EU Trade Mark Regulation 2017
Print this pageRegulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark
Chapter I - General Provisions
Chapter 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 consists
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 an EU trade mark
Article 9 - Rights conferred by an EU trade mark
Article 10 - Right to prohibit preparatory acts in relation to the use of packaging or other means
Article 11 - Date from which rights against third parties prevail
Article 12 - Reproduction of an EU trade mark in a dictionary
Article 14 - Limitation of the effects of an EU trade mark
Article 15 - Exhaustion of the rights conferred by an EU trade mark
Article 17 - Complementary application of national law relating to infringement
Section 3 - Use of an EU trade mark
Article 18 - Use of an EU trade mark
Section 4 - EU trade marks as objects of property
Article 19 - Dealing with EU trade marks as national trade marks
Article 21 - Transfer of a trade mark registered in the name of an agent
Article 23 - Levy of execution
Article 24 - Insolvency proceedings
Article 26 - Procedure for entering licences and other rights in the Register
Article 27 - Effects vis-à-vis third parties
Article 28 - The application for an EU trade mark as an object of property
Chapter III - Application for EU trade marks
Section 1 - Filing of applications and the conditions which govern them
Article 30 - Filing of applications
Article 31 - Conditions with which applications must comply
Article 33 - Designation and classification of goods and services
Section 2 – Priority
Article 34 - Right of priority
Article 35 - Claiming priority
Article 36 - Effect of priority right
Article 37 - Equivalence of Union filing with national filing
Section 3 - Exhibition priority
Article 38 - Exhibition priority
Section 4 - Seniority of a national trade mark
Article 40 - Claiming seniority of a national trade mark after registration of an EU trade mark
Chapter IV - Registration procedure
Section 1 - Examination of applications
Article 41 - Examination of the conditions of filing
Article 42 - Examination as to absolute grounds for refusal
Section 2 – Search
Section 3 - Publication of the application
Article 44 - Publication of the application
Section 4 - Observations by third parties and opposition
Article 45 - Observations by third parties
Article 47 - Examination of opposition
Article 48 - Delegation of powers
Section 5 - Withdrawal, restriction, amendment and division of the application
Article 49 - Withdrawal, restriction and amendment of the application
Article 50 - Division of the application
Section 6 - Registration
Chapter V - Duration, renewal, alteration and division of EU trade marks
Article 52 - Duration of registration
Article 55 - Change of the name or address
Article 56 - Division of the registration
Chapter VI - Surrender, revocation and invalidity
Section 1 - Surrender
Section 2 - Grounds for revocation
Article 58 - Grounds for revocation
Section 3 - Grounds for invalidity
Article 59 - Absolute grounds for invalidity
Article 60 - Relative grounds for invalidity
Article 61 - Limitation in consequence of acquiescence
Section 4 - Consequences of revocation and invalidity
Article 62 - Consequences of revocation and invalidity
Section 5 - Proceedings in the office in relation to revocation or invalidity
Article 63 - Application for revocation or for a declaration of invalidity
Article 64 - Examination of the application
Article 65 - Delegation of powers
Chapter VII - Appeals
Article 66 - Decisions subject to appeal
Article 67 - Persons entitled to appeal and to be parties to appeal proceedings
Article 68 - Time limit and form of appeal
Article 69 - Revision of decisions in ex parte cases
Article 70 - Examination of appeals
Article 71 - Decisions in respect of appeals
Article 72 - Actions before the Court of Justice
Article 73 - Delegation of powers
Chapter VIII - Specific provisions on European Union collective marks and certification marks
Section 1 - EU collective marks
Article 74 - EU collective marks
Article 75 - Regulations governing use of an EU collective mark
Article 76 - Refusal of the application
Article 77 - Observations by third parties
Article 79 - Amendment of the regulations governing use of the EU collective mark
Article 80 - Persons who are entitled to bring an action for infringement
Article 81 - Grounds for revocation
Article 82 - Grounds for invalidity
Section 2 - EU certification marks
Article 83 - EU certification marks
Article 84 - Regulations governing use of an EU certification mark
Article 85 - Refusal of the application
Article 86 - Observations by third parties
Article 87 - Use of the EU certification mark
Article 88 - Amendment of the regulations governing use of the EU certification mark
Article 90 - Persons who are entitled to bring an action for infringement
Article 91 - Grounds for revocation
Article 92 - Grounds for invalidity
Chapter IX - Procedure
Section 1 - General provisions
Article 94 - Decisions and communications of the Office
Article 95 - Examination of the facts by the Office of its own motion
Article 97 - Taking of evidence
Article 99 - Notification of loss of rights
Article 100 - Communications to the Office
Article 102 - Correction of errors and manifest oversights
Article 103 - Revocation of decisions
Article 104 - Restitutio in integrum
Article 105 - Continuation of proceedings
Article 106 - Interruption of proceedings
