EUROPEAN COMMUNITIES Council Regulation on the Community Trade Mark

HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems >

TABLE OF CONTENTS

EUROPEAN COMMUNITIES

Council Regulation on the Community Trade Mark

Council Regulation (EC) No.40/94 of 20 December 1993 on the Community Trade Mark, as amended by Council Regulation (EC) No.3288/94 of 22 December 1994 for the Implementation of the Agreements Concluded in the Framework of the Uruguay Round
ENTRY INTO FORCE: January 1, 1995
(applicable as of January 1, 1996)

Preamble

TITLE I GENERAL PROVISIONS
Article 1 Community trade mark/ Article 2 Office/ Article 3 Capacity to act

TITLE II THE LAW RELATING TO TRADEMARKS
Section 1 Definition of a Community Trade Mark and Obtaining a Community Trade Mark
Article 4 Signs of which a Community trade mark may consist/ Article 5 Persons who can be proprietors of Community trade marks/ Article 6 Means whereby a Community trade mark is obtained/ Article 7 Absolute grounds for refusal/ Article 8 Relative grounds for refusal
Section 2 Effects of Community Trade Marks
Article 9 Rights conferred by a Community trade mark/ Article 10 Reproduction of Community trade marks in dictionaries/ Article 11 Prohibition on the use of a Community trade mark registered in the name of an agent or representative/ Article 12 Limitation of the effects of a Community trade mark/ Article 13 Exhaustion of the rights conferred by a Community trade mark/ Article 14 Complementary application of national law relating to infringement
Section 3 Use of Community Trade Marks
Article 15 Use of Community trade marks
Section 4 Community Trade Marks as Objects of Property
Article 16 Dealing with Community trade marks as national trade marks/ Article 17 Transfer/ Article 18 Transfer of a trade mark registered in the name of an agent/ Article 19 Rights in rem/ Article 20 Levy of execution/ Article 21 Bankruptcy or like proceedings/ Article 22 Licensing/ Article 23 Effects vis-à-vis third parties/ Article 24 The application for a Community trade mark as an object of property

TITLE III APPLICATION FOR COMMUNITY 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 27 Date of filing/ Article 28 Classification
Section 2 Priority
Article 29 Right of priority/ Article 30 Claiming priority/ Article 31 Effect of priority right/ Article 32 Equivalence of Community 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 Community trade mark

TITLE IV REGISTRATION PROCEDURE
Section 1 Examination of Applications
Article 36 Examination of the conditions of filing/ Article 37 Examination of the conditions relating to the entitlement of the proprietor/ Article 38 Examination as to absolute grounds for refusal
Section 2 Search
Article 39 Search
Section 3 Publication of the Application
Article 40 Publication of the application
Section 4 Observations by Third Parties and Opposition
Article 41 Observations by third parties/ Article 42 Opposition/ Article 43 Examination of opposition
Section 5 Withdrawal, Restriction and Amendment of the Application
Article 44 Withdrawal, restriction and amendment of the application
Section 6 Registration
Article 45 Registration

TITLE V DURATION, RENEWAL AND ALTERATION OF COMMUNITY TRADE MARKS
Article 46 Duration of registration/ Article 47 Renewal/ Article 48 Alteration

TITLE VI SURRENDER, REVOCATION AND INVALIDITY
Section 1 Surrender
Article 49 Surrender
Section 2 Grounds for Revocation
Article 50 Grounds for revocation
Section 3 Grounds for Invalidity
Article 51 Absolute grounds for invalidity/ Article 52 Relative grounds for invalidity/ Article 53 Limitation in consequence of acquiescence
Section 4 Consequences of Revocation and Invalidity
Article 54 Consequences of revocation and invalidity
Section 5 Proceedings in the Office in Relation to Revocation or Invalidity
Article 55 Application for revocation or for a declaration of invalidity/ Article 56 Examination of the application

TITLE VII APPEALS
Article 57 Decisions subject to appeal/ Article 58 Persons entitled to appeal and to be parties to appeal proceedings/ Article 59 Time limit and form of appeal/ Article 60 Interlocutory revision/ Article 61 Examination of appeals/ Article 62 Decisions in respect of appeals/ Article 63 Actions before the Court of Justice

TITLE VIII COMMUNITY COLLECTIVE MARKS
Article 64 Community collective marks/ Article 65 Regulations governing use of the mark/ Article 66 Refusal of the application/ Article 67 Observations by third parties/ Article 68 Use of marks/ Article 69 Amendment to the regulations governing use of the mark/ Article 70 Persons who are entitled to bring an action for infringement/ Article 71 Grounds for revocation/ Article 72 Grounds for invalidity

TITLE IX PROCEDURE
Section 1 General Provisions
Article 73 Statement of reasons on which decisions are based/ Article 74 Examination of the facts by the Office of its own motion/ Article 75 Oral proceedings/ Article 76 Taking of evidence/ Article 77 Notification/ Article 78 Restitutio in integrum/ Article 79 Reference to general principles/ Article 80 Termination of financial obligations
Section 2 Costs
Article 81 Costs/ Article 82 Enforcement of decisions fixing the amount of costs
Section 3 Information of the Public and of the Official Authorities of the Member States
Article 83 Register of Community trade marks/ Article 84 Inspection of files/ Article 85 Periodical publications/ Article 86 Administrative cooperation/ Article 87 Exchange of publications
Section 4 Representation
Article 88 General principles of representation/ Article 89 Professional representatives

TITLE X JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO COMMUNITY TRADE MARKS
Section 1 Application of the Convention on Jurisdiction and Enforcement
Article 90 Application of the Convention on Jurisdiction and Enforcement
Section 2 Disputes Concerning the Infringement and Validity of Community Trade Marks
Article 91 Community trade mark courts/ Article 92 Jurisdiction over infringement and validity/ Article 93 International jurisdiction/ Article 94 Extent of jurisdiction/ Article 95 Presumption of validity -Defence as to the merits/ Article 96 Counterclaims/ Article 97 Applicable law/ Article 98 Sanctions/ Article 99 Provisional and protective measures/ Article 100 Specific rules on related actions/ Article 101 Jurisdiction of Community trade mark courts of second instance - Further appeal
Section 3 Other Disputes Concerning Community Trade Marks
Article 102 Supplementary provisions on the jurisdiction of national courts other than Community trade mark courts/ Article 103 Obligations of the national court
Section 4 Transitional Provision
Article 104 Transitional provision relating to the application of the Convention on Jurisdiction and Enforcement

TITLE XI EFFECTS ON THE LAWS OF THE MEMBER STATES
Section 1 Civil Actions on the Basis of More Than One Trade Mark
Article 105 Simultaneous and successive civil actions on the basis of Community trade marks and national trade marks
Section 2 Application of National Laws for the Purpose of Prohibiting the Use of Community Trade Marks
Article 106 Prohibition of use of Community trade marks/ Article 107 Prior rights applicable to particular localities
Section 3 Conversion into a National Trade Mark Application
Article 108 Request for the application of national procedure/ Article 109 Submission, publication and transmission of the request for conversion/ Article 110 Formal requirements for conversion

TITLE XII THE OFFICE
Section 1 General Provisions
Article 111 Legal status/ Article 112 Staff/ Article 113 Privileges and immunities/ Article 114 Liability/ Article 115 Languages/ Article 116 Publication; entries in the Register/ Article 117/ Article 118 Control of legality
Section 2 Management of the Office
Article 119 Powers of the President/ Article 120 Appointment of senior officials
Section 3 Administrative Board
Article 121 Creation and powers/ Article 122 Composition/ Article 123 Chairmanship/ Article 124 Meetings
Section 4 Implementation of Procedures
Article 125 Competence/ Article 126 Examiners/ Article 127 Opposition Divisions/ Article 128 Administration of Trade Marks and Legal Division/ Article 129 Cancellation Divisions/ Article 130 Boards of Appeal/ Article 131 Independence of the members of the Boards of Appeal/ Article 132 Exclusion and objection
Section 5 Budget and Financial Control
Article 133 Budget Committee/ Article 134 Budget/ Article 135 Preparation of the budget/ Article 136 Financial control/ Article 137 Auditing of accounts/ Article 138 Financial provisions/ Article 139 Fees regulations

TITLE XIII FINAL PROVISIONS
Article 140 Community implementing provisions/ Article 141 Establishment of a committee and procedure for the adoption of implementing regulations/ Article 142 Compatibility with other Community legal provisions/ Article 143 Entry into force

[Last updated 1 April 2004]

HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems >