Article 77

1. Where an opposition is entered against an international registration designating the Union pursuant to Article 196 of Regulation (EU) 2017/1001, the notice of opposition shall contain:

(a) the number of the international registration against which opposition is entered;

(b) an indication of the goods or services listed in the international registration against which opposition is entered;

(c) the name of the holder of the international registration;

(d) the requirements laid down in Article 2(2)(b) to (h) of this Regulation.

2. Article 2(1), (3) and (4) and Articles 3 to 10 of this Regulation shall apply for the purposes of opposition proceedings relating to international registrations designating the Union, subject to the following conditions:

(a) any reference to an application for registration of the EU trade mark shall be read as a reference to an international registration;

(b) any reference to a withdrawal of the application for registration of the EU trade mark shall be read as a reference to the renunciation of the international registration in respect of the Union;

(c) any reference to the applicant shall be read as a reference to the holder of the international registration.

3. Where the notice of opposition is filed before the expiry of the period of one month referred to in Article 196(2) of Regulation (EU) 2017/1001, the notice of opposition shall be deemed to have been filed on the first day following the expiry of the period of one month.

4. Where the holder of the international registration is obliged to be represented in proceedings before the Office pursuant to Article 119(2) of Regulation (EU) 2017/1001, and where the holder of the international registration has not already appointed a representative within the meaning of Article 120(1) of Regulation (EU) 2017/1001, the communication of the opposition to the holder of the international registration pursuant to Article 6(1) of this Regulation shall contain a request for the appointment of a representative within the meaning of Article 120(1) of Regulation (EU) 2017/1001 within a time limit of two months of the date of notification of the communication.

Where the holder of the international registration fails to appoint a representative within that time limit, the Office shall take a decision refusing the protection of the international registration.

5. The opposition procedure shall be stayed where an ex officio provisional refusal of protection is issued pursuant to Article 193 of Regulation (EU) 2017/1001. Where the ex officio provisional refusal has led to a decision to refuse protection of the mark which has become final, the Office shall not proceed to a decision and refund the opposition fee and no decision on the apportionment of costs shall be taken.