joint proprietors of an EU trade mark.

2. Where, during the course of proceedings, transfer is made to more than one person and those persons have not appointed a common representative, paragraph 1 shall apply. Where such an appointment is not possible, the Office shall require those persons to appoint a common representative within two months. If that request is not complied with, the Office shall appoint the common representative.