Article 107 - Reference to general principles
Article 108 - Termination of financial obligations
Section 2 - Costs
Article 110 - Enforcement of decisions fixing the amount of costs
Section 3 - Information which may be made available to the public and to the authorities of the Member States
Article 111 - Register of EU trade marks
Article 113 - Online access to decisions
Article 114 - Inspection of files
Article 115 - Keeping of files
Article 116 - Periodical publications
Article 117 - Administrative cooperation
Article 118 - Exchange of publications
Section 4 - Representation
Article 119 - General principles of representation
Article 120 - Professional representatives
Article 121 - Delegation of powers
Chapter 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
Section 2 - Disputes concerning the infringement and validity of EU trade marks
Article 123 - EU trade mark courts
Article 124 - Jurisdiction over infringement and validity
Article 125 - International jurisdiction
Article 126 - Extent of jurisdiction
Article 127 - Presumption of validity — Defence as to the merits
Article 131 - Provisional and protective measures
Article 132 - Specific rules on related actions
Article 133 - Jurisdiction of EU trade mark courts of second instance — Further appeal
Section 3 - Other disputes concerning EU trade marks
Article 134 - Supplementary provisions on the jurisdiction of national courts other than EU trade mark courts
Article 135 - Obligation of the national court
Chapter 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 137 - Prohibition of use of EU trade marks
Article 138 - Prior rights applicable to particular localities
Section 3 - Conversion into a national trade mark application
Article 139 - Request for the application of national procedure
Article 140 - Submission, publication and transmission of the request for conversion
Article 141 - Formal requirements for conversion
Chapter XII - The office
Section 1 - General provisions
Article 144 - Privileges and immunities
Article 147 - Publication and entries in the Register
Article 148 - Translation services
Section 2 - Tasks of the office and cooperation to promote convergence
Article 151 - Tasks of the Office
Article 152 - Cooperation to promote convergence of practices and tools
Section 3 - Management Board
Article 153 - Functions of the Management Board
Article 154 - Composition of the Management Board
Article 155 - Chairperson of the Management Board
Section 4 - Executive Director
Article 157 - Functions of the Executive Director
Article 158 - Appointment and removal of the Executive Director and extension of term of office
Section 5 - Implementation of procedures
Article 161 - Opposition Divisions
Article 162 - Department in charge of the Register
Article 163 - Cancellation Divisions
Article 164 - General Competence
Article 165 - Boards of Appeal
Article 166 - Independence of the members of the Boards of Appeal
Article 167 - Presidium of the Boards of Appeal and Grand Board
Article 168 - Delegation of powers
Article 169 - Exclusion and objection
Article 170 - Mediation centre
Section 6 - Budget and financial control
Article 171 - Budget Committee
Article 173 - Preparation of the budget
Article 174 - Audit and control
Article 176 - Auditing of accounts
Article 177 - Financial provisions
Article 178 - Fees and charges and due date
Article 179 - Payment of fees and charges
Article 180 - Deemed date of payment
Article 181 - Insufficient payments and refund of insignificant amounts
Chapter XIII - International registration of marks
Section I - General provisions
Article 182 - Application of provisions
Section 2 - International registration on the basis of applications for an EU trade mark and of EU trade marks
Article 183 - Filing of an international application
Article 184 - Form and contents of the international application
Article 185 - Recordal in the files and in the Register
Article 186 - Notification of the invalidity of the basic application or registration
Article 187 - Request for territorial extension subsequent to international registration
Article 188 - International fees
Section 3 - International registrations designating the Union
Article 189 - Effects of international registrations designating the Union
Article 191 - Seniority claimed in an international application
Article 192 - Seniority claimed before the Office
Article 193 - Designation of goods and services and examination as to absolute grounds for refusal
Article 194 - Collective and certification marks
Article 197 - Replacement of an EU trade mark by an international registration
Article 198 - Invalidation of the effects of an international registration
Article 199 - Legal effect of registration of transfers
Article 200 - Legal effect of registration of licences and other rights
Article 203 - Use of a mark subject of an international registration
Article 205 - Communication with the International Bureau
Article 206 - Use of languages
Chapter XIV - Final provisions
Article 207 - Committee Procedure
Article 208 - Exercise of the delegation
Article 209 - Provisions relating to the enlargement of the Union
Article 210 - Evaluation and review
Article 212 - Entry into force
Annex I - Amount of fees
Annex II - Repealed Regulation with list of its successive amendments
Annex III - Correlation table
Text in force at 01-01-2020. The text can be verified at EUR-LEX. Titles of articles have been added for convenience, but are lacking in the official text, IP-PorTal.
