Dutch Legislation

Chapter 2

in force

THE LAW RELATING TO TRADE MARKS

EU Trade Mark Regulation 2017/1001 (Verordening (EU) 2017/1001 (Uniemerk)) · Articles: 26

Section None

THE LAW RELATING TO TRADE MARKS

4 Article 4

An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods…

5 Article 5

Any natural or legal person, including authorities established under public law, may be the proprietor of an EU trade mark.

6 Article 6

An EU trade mark shall be obtained by registration.

7 Article 7

1. The following shall not be registered:

8 Article 8

1. Upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered:

9 Article 9

1. The registration of an EU trade mark shall confer on the proprietor exclusive rights therein.

10 Article 10

Where the risk exists that the packaging, labels, tags, security or authenticity features or devices or any other means to which the mark is affixed…

11 Article 11

1. The rights conferred by an EU trade mark shall prevail against third parties from the date of publication of the registration of the trade mark.

12 Article 12

If the reproduction of an EU trade mark in a dictionary, encyclopaedia or similar reference work gives the impression that it constitutes the generic…

13 Article 13

Where an EU trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the…

14 Article 14

1. An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

15 Article 15

1. An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European…

16 Article 16

1. In infringement proceedings, the proprietor of an EU trade mark shall not be entitled to prohibit the use of a later registered EU trade mark…

17 Article 17

1. The effects of EU trade marks shall be governed solely by the provisions of this Regulation. In other respects, infringement of an EU trade mark…

18 Article 18

1. If, within a period of five years following registration, the proprietor has not put the EU trade mark to genuine use in the Union in connection…

19 Article 19

1. Unless Articles 20 to 28 provide otherwise, an EU trade mark as an object of property shall be dealt with in its entirety, and for the whole area…

20 Article 20

1. An EU trade mark may be transferred, separately from any transfer of the undertaking, in respect of some or all of the goods or services for which…

21 Article 21

1. Where an EU trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the…

22 Article 22

1. An EU trade mark may, independently of the undertaking, be given as security or be the subject of rights in rem.

23 Article 23

1. An EU trade mark may be levied in execution.

24 Article 24

1. The only insolvency proceedings in which an EU trade mark may be involved are those opened in the Member State in the territory of which the…

25 Article 25

1. An EU trade mark may be licensed for some or all of the goods or services for which it is registered and for the whole or part of the Union. A…

26 Article 26

1. Article 20(5) and (6) and the rules adopted pursuant to it and Article 20(8) shall apply mutatis mutandis to the registration of a right in rem or…

27 Article 27

1. Legal acts referred to in Articles 20, 22 and 25 concerning an EU trade mark shall have effects vis-à-vis third parties in all the Member States…

28 Article 28

Articles 19 to 27 shall apply to applications for EU trade marks.

29 Article 29

1. A registration effected under Article 26(1) shall be cancelled or modified at the request of one of the persons concerned.