Dutch Legislation

Chapter 12

in force

THE OFFICE

EU Trade Mark Regulation 2017/1001 (Verordening (EU) 2017/1001 (Uniemerk)) · Articles: 40

Section None

THE OFFICE

142 Article 142

1. The Office shall be an agency of the Union. It shall have legal personality.

143 Article 143

1. The Staff Regulations, the Conditions of Employment and the rules adopted by agreement between the institutions of the Union for giving effect to…

144 Article 144

The Protocol on the Privileges and Immunities of the Union shall apply to the Office and its staff.

145 Article 145

1. The contractual liability of the Office shall be governed by the law applicable to the contract in question.

146 Article 146

1. The application for an EU trade mark shall be filed in one of the official languages of the Union.

147 Article 147

1. An application for an EU trade mark, as described in Article 31(1), and all other information the publication of which is prescribed by this…

148 Article 148

The translation services required for the functioning of the Office shall be provided by the Translation Centre for the Bodies of the European Union.

149 Article 149

1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council (16) shall apply to documents held by the Office.

150 Article 150

The Office shall apply the security principles contained in the Commission's security rules for protecting European Union Classified Information…

151 Article 151

1. The Office shall have the following tasks:

152 Article 152

1. The Office and the central industrial property offices of the Member States and the Benelux Office for Intellectual Property shall cooperate with…

153 Article 153

1. Without prejudice to the functions attributed to the Budget Committee in Section 6, the Management Board shall have the following functions:

154 Article 154

1. The Management Board shall be composed of one representative of each Member State, two representatives of the Commission and one representative of…

155 Article 155

1. The Management Board shall elect a chairperson and a deputy chairperson from among its members. The deputy chairperson shall ex officio replace…

156 Article 156

1. Meetings of the Management Board shall be convened by its chairperson.

157 Article 157

1. The Office shall be managed by the Executive Director. The Executive Director shall be accountable to the Management Board.

158 Article 158

1. The Executive Director shall be engaged as a temporary agent of the Office under Article 2(a) of the Conditions of Employment.

159 Article 159

For taking decisions in connection with the procedures laid down in this Regulation, the following shall be competent:

160 Article 160

An examiner shall be responsible for taking decisions on behalf of the Office in relation to an application for registration of an EU trade mark…

161 Article 161

1. An Opposition Division shall be responsible for taking decisions on an opposition to an application to register an EU trade mark.

162 Article 162

1. The Department in charge of the Register shall be responsible for taking decisions in respect of entries in the Register.

163 Article 163

1. A Cancellation Division shall be responsible for taking decisions in relation to:

164 Article 164

Decisions required under this Regulation which do not fall within the competence of an examiner, an Opposition Division, a Cancellation Division or…

165 Article 165

1. The Boards of Appeal shall be responsible for deciding on appeals from decisions taken pursuant to Articles 160 to 164.

166 Article 166

1. The President of the Boards of Appeal and the chairpersons of the Boards shall be appointed, in accordance with the procedure laid down in Article…

167 Article 167

1. The Presidium shall comprise the President of the Boards of Appeal, who shall chair it, the chairmen of the Boards and Board members elected for…

168 Article 168

The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details concerning the organisation of the Boards…

169 Article 169

1. Examiners and members of the Divisions set up within the Office or of the Boards of Appeal may not take part in any proceedings if they have any…

170 Article 170

1. For the purposes of Article 151(3), the Office may establish a Mediation Centre (‘the Centre’).

171 Article 171

1. The Budget Committee shall have the functions assigned to it in this Section.

172 Article 172

1. Estimates of all the Office's revenue and expenditure shall be prepared for each financial year and shall be shown in the Office's budget. Each…

173 Article 173

1. The Executive Director shall draw up each year an estimate of the Office's revenue and expenditure for the following year and shall send it to the…

174 Article 174

1. An internal audit function shall be set up within the Office, to be performed in compliance with the relevant international standards. The…

175 Article 175

1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU, Euratom) No 883/2013 of the European…

176 Article 176

1. Not later than 31 March in each year the Executive Director shall transmit to the Commission, the European Parliament, the Budget Committee and…

177 Article 177

The Budget Committee shall, after consulting the Court of Auditors and the Commission, adopt internal financial provisions specifying, in particular…

178 Article 178

1. The Executive Director shall lay down the amount to be charged for any services rendered by the Office other than those set out in Annex I, as…

179 Article 179

1. Fees and charges due to the Office shall be paid by payment or transfer to a bank account held by the Office.

180 Article 180

1. In the cases referred to in the first subparagraph of Article 179(1), the date on which the payment shall be considered to have been made to the…

181 Article 181

1. A time limit for payment shall, in principle, be considered to have been observed only if the full amount of the fee has been paid in due time. If…