Chapter 2
in forceTHE LAW RELATING TO TRADE MARKS
Section None
THE LAW RELATING TO TRADE MARKS
An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods…
Any natural or legal person, including authorities established under public law, may be the proprietor of an EU trade mark.
An EU trade mark shall be obtained by registration.
1. The following shall not be registered:
1. Upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered:
1. The registration of an EU trade mark shall confer on the proprietor exclusive rights therein.
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…
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.
If the reproduction of an EU trade mark in a dictionary, encyclopaedia or similar reference work gives the impression that it constitutes the generic…
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…
1. An EU trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:
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…
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…
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…
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…
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…
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…
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…
1. An EU trade mark may, independently of the undertaking, be given as security or be the subject of rights in rem.
1. An EU trade mark may be levied in execution.
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…
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…
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…
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…
Articles 19 to 27 shall apply to applications for EU trade marks.
1. A registration effected under Article 26(1) shall be cancelled or modified at the request of one of the persons concerned.