EU Trade Mark Regulation
Print this pageCouncil Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
Title I - General provisons
Title II - The law relating to trade marks
SECTION 1 - Definition of an EU trade mark and obtaining an EU trade mark
Article 4 - Signs of which an EU trade mark may consist
Article 5 - Persons who can be proprietors of EU trade marks
Article 6 - Means whereby an EU trade mark is obtained
Article 7 - Absolute grounds for refusal
Article 8 - Relative grounds for refusal
SECTION 2 - Effects of EU trade marks
Article 9 - Rights conferred by an EU trade mark
Article 9a - Right to prohibit preparatory acts in relation to the use of packaging or other means
Article 9b - Date from which rights against third parties prevail
Article 10 - Reproduction of EU trade marks in dictionaries
Article 12 - Limitation of the effects of an EU trade mark
Article 13 - Exhaustion of the rights conferred by an EU trade mark
Article 14 - Complementary application of national law relating to infringement
SECTION 3 - Use of EU trade marks
Article 15 - Use of EU trade marks
SECTION 4 - EU trade marks as objects of property
Article 16 - Dealing with EU trade marks as national trade marks
Article 18 - Transfer of a trade mark registered in the name of an agent
Article 20 - Levy of execution
Article 21 - Insolvency proceedings
Article 23 - Effects vis-à-vis third parties
Article 24 - The application for an EU trade mark as an object of property
Title III - Application for EU trade marks
SECTION 1 - Filing of applications and the conditions which govern them
Article 25 - Filing of applications
Article 26 - Conditions with which applications must comply
Article 28 - Designation and classification of goods and services
SECTION 2 - Priority
Article 29 - Right of priority
Article 30 - Claiming priority
Article 31 - Effect of priority right
Article 32 - Equivalence of Union filing with national filing
SECTION 3 - Exhibition priority
Article 33 - Exhibition priority
SECTION 4 - Claiming the seniority of a national trade mark
Article 34 - Claiming the seniority of a national trade mark
Article 35 - Claiming seniority after registration of the EU trade mark
Title IV - Registration procedure
SECTION 1 - Examination of applications
Article 36 - Examination of the conditions of filing
Article 37 - Examination as to absolute grounds for refusal
SECTION 2 - Search
SECTION 3 - Publication of the application
Article 39 - Publication of the application
SECTION 4 - Observations by third parties and opposition
Article 40 - Observations by third parties
Article 42 - Examination of opposition
Article 42a - Delegation of powers
SECTION 5 - Withdrawal, restriction, amendment and division of the application
Article 43 - Withdrawal, restriction and amendment of the application
Article 44 - Division of the application
SECTION 6 - Registration
Title V - Duration, renewal, alteration and division of EU trade marks
Article 46 - Duration of registration
Article 48a - Change of the name or address
Article 49 - Division of the registration
Title VI - Surrender, revocation and invalidity
SECTION 1 - Surrender
SECTION 2 - Grounds for revocation
Article 51 - Grounds for revocation
SECTION 3 - Grounds for invalidity
Article 52 - Absolute grounds for invalidity
Article 53 - Relative grounds for invalidity
Article 54 - Limitation in consequence of acquiescence
SECTION 4 - Consequences of revocation and invalidity
Article 55 - Consequences of revocation and invalidity
SECTION 5 - Proceedings in the Office in relation to revocation or invalidity
Article 56 - Application for revocation or for a declaration of invalidity
Article 57 - Examination of the application
Article 57a - Delegation of powers
Title VII - Appeals
Article 58 - Decisions subject to appeal
Article 59 - Persons entitled to appeal and to be parties to appeal proceedings
Article 60 - Time limit and form of appeal
Article 61 - Revision of decisions in ex parte cases
Article 62 - Revision of decisions in inter partes cases [deleted]
Article 63 - Examination of appeals
Article 64 - Decisions in respect of appeals
Article 65 - Actions before the Court of Justice
Article 65a - Delegation of powers
Title VIII - Specific provisions on European Union collective marks and certification marks
SECTION 1 - EU collective marks
Article 66 - EU collective marks
Article 67 - Regulations governing use of the mark
Article 68 - Refusal of the application
Article 69 - Observations by third parties
Article 71 - Amendment of the regulations governing use of the mark
Article 72 - Persons who are entitled to bring an action for infringement
Article 73 - Grounds for revocation
Article 74 - Grounds for invalidity
SECTION 2 - EU certification marks
Article 74a - EU certification marks
Article 74b - Regulations governing use of the EU certification mark
Article 74c - Refusal of the application
Article 74d - Observations by third parties
Article 74e - Use of the EU certification mark
Article 74f - Amendment of the regulations governing use of the mark
Article 74h - Persons who are entitled to bring an action for infringement
Article 74i - Grounds for revocation
Article 74j - Grounds for invalidity
Title IX - Procedure
SECTION 1 - General provisions
Article 75 - Statement of reasons on which decisions are based
Article 76 - Examination of the facts by the Office of its own motion
Article 78 - Taking of evidence
Article 79a - Notification of loss of rights
Article 79b - Communications to the Office
Article 80 - Revocation of decisions
Article 81 - Restitutio in integrum
