Dutch Legislation

Chapter 9

in force

PROCEDURE

EU Trade Mark Regulation 2017/1001 (Verordening (EU) 2017/1001 (Uniemerk)) · Articles: 28

Section None

PROCEDURE

94 Article 94

1. Decisions of the Office shall state the reasons on which they are based. They shall be based only on reasons or evidence on which the parties…

95 Article 95

1. In proceedings before it the Office shall examine the facts of its own motion; however, in proceedings relating to relative grounds for refusal of…

96 Article 96

1. If the Office considers that oral proceedings would be expedient they shall be held either at the instance of the Office or at the request of any…

97 Article 97

1. In any proceedings before the Office, the means of giving or obtaining evidence shall include the following:

98 Article 98

1. The Office shall, as a matter of course, notify those concerned of decisions and summonses and of any notice or other communication from which a…

99 Article 99

Where the Office finds that the loss of any rights results from this Regulation or acts adopted pursuant to this Regulation, without any decision…

100 Article 100

1. Communications addressed to the Office may be effected by electronic means. The Executive Director shall determine to what extent and under which…

101 Article 101

1. Time limits shall be laid down in terms of full years, months, weeks or days. Calculation shall start on the day following the day on which the…

102 Article 102

1. The Office shall correct any linguistic errors or errors of transcription and manifest oversights in its decisions, or technical errors…

103 Article 103

1. Where the Office has made an entry in the Register or taken a decision which contains an obvious error attributable to the Office, it shall ensure…

104 Article 104

1. The applicant for or proprietor of an EU trade mark or any other party to proceedings before the Office who, in spite of all due care required by…

105 Article 105

1. An applicant for or proprietor of an EU trade mark or any other party to proceedings before the Office who has omitted to observe a time limit…

106 Article 106

1. Proceedings before the Office shall be interrupted:

107 Article 107

In the absence of procedural provisions in this Regulation or in acts adopted pursuant to this Regulation, the Office shall take into account the…

108 Article 108

1. Rights of the Office to the payment of a fee shall be extinguished after four years from the end of the calendar year in which the fee fell due.

109 Article 109

1. The losing party in opposition proceedings, proceedings for revocation, proceedings for a declaration of invalidity or appeal proceedings shall…

110 Article 110

1. Any final decision of the Office fixing the amount of costs shall be enforceable.

111 Article 111

1. The Office shall keep a Register of EU trade marks which it shall keep up to date.

112 Article 112

1. In addition to the obligation to keep a Register within the meaning of Article 111, the Office shall collect and store in an electronic database…

113 Article 113

1. The decisions of the Office shall be made available online for the information and consultation of the general public in the interest of…

114 Article 114

1. The files relating to EU trade mark applications which have not yet been published shall not be made available for inspection without the consent…

115 Article 115

1. The Office shall keep the files of any procedure relating to an EU trade mark application or EU trade mark registration. The Executive Director…

116 Article 116

1. The Office shall periodically publish:

117 Article 117

1. Unless otherwise provided in this Regulation or in national laws, the Office and the courts or authorities of the Member States shall on request…

118 Article 118

1. The Office and the central industrial property offices of the Member States shall despatch to each other on request and for their own use one or…

119 Article 119

1. Subject to the provisions of paragraph 2, no person shall be compelled to be represented before the Office.

120 Article 120

1. Representation of natural or legal persons before the Office may only be undertaken by:

121 Article 121

The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying: