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TABLE OF CONTENTS

EUROPEAN COMMUNITIES

Commission Regulation on the Community Trade Mark

Commission Regulation (EC) No.2868/95 of 13 December 1995 Implementing Council Regulation (EC) No.40/94 on the Community Trade Mark
ENTRY INTO FORCE: December 22, 1995


Preamble

ARTICLE 1

TITLE I APPLICATION PROCEDURE
Rule 1 Content of the application/ Rule 2 List of goods and services/ Rule 3 Representation of the mark/ Rule 4 Fees for the application/ Rule 5 Filing of the application/ 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 Examination of the conditions relating to the entitlement to be proprietor/ Rule 11 Examination as to absolute grounds for refusal/ Rule 12 Publication of the application/ Rule 13 Amendment of the application/ Rule 14 Correction of mistakes and errors in publications

TITLE II PROCEDURE FOR OPPOSITION AND PROOF OF USE
Rule 15 Contents of the notice of opposition/ Rule 16 Facts, evidence and arguments presented in support of the opposition/ Rule 17 Use of languages in opposition proceedings/ Rule 18 Rejection of notice of opposition as inadmissible/ Rule 19 Commencement of opposition proceedings/ Rule 20 Examination of opposition/ Rule 21 Multiple oppositions/ Rule 22 Proof of use

TITLE III REGISTRATION PROCEDURE
Rule 23 Registration of the trade mark/ Rule 24 Certificate of registration/ Rule 25 Alteration of the 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
Rule 29 Notification of expiry/ Rule 30 Renewal of registration

TITLE V TRANSFER, LICENCES 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 INVALIDITY
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

TITLE X APPEALS
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 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 and of evidence
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 Time limits
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 80 Communication by telecopier/ Rule 81 Communication by telex or telegram/ Rule 82 Communication by electronic means/ Rule 83 Forms
Part I Information of the public
Rule 84 Register of Community Trade Marks
Part J Community Trade Marks Bulletin and Official Journal of the Office
Rule 85 Community Trade Marks Bulletin/ Rule 86 Official Journal of the Office/ Rule 87 Data bank
Part K Inspection of files and keeping of files
Rule 88 Parts of the file excluded from inspection/ Rule 89 Procedures for the inspection of files/ Rule 90 Communication of information contained in the files/ Rule 91 Keeping of files
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 Certification of translations/ Rule 99 Legal authenticity of translations
Part O Organization of the Office
Rule 100 Allocation of duties

TITLE XII RECIPROCITY
Rule 101 Publication of reciprocity

ARTICLE 2 TRANSITIONAL PROVISIONS
ARTICLE 3 ENTRY INTO FORCE

[Last updated 1 April 2004]
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