Article 78

1. Where a notice of opposition against an international registration is entered at the Office pursuant to Article 196(2) of Regulation (EU) 2017/1001, or where an opposition is deemed to have been entered pursuant to Article 77(3) of this Regulation, the Office shall issue a notification of provisional refusal of protection based on an opposition to the International Bureau of the World Intellectual Property Organisation (‘the International Bureau’).

2. The notification of provisional refusal of protection based on an opposition shall contain:

(a) the number of the international registration;

(b) the indication that the refusal is based on the fact that an opposition has been filed, together with a reference to the provisions of Article 8 of Regulation (EU) 2017/1001 upon which the opposition relies;

(c) the name and the address of the opposing party.

3. Where the opposition is based on a trade mark application or registration, the notification referred to in paragraph 2 shall contain the following indications:

(a) the filing date, the registration date and the priority date, if any;

(b) the filing number and, the registration number, if different;

(c) the name and address of the owner;

(d) a reproduction of the mark;

(e) the list of goods or services upon which the opposition is based.

4. Where the provisional refusal relates to only part of the goods or services, the notification referred to in paragraph 2 shall indicate those goods or services.

5. The Office shall inform the International Bureau of the following:

(a) where as a result of the opposition proceedings the provisional refusal has been withdrawn, the fact that the mark is protected in the Union;

(b) where a decision to refuse protection of the mark has become final following an appeal pursuant to Article 66 of Regulation (EU) 2017/1001 or an action pursuant to Article 72 of Regulation (EU) 2017/1001, the fact that protection of the mark is refused in the Union;

(c) where the refusal referred to in point (b) concerns only part of the goods or services, the goods or services for which the mark is protected in the Union.

6. Where more than one provisional refusal has been issued for one international registration pursuant to Article 193(2) of Regulation (EU) 2017/1001 or paragraph 1 of this Article, the communication referred to in paragraph 5 of this Article shall relate to the total or partial refusal of protection of the mark pursuant to Articles 193 and 196 of Regulation (EU) 2017/1001.