Article 82 - Continuation of proceedings
Article 82a - Interruption of proceedings
Article 83 - Reference to general principles
Article 84 - Termination of financial obligations
SECTION 2 - Costs
Article 86 - Enforcement of decisions fixing the amount of costs
SECTION 3 - Information which may be made available to the public and of the authorities of the Member States
Article 87 - Register of EU trade marks
Article 87b - Online access to decisions
Article 88 - Inspection of files
Article 88a - Keeping of files
Article 89 - Periodical publications
Article 90 - Administrative cooperation
Article 91 - Exchange of publications
SECTION 4 - Representation
Article 92 - General principles of representation
Article 93 - Professional representatives
Article 93a - Delegation of powers
Title X - Jurisdiction and procedure in legal actions relating to EU trade marks
SECTION 1 - Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Article 94 - Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
SECTION 2 - Disputes concerning the infringement and validity of EU trade marks
Article 95 - EU trade mark courts
Article 96 - Jurisdiction over infringement and validity
Article 97 - International jurisdiction
Article 98 - Extent of jurisdiction
Article 99 - Presumption of validity — Defence as to the merits
Article 103 - Provisional and protective measures
Article 104 - Specific rules on related actions
Article 105 - Jurisdiction of EU trade mark courts of second instance — Further appeal
SECTION 3 - Other disputes concerning EU trade marks
Article 107 - Obligation of the national court
SECTION 4 - Transitional provision [deleted]
Article 108 - Transitional provision relating to the application of the Convention on Jurisdiction and Enforcement [deleted]
Title XI - Effects on the laws of the member states
SECTION 1 - Civil actions on the basis of more than one trade mark
SECTION 2 - Application of national laws for the purpose of prohibiting the use of EU trade marks
Article 110 - Prohibition of use of EU trade marks
Article 111 - Prior rights applicable to particular localities
SECTION 3 - Conversion into a national trade mark application
Article 112 - Request for the application of national procedure
Article 113 - Submission, publication and transmission of the request for conversion
Article 114 - Formal requirements for conversion
Title XII - The Office
SECTION 1 - General provisions
Article 117 - Privileges and immunities
Article 120 - Publication and entries in the Register
Article 122 - Control of legality [deleted]
SECTION 1a - Tasks of the Office and cooperation to promote convergence
Article 123b - Tasks of the Office
Article 123c - Cooperation to promote convergence of practices and tools
SECTION 2 - Management Board
Article 124 - Functions of the Management Board
Article 125 - Composition of the Management Board
Article 126 - Chairperson of the Management Board
SECTION 3 - Executive Director
Article 128 - Functions of the Executive DIrector
Article 129 - Appointment and removal of the Executive Director and extension of term of office
SECTION 4 - Implementation of procedures
Article 132 - Opposition Divisions
Article 133 - Department in charge of the Register
Article 134 - Cancellation Divisions
Article 134a - General Competence
Article 135 - Boards of Appeal
Article 136 - Independence of the members of the Boards of Appeal
Article 136a - Presidium of the Boards of Appeal and Grand Board
Article 136b - Delegation of powers
Article 137 - Exclusion and objection
Article 137a - Mediation centre
SECTION 5 - Budget and financial control
Article 138 - Budget Committee
Article 140 - Preparation of the budget
Article 141 - Audit and control
Article 141a - Combating fraud
Article 142 - Auditing of accounts
Article 143 - Financial provisions
Article 144 - Fees and charges and due date
Article 144a - Payment of fees and charges
Article 146 - Filing of an international application
Article 147 - Form and contents of the international application
Article 148 - Recordal in the files and in the Register
Article 148a - Notification of the invalidity of the basic application or registration
Article 149 - Request for territorial extension subsequent to the international registration
Article 150 - International fees
SECTION 3 - International registrations designating the Union
Article 151 - Effects of international registrations designating the Union
Article 153a - Seniority claimed before the Office
Article 154 - Designation of goods and services and examination as to absolute grounds for refusal
Article 154a - Collective and certification marks
Article 157 - Replacement of an EU trade mark by an international registration
Article 158 - Invalidation of the effects of an international registration
Article 158a - Legal effect of registration of transfers
Article 158b - Legal effect of registration of licences and other rights
Article 160 - Use of a mark subject of an international registration
Article 161a - Communication with the International Bureau
Article 161b - Use of languages
Title XIV - Final provisions
Article 162 - Community implementing provisions [deleted]
Article 163 - Committee Procedure
Article 163a - Exercise of the delegation
Article 164 - Compatibility with other Community legal provisions [deleted]
Article 165 - Provisions relating to the enlargement of the Union
Article 165a - Evaluation and review
Article 167 - Entry into force
No longer in force. Replaced by the EU Trade Mark Regulation 2017. Text in force until 10-01-2017. The text can be verified at EUR-Lex.
