Implementing Regulations to the Community Trade Mark Regulation

Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark

 

Preamble

 

Article 1

The rules implementing the Regulation shall be as follows:

 

Title I - Application Procedure

 

Rule 1 - Content of the application

 

Rule 2 - List of goods and service [deleted]

 

Rule 3 - Representation of the mark

 

Rule 4 - Fees for the application [deleted]

 

Rule 5 - Filing of the application [deleted]

 

Rule 5a - Search report [deleted]

 

Rule 6 - Claiming priority

 

Rule 7 - Exhibition priority

 

Rule 8 - Claiming the seniority of a national trade mark

 

Rule 9 - Examination of requirements for a filing date and of formal requirements

 

Rule 10 - Searches by national offices

 

Rule 11 - Examination as to absolute grounds for refusal

 

Rule 12 - Publication of the application

 

Rule 13 - Amendment of the application

 

Rule 13a - Division of the application

 

Rule 14 - Correction of mistakes and errors in publications

 

 

Title II - Procedure for oppostion and proof of use

 

Rule 15 - Notice of opposition

 

Rule 16 - Use of languages in the notice of opposition

 

Rule 16a - Information of the applicant

 

Rule 17 - Examination of admissibility

 

Rule 18 - Commencement of opposition proceedings

 

Rule 19 - Substantiation of the opposition

 

Rule 20 - Examination of the opposition

 

Rule 21 - Multiple oppositions

 

Rule 22 - Proof of use

 

 

Title III - Registration Procedure

 

Rule 23 - Registration of the trade mark [deleted]

 

Rule 24 - Certificate of registration

 

Rule 25 - Alteration of the registration

 

Rule 25a - Division of a registration

 

Rule 26 - Change of the name or address of the proprietor of the Community trade mark or of his registered representative

 

Rule 27 - Correction of mistakes and errors in the register and in the publication of the registration

 

Rule 28 - Claiming seniority after registration of the Community trade mark

 

 

Title IV - Renewal [deleted]

 

Rule 29 - Notification of expiry [deleted]

 

Rule 30 - Renewal of registration [deleted]

 

 

Title V - Transfer, license and other rights, changes

 

Rule 31 - Transfer

 

Rule 32 - Partial Transfers

 

Rule 33 - Registration of licences and other rights

 

Rule 34 - Special provisions for the registration of a licence

 

Rule 35 - Cancellation or modification of the registration of licences and other rights

 

 

Title VI - Surrender

 

Rule 36 - Surrender

 

 

Title VII - Revocation and invalitiy

 

Rule 37 - Application for revocation or for a declaration of invalidity

 

Rule 38 - Languages used in revocation or invalidity proceedings

 

Rule 39 - Rejection of the application for revocation or for declaration of invalidity as inadmissible

 

Rule 40 - Examination of the application for revocation or for a declaration of invalidity

 

Rule 41 - Multiple applications for revocation or for a declaration of invalidity

 

 

Title VIII - Community collective marks

 

Rule 42 - Application of provisions

 

Rule 43 - Regulation governing Community collective marks

 

 

Title IX - Conversion

 

Rule 44 - Application for conversion

 

Rule 45 - Examination of application for conversion

 

Rule 46 - Publication of application for conversion

 

Rule 47 - Transmission to central industrial property offices of the Member States

 

Rule 48 - Content of the notice of appeal

 

Rule 49 - Rejection of the appeal as inadmissible

 

Rule 50 - Examination of appeals

 

Rule 51 - Reimbursement of appeal fees

 

 

Title XI - General provisions

 

Part A - Decisions and communications of the Office

 

Rule 52 - Form of decisions

 

Rule 53 - Correction of errors in decisions

 

Rule 53a - Revocation of a decision or entry in the Register

 

Rule 54 - Noting of loss of rights

 

Rule 55 - Signature, name, seal

 

 

Part B - Oral proceedings and taking of evidence

 

Rule 56 - Summons to oral proceedings

 

Rule 57 - Taking of evidence by the Office

 

Rule 58 - Commissioning of experts

 

Rule 59 - Costs of taking of evidence

 

Rule 60 - Minutes of oral proceedings

 

 

Part C - Notifications

 

Rule 61 - General provisions on notifications

 

Rule 62 - Notification by post

 

Rule 63 - Notification by hand delivery

 

Rule 64 - Notification by deposit in a post box at the Office

 

Rule 65 - Notification by telecopier and other technical means

 

Rule 66 - Public notification

 

Rule 67 - Notification to representatives

 

Rule 68 - Irregularities in notification

 

Rule 69 - Notification of documents in the case of several parties

 

 

Part D - Timelimits

 

Rule 70 - Calculation of time limits

 

Rule 71 - Duration of time limits

 

Rule 72 - Expiry of time limits in special cases

 

 

Part E - Interruption of proceedings

 

Rule 73 - Interruption of proceedings

 

 

Part F - Waiving of enforced recovery procedures

 

Rule 74 - Waiving of enforced recovery procedures

 

 

Part G - Representation

 

Rule 75 - Appointment of a common representative

 

Rule 76 - Authorizations

 

Rule 77 - Representation

 

Rule 78 - Amendment of the list of professional representatives

 

 

Part H - Written communications and forms

 

Rule 79 - Communication in writing or by other means

 

Rule 79a - Annexes to written communications

 

Rule 80 - Communication by telecopier

 

Rule 81 - expired

 

Rule 82 - Communication by electronic means

 

Rule 83 - Forms

 

 

Part I - Information of the public

 

Rule 84 - Register of Community Trade Marks [deleted]

 

 

Part J - Community Trade Marks Bulleting and Official Journal of the Office

 

Rule 85 - Community Trade Marks Bulletin

 

Rule 86 - Official Journal of the Office

 

Rule 87 - Data bank [deleted]

 

 

Part K - Inspection of files and keeping of files [deleted]

 

Rule 88 - Parts of the file excludedfrom inspection [deleted]

 

Rule 89 - Procedures for the inspection of files [deleted]

 

Rule 90 - Communication of information contained in the files [deleted]

 

Rule 91 - Keeping files [deleted]

 

 

Part L - Administrative cooperation

 

Rule 92 - Exchange of information and communications between the Office and the authorities of the Member States

 

Rule 93 - Inspection of files by or via courts or authorities of the Member States

 

 

Part M - Costs

 

Rule 94 - Apportionment and fixing of costs

 

 

Part N - Languages

 

Rule 95 - Applications and declarations

 

Rule 96 - Written proceedings

 

Rule 97 - Oral proceedings

 

Rule 98 - Translations

 

Rule 99 - Legal authenticity of translations

 

 

Part O - Organization of the Office

 

Rule 100 - Decisions taken by a single member

 

 

Title XII - Reciprocity

 

Rule 101 - Publication of reciprocity

 

 

Title XIII - Procedures concerning the international registration of marks

 

Part a - International registration on the basis of applications for a community trade mark and of community trade marks

 

Rule 102 - Filing of an international application

 

Rule 103 - Examination of international applications

 

Rule 104 - Forwarding of the international application

 

Rule 105 - Subsequent designations

 

Rule 106 - Dependence of the international registration on the basic application or registration

 

Rule 107 - Renewals

 

 

Part b - International registrations designating the European Community

 

Rule 108 - Seniority claimed in an international application

 

Rule 109 - Examination of seniority claims

 

Rule 110 - Seniority claimed before the Office

 

Rule 111 - Decisions affecting seniority claims

 

Rule 112 - Examination as to absolute grounds for refusal

 

Rule 113 - Notification of ex officio provisional refusals to the International Bureau

 

Rule 114 - Opposition proceedings

 

Rule 115 - Notification of provisional refusals based on an opposition

 

Rule 116 - Statement of grant of protection

 

Rule 117 - Notification of invalidation to the International Bureau

 

Rule 118 - Legal effect of registration of transfers

 

Rule 119 - Legal effect of registration of licenses and other rights

 

Rule 120 - Examination of requests for registrations of transfers, licenses or restrictions of the holder's right of disposal

 

Rule 121 - Collective marks

 

Rule 122 - Conversion of an international registration into a national trade mark application

 

Rule 123 - Conversion of an international registration into a designation of a Member State party to the Madrid Protocol or the Madrid Agreement

 

Rule 124 - Transformation of an international registration designating the European Community into a Community trade mark application

 

Rule 125 - Communications with the International Bureau and electronic forms

 

Rule 126 - Use of languages

 

 

Article 2 - Transitional Provisions

 

Article 3 - Entry into force

 

 

Disclaimer

Not in force anymore. Replaced by the EU Trade Mark Delegated Regulation and the Implementing Regulations to the EU Trade Mark Regulation. Text in force until 01-10-2017. The text can be verified at EUR-LEX