COMMI SSION IMPLEMENTING REGUL ATION (EU) 2017/1431 
of 18 May 2017 
laying down deta iled rules for implementing certain provisions of Council Regulation (EC) 
No 207/2009 on the European Union trade mark 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regard to Council Regulation (EC) No 207/2009 of 26 Febr uary 2009 on the European Union trade mark (1), 
and in particular Article 17(5b), Article 26(4), Article 30(2), Article 33(4), Article 34(5), Article 39(5), Article 44(9), 
Article 45(3), the second subparagraph of Article 48(3), Article 48a(1), Article 49(8), Article 50(5), Article 67(3), 
Article 74b(3), the first subparagraph of Article 85(1a), Article 89(4), Article 90(3), Article 113(6), Article 119(10), the 
second subparagraph of Article 132(2), Article 147(9), Article 148a(2), Article 149(2), Article 153a(6), Article 154(8), 
Article 158(4), Article 159(10) and Article 161(6) thereof, 
Whereas: 
(1)  Council Regulation (EC) No 40/94 (2), which was codifie d as Regulation (EC) No 207/2009, creat ed a system 
specific to the Union for the protection of trade marks to be obtained at the level of the Union on the basis of an 
application to the European Union Intellectual Proper ty Offi ce (‘the Offi ce’). 
(2)  Regulation (EU) 2015/2424 of the European Parliament and the Council (3) aligns the powers conferred upon the 
Commission under Regulation (EC) No 207/2009 to Articles 290 and 291 of the Treaty on the Functioning of 
the European Union. In order to conf orm with the new lega l framework resulting from that alignment, certain 
rules should be adopt ed by means of implementing and delegat ed acts. The new rules should replace the existing 
rules whic h are laid down in Commission Regulation (EC) No 2868/95 (4) and aim at implementing Regulation  
(EC) No 207/2009. 
(3)  In the interest of clarity, legal certainty and efficiency , and with a view to facilitating the filing of EU trade mark 
applications, it is of essential impor tance to specify , in a clear and exhaustive manner while avoiding unnecessar y 
administrative burdens, the mandat ory and optional particulars to be contained in an application for an EU trade 
mark. 
(4)  Regulation (EC) No 207/2009 no longer requires the representation of a mark to be graphic, as long as it enables 
the compet ent author ities and the public to determine with clarity and precision the subject matter of prot ection. 
It is theref ore necessar y, in order to ensure legal certainty , to clearly affir m that the precise subject matter of the 
excl usive right conferred by the registration is defined by the representation. The representation should, 
where appropr iate, be compl emented by an indication of the type of the mark concer ned. It may be 
compl emented by a descr iption of the sign in appropr iate cases. Such an indication or descr iption should accord 
with the representation. 
(5)  Moreo ver, in order to ensure consiste ncy in the process of filing an EU trade mark application and in order to 
enhance the effectiveness of clearance searc hes, it is appropr iate to establish general principles to which the 
representation of ever y mark must conf orm, as well as lay down specifi c rules and requirements for the represen ­
tation of certain types of trade mark, in accordance with the trade mark's specifi c nature and attributes. 
(6)  The introduction of technical alternatives to graphic representation, in line with new technologies, derives from 
the necessity of moder nisation, bringing the registration process closer to technical developments. At the same 8.8.2017 L 205/39 Official Jour nal of the European Union EN     
(1)OJ L 78, 24.3.2009, p. 1. 
(2)Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1). 
(3)Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) 
No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) 
No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for 
Harmonization in the Intern al Market (Trade Marks and Designs) (OJ L 341, 24.12.2015, p. 21). 
(4)Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community 
trade mark (OJ L 303, 15.12.1995, p. 1). time, the technical specifi cations for filing a representation of the trade mark, including representations filed elec­
tronically , should be laid down with a view to ensur ing that the EU trade mark system remains interoperable 
with the system established by the Protocol relating to the Madr id Agreement concer ning the international 
registration of marks , adopt ed at Madr id on 27 June 1989 (1) (Madr id Protocol). In accordance with Regulation  
(EC) No 207/2009, and for the sake of increased flexibility and quic ker adapta tion to technological advances, it 
should be left to the Executive Direct or of the Office to lay down the technical specific ations for marks filed elec­
tronically . 
(7)  It is appropr iate to streamline proceedings so as to reduce administrative burdens in the filing and process of 
priority and senior ity claims. It should theref ore not be necessar y any more to submit certified copies of the 
previous application or registration. Further more, the Offi ce should no long er be required to include a copy of 
the prior trade mark application in the file in the case of a priority claim. 
(8)  Follo wing the abolition of the requirement of a graphic representation of a trade mark, certain types of trade 
marks can be represented in electronic format and according ly, their publication using conven tional means is no 
long er suitable. In order to guarant ee the publication of all the information concer ning an application, whic h is 
required for reasons of transparency and legal certainty , access to the representation of the trade mark by way of 
a link to the Office's electronic register should be recognised as a valid form of representation of the sign for 
publication purposes. 
(9)  For the same reasons, it should also be permissible for the Office to issue certificates of registration in which the 
reproduction of the trade mark is substituted by an electronic link . Further more, for certificates issued after the 
registration, and to cater for requests made at a time when registration particulars may have chang ed, it is 
appropr iate to provide for the possibility of issuing updat ed versions of the certificate, where relevant subsequent 
entr ies in the registe r are indicated . 
(10)  Practical exper ience in applying the former regime revealed the need of clarifying certain provisions, in particular 
in relation to partial transfers and partial surrenders, in order to ensure clarity and legal certainty . 
(11)  In order to ensure legal certainty , while keeping a certain level of flexibility , it is necessar y to establish 
a minimum conte nt of the regulations governing the use of EU Collective marks and of EU Certification marks 
submitte d pursuant to Regulation (EC) No 207/2009, with the purpose of enabling mark et operat ors to avail 
themselves of this new type of trade mark protection. 
(12)  Maximum rates for representation costs incur red by the successful party to proceedings before the Offi ce should 
be specifi ed, taking into account the need to ensure that the oblig ation to bear the costs may not be misused, 
inter alia, for tactical reasons by the other party. 
(13)  For reasons of efficiency , electronic publications by the Offi ce should be allowed. 
(14)  It is necessar y to ensure an effective and efficient exchange of information between the Offi ce and the author ities 
of the Member States in the cont ext of administrative cooperation, taking appropr iate account of the restr ictions 
to which the inspection of files is subject. 
(15)  The requirements concer ning requests for conversion should ensure a smooth and effective interface between the 
EU trade mark system and the national trade mark systems. 
(16)  In order to streamline proceedings before the Offi ce, it should be possible to limit the submission of translations 
to those parts of documents that are relevant to the proceedings. For the same purpose, the Office should be 
author ised to require proof that a translation corresponds to the original only in the event of doubt. 
(17)  For reasons of efficiency , certain decisions of the Office in relation to oppositions or applications for the 
revocati on or a declaration of invalidity of an EU trade mark should be taken by a sing le member . 
(18)  Due to the accession of the Union to the Madr id Protocol , it is necessar y that the detailed requirements 
governing the procedures concer ning the intern ational registration of marks be entirely consiste nt with the rules 
of that Prot ocol. 8.8.2017 L 205/40 Official Jour nal of the European Union EN     
(1)OJ L 296, 14.11.2003, p. 22. (19)  The detailed rules laid down in this Regulation relat e to provisions of Regulation (EC) No 207/2009 that have 
been amended by Regulation (EU) 2015/2424 with effect from 1 Octobe r 2017. It is theref ore necessar y to defe r 
the applicability of those rules until the same date. At the same time, certain proceedings initiate d before that 
date should continue to be governed until their conclusion by specifi c provisions of Regulation (EC) No 2868/95. 
(20) The measures provided for in this Regulation are in accordance with the opinion of the Committ ee on Implemen ­
tation Rules, 
HAS ADOPTED THIS REGUL ATION: 
TITLE I 
GENERAL PROVISIONS 
Article 1 
Subject matter 
This Regulation lays down rules specifying: 
(a)  the details to be contained in an application for an EU trade mark to be filed at the European Union Intellectual 
Proper ty Office (‘the Office’); 
(b)  the documentation required for claiming the priority of a previous application and for claiming senior ity, and the 
evidence to be filed for claiming an exhibition priority; 
(c)  the details to be contained in the publication of an application for an EU trade mark; 
(d)  the content of a declaration of division of an application, how the Offi ce has to process such a declaration, and the 
details to be contained in the publication of the divisional application; 
(e)  the content and form of the certificate of registration; 
(f)  the content of a declaration of division of a registration and how the Office has to process such a declaration; 
(g)  the details to be contained in requests for alter ation and for the chang e of name or address; 
(h)  the content of an application for registration of a transfer , the documentation required to establish a transfer , and 
how to process applications for partial transfers; 
(i)  the details to be contained in a declaration of surrender and the required documentation to establish a third party's 
agreement ; 
(j)  the details to be contained in the regulations governing use of an EU collective mark and those governing use of an 
EU certification mark; 
(k)  the maximum rates for costs essential to proceedings and actually incur red; 
(l)  certain details concer ning publications in the European Union Trade Marks Bulletin and the Offi cial Jour nal of the 
Offi ce; 
(m)  the detailed arrang ements as to how the Offi ce and the author ities of the Member States are to exchange 
information between each other and open files for inspection; 
(n)  the details to be contained in requests for convers ion and in the publication of a request for conversion; 
(o)  the extent to whic h suppor ting documents to be used in written proceedings before the Offi ce may be filed in any 
official language of the Union, the need to supply a translation and the requisit e standards of translations; 
(p)  the decisions to be take n by sing le members of the opposition and cancellation division; 8.8.2017 L 205/41 Official Jour nal of the European Union EN     (q)  concer ning the intern ational registration of marks : 
(i)  the form to be used for the filing of an internati onal application; 
(ii)  the facts and decisions of inva lidity to be notified to the International Bureau and the relevant time of such 
notific ation; 
(iii)  the detailed requirements regarding requests for territorial extensi on subsequent to intern ational registration; 
(iv)  the details to be contained in a senior ity claim for an international registration and the details of the 
information to be notified to the Intern ational Bureau; 
(v)  the details to be contained in the notifi cation of ex officio provisional refusal of prote ction to be sent to the 
Internati onal Bureau; 
(vi)  the details to be contained in the final grant or refusal of prot ection; 
(vii)  the details to be contained in the notifi cation of inva lidation; 
(viii)  the details to be contained in the requests for conversion of an internatio nal registration and in the 
publication of such requests; 
(ix)  the details to be contained in an application for transf ormation. 
TITLE II 
APPLIC ATION PROCEDURE 
Article 2 
Content of the application 
1. The application for an EU trade mark shall contain: 
(a)  a request for registration of the trade mark as an EU trade mark; 
(b)  the name and address of the applicant and the State in whic h that applicant is domiciled or has a seat or an 
establishment. Names of natural persons shall be indicated by the person's family name(s) and given name(s). Names 
of legal entities, as well as bodies falling under Article 3 of Regulation (EC) No 207/2009, shall be indicated by their 
official designation and include the legal form of the entity , whic h may be abbreviate d in a customary manner . The 
compan y's national identif ication number may also be specifi ed if available. The Offi ce may require the applicant to 
provide telephone numbers or other contact details for communication by electronic means as defined by the 
Executive Director . Only one address shall, in principle, be indicate d for each applicant. Where several addresses are 
indicated , only the address mentioned first shall be taken into account, excep t where the applicant designates one of 
the addresses as an address for service. Where an identif ication number has already been given by the Office, it shall 
be suffi cient for the applicant to indicate that number and the name of the applicant ; 
(c)  a list of the goods or services for whic h the trade mark is to be registered, in accordance with Article 28(2) of 
Regulation (EC) No 207/2009. That list may be select ed, in whole or in part, from a database of acceptable term s 
made available by the Office; 
(d)  a representation of the trade mark in accordance with Article 3 of this Regulation; 
(e)  where the applicant has appointed a representative, the name and business address of that representative or the 
identif ication number in accordance with point (b); where the representative has more than one business address or 
where there are two or more representatives with differ ent business addresses, only the first-mentioned address shall 
be taken into account as an address for service unless the application indicate s whic h address is to be used as an 
address for service; 
(f)  where the priority of a previous application is claimed pursuant to Article 30 of Regulation (EC) No 207/2009, 
a declaration to that effect, stating the date on whic h and the countr y in or for whic h the previous application was 
filed; 
(g)  where exhibition priority is claimed pursuant to Article 33 of Regulation (EC) No 207/2009, a declaration to that 
effect, stating the name of the exhibition and the date of the first displa y of the goods or services; 8.8.2017 L 205/42 Official Jour nal of the European Union EN     (h)  where the senior ity of one or more earlier trade marks , register ed in a Member State , including a trade mark 
register ed in the Benelux countr ies or registere d under international arrangements having effect in a Member State, 
as refer red to in Article 34(1) of Regulation (EC) No 207/2009, is claimed together with the application, 
a declaration to that effect, stating the Member State or Member States in or for which the earlier trade mark is 
register ed, the date from whic h the relevant registration was effective, the number of the relevant registration, and 
the goods or services for whic h the trade mark is registered. Such declaration may also be made within the period 
refer red to in Article 34(1a) of Regulation (EC) No 207/2009; 
(i)  where applicable, a statement that the application is for registration of an EU collective mark pursuant to Article 66 
of Regulation (EC) No 207/2009 or for registration of an EU certification mark pursuant to Article 74a of 
Regulation (EC) No 207/2009; 
(j)  specifi cation of the language in which the application has been filed, and of the second language pursuant to 
Article 119(3) of Regulation (EC) No 207/2009; 
(k)  the signature of the applicant or the applicant's representative in accordance with Article 63(1) of Commission 
Delegat ed Regulation (EU) 2017/1430 (1); 
(l)  where applicable, the request of a searc h repor t referred to in Article 38(1) or (2) of Regulation (EC) No 207/2009. 
2. The application may include a claim that the sign has acquired distinctive charact er through use within the 
meaning of Article 7(3) of Regulation (EC) No 207/2009, as well as an indication of whether this claim is meant as 
a principal or subsidiar y one. Such claim may also be made within the period refer red to in Article 37(3), second 
senten ce, of Regulation (EC) No 207/2009. 
3. The application for an EU collective mark or an EU certificat ion mark may include the regulations governing its 
use. Where such regulations are not included with the application, they shall be submitte d within the period referred to 
in Article 67(1) and Article 74b(1) of Regulation (EC) No 207/2009. 
4. If there is more than one applicant, the application may contain the appointment of one applicant or representa ­
tive as common representative. 
Article 3 
Represent ation of the trade mark 
1. The trade mark shall be represente d in any appropr iate form using generally available technology , as long as it can 
be reproduced on the register in a clear , precise, self-contained, easily accessible, intelligible, durable and objective 
manner so as to enable the compet ent author ities and the public to determine with clarity and precision the subject- 
matt er of the protection afforded to its propr ietor. 
2. The representation of the trade mark shall define the subject matter of the registration. Where the representation is 
accompan ied by a descr iption pursuant to paragraph 3(d), (e), (f)(ii), (h) or paragraph 4, such descr iption shall accord 
with the representation and shall not exte nd its scope. 
3. Where the application concer ns any of the trade mark types listed in points (a) to (j), it shall contain an indication 
to that effect. Without prejudice to paragraphs 1 or 2, the type of the trade mark and its representation shall accord 
with each other as follows: 
(a)  in the case of a trade mark consisting excl usively of words or letters, numerals, other standard typographic 
characters or a combination thereof (word mark), the mark shall be represente d by submitting a reproduction of the 
sign in standard script and layout, without any graphic feature or colour; 
(b)  in the case of a trade mark where non-standard charact ers, stylisation or layout, or a graphic feature or a colour are 
used (figurative mark), including marks that consist excl usively of figurative elements or of a combination of verbal 
and figurative elements, the mark shall be represented by submitting a reproduction of the sign showing all its 
elements and, where applicable, its colours; 8.8.2017 L 205/43 Official Jour nal of the European Union EN     
(1)Commission Delegat ed Regulation (EU) 2017/1430 of 18 May 2017 supplementing Council Regulation (EC) No 207/2009 on the 
European Union trade mark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96 (see page 1 of this Official 
Jour nal). (c)  in the case of a trade mark consisting of, or extending to, a three-dimensional shape, including containers, 
packag ing, the product itself or their appearance (shape mark), the mark shall be represented by submitting either 
a graphic reproduction of the shape, including comput er-generated imaging, or a phot ographic reproduction. The 
graphic or photog raphic reproduction may contain differ ent views. Where the representation is not provided elec­
tronically , it may contain up to six diffe rent views; 
(d)  in the case of a trade mark consisting of the specific way in whic h the mark is placed or affixed on the product  
(position mark), the mark shall be represente d by submitting a reproduction whic h appropr iately identifies the 
position of the mark and its size or propor tion with respect to the relevant goods. The elements whic h do not form 
part of the subject-matt er of the registration shall be visually disclaimed pref erably by brok en or dott ed lines. The 
representation may be accompan ied by a descr iption detailing how the sign is affixed on the goods; 
(e)  in the case of a trade mark consisting excl usively of a set of elements whic h are repeate d regularly (pattern mark), 
the mark shall be represented by submitting a reproduction showing the patte rn of repetition. The representation 
may be accompan ied by a descr iption detailing how its elements are repeated regularly ; 
(f)  in the case of a colour mark, 
(i)  where the trade mark consists excl usively of a sing le colour without contour s, the mark shall be represented by 
submitting a reproduction of the colour and an indication of that colour by reference to a generally recognised 
colour code; 
(ii)  where the trade mark consists excl usively of a combination of colours without cont ours, the mark shall be 
represented by submitting a reproduction that shows the systemat ic arrangement of the colour combination in 
a unif orm and predeter mined manner and an indication of those colours by referen ce to a generally recognised 
colour code. A descr iption detailing the systematic arrange ment of the colours may also be added; 
(g)  in the case of a trade mark consisting excl usively of a sound or combination of sounds (sound mark), the mark shall 
be represented by submitting an audio file reproducing the sound or by an accurat e representation of the sound in 
musical notation; 
(h)  in the case of a trade mark consisting of, or extending to, a movement or a change in the position of the elements 
of the mark (motion mark), the mark shall be represent ed by submitting a video file or by a series of sequential still 
images showing the movement or change of position. Where still images are used, they may be numbered or 
accompan ied by a descr iption explaining the sequence; 
(i)  in the case of a trade mark consisting of, or exte nding to, the combination of image and sound (multimedia mark), 
the mark shall be represent ed by submitting an audio visual file containing the combination of the image and the 
sound; 
(j)  in the case of a trade mark consisting of elements with holographic character istics (hologram mark), the mark shall 
be represented by submitting a video file or a graphic or phot ographic reproduction containing the views which are 
necessar y to sufficiently identify the holographic effect in its entirety . 
4. Where the trade mark is not covered by any of the types listed in paragraph 3, its representation shall comply with 
the standards set out in paragraph 1 and may be accompan ied by a descr iption. 
5. Where the representation is provided electronically , the Executive Director of the Office shall deter mine the 
formats and size of the electronic file as well as any other relevant technical specifi cations. 
6. Where the representation is not provided electronically , the trade mark shall be reproduced on a sing le sheet of 
paper separate from the sheet on whic h the text of the application appears. The sing le sheet on whic h the mark is 
reproduced shall contain all the relevant views or images and shall not exceed DIN A4 size (29,7 cm high, 21 cm wide). 
A margin of at least 2,5 cm shall be left all around. 
7. Where the correct orientation of the mark is not obvious, it shall be indicated by adding the word ‘top’ to each 
reproduction. 
8. The reproduction of the mark shall be of such quality as to enable it to be: 
(a)  reduced to a size of not less than 8 cm wide by 8 cm high; or 
(b)  enlarge d to a size of not more than 8 cm wide by 8 cm high. 
9. The filing of a sample or a specimen shall not constitute a proper representation of a trade mark. 8.8.2017 L 205/44 Official Jour nal of the European Union EN     Article 4 
Claiming priority 
1. Where the priority of one or more previous applications is claimed together with the application pursuant to 
Article 30 of Regulation (EC) No 207/2009, the applicant shall indicate the file number of the previous application and 
file a copy of it within three months from the filing date . That copy shall state the date of filing of the previous 
application. 
2. Where the languag e of the previous application for which priority is claimed is not one of the languages of the 
Offi ce, the applicant shall, if required by the Offi ce, provide the Offi ce with a translation of the previous application into 
the language of the Offi ce used as the first or second languag e of the application, within a period specified by the 
Offi ce. 
3. Paragraphs 1 and 2 shall apply mutatis mutandis where the priority claim relat es to one or more previous 
registrations. 
Article 5 
Exhibition priority 
Where an exhibition priority is claimed together with the application pursuant to Article 33(1) of Regulation (EC) 
No 207/2009, the applicant shall, within three months from the filing date, file a certificate issued at the exhibition by 
the author ity responsible for the prote ction of industr ial proper ty at the exhibition. That certificate shall attest that the 
mark was used for the goods or services covered by the application. It shall also state the opening date of the exhibition 
and the date of first public use, if different from the opening date of the exhibition. The certificate shall be accompanied 
by an identif ication of the actual use of the mark, duly certified by the author ity. 
Article 6 
Claiming senior ity of a national trade mark before registration of the EU trade mark 
Where the senior ity of an earlier register ed trade mark, as refer red to in Article 34(1) of Regulation (EC) No 207/2009, 
is claimed pursuant to Article 34(1a) of Regulation (EC) No 207/2009, the applicant shall submit a copy of the relevant 
registration within three months from the receip t of the senior ity claim by the Office. 
Article 7 
Content of the publication of an application 
The publication of the application shall contain: 
(a)  the applicant's name and address; 
(b) where applicable, the name and business address of the representative appointed by the applicant other than a rep­
resentative falling within the first sente nce of Article 92(3) of Regulation (EC) No 207/2009. Where there is more 
than one representative with the same business address, only the name and business address of the first-named rep­
resentative shall be published and it shall be followed by the words ‘and others ’. Where there are two or more 
representatives with different business addresses, only the address for service determined pursuant to Article 2(1)(e) 
of this Regulation shall be published. Where an association of representatives is appointed in accordance with 
Article 74(8) of Delegat ed Regulation (EU) 2017/1430, only the name and business address of the association shall 
be published; 
(c)  the representation of the mark, together with the elements and descr iptions refer red to in Article 3 where 
applicable. Where the representation has been provided in the form of an electronic file, it shall be made accessible 
by means of a link to that file; 8.8.2017 L 205/45 Official Jour nal of the European Union EN     (d)  the list of goods or services, grouped according to the classes of the Nice Classification, each group being preceded 
by the number of the class of that classif ication to which that group of goods or services belongs, and presented in 
the order of the classes of that classif ication; 
(e)  the date of filing and the file number ; 
(f)  where applicable, particulars of the claim of priority filed by the applicant pursuant to Article 30 of Regulation (EC) 
No 207/2009; 
(g)  where applicable, particulars of the claim of exhibition priority filed by the applicant pursuant to Article 33 of 
Regulation (EC) No 207/2009; 
(h)  where applicable, particulars of the claim of senior ity filed by the applicant pursuant to Article 34 of Regulation  
(EC) No 207/2009; 
(i)  where applicable, a statement pursuant to Article 7(3) of Regulation (EC) No 207/2009 that the mark has become 
distinctive in relation to the goods or services for whic h registration is requeste d in consequence of the use which 
has been made of it; 
(j)  where applicable, a state ment that the application is for an EU collective mark or an EU certification mark; 
(k)  an indication of the languag e in which the application was filed and of the second languag e whic h the applicant has 
indicated pursuant to Article 119(3) of Regulation (EC) No 207/2009; 
(l)  where applicable, a statement that the application results from a transf ormation of an internatio nal registration 
designating the Union pursuant to Article 161(2) of Regulation (EC) No 207/2009, together with the date of the 
internatio nal registration pursuant to Article 3(4) of the Madr id Prot ocol or the date on whic h the territorial 
extensi on to the Union made subsequently to the intern ational registration pursuant to Article 3 ter (2) of the 
Madr id Protocol was recorded in the international registe r and, where applicable, the priority date of the internat­
ional registration. 
Article 8 
Division of the application 
1. A declaration of the division of the application pursuant to Article 44 of Regulation (EC) No 207/2009 shall 
contain: 
(a)  the file number of the application; 
(b)  the name and address of the applicant in accordance with Article 2(1)(b) of this Regulation; 
(c)  the list of goods or services subject to the divisional application, or, where the division into more than one 
divisional application is sought, the list of goods or services for each divisional application; 
(d)  the list of goods or services whic h are to remain in the original application. 
2. The Offi ce shall establish a separate file for each divisional application, which shall consist of a compl ete copy of 
the file of the original application, including the declaration of division and the correspondence relating thereto. The 
Offi ce shall assign a new application number to each divisional application. 
3. The publication of each divisional application shall contain the indications and elements laid down in Article 7. 
TITLE III 
REGISTRA TION PROCEDURE 
Article 9 
Cer tificate of registration 
The certificate of registration issued in accordance with Article 45(2) of Regulation (EC) No 207/2009 shall contain the 
entr ies in the Regist er listed in Article 87(2) of Regulation (EC) No 207/2009 and a statement to the effect that those 8.8.2017 L 205/46 Official Jour nal of the European Union EN     entr ies have been recorded in the Regist er. Where the representation of the mark is provided in the form of an 
electronic file, the relevant entr y shall be made accessible by means of a link to that file. The certificate shall be 
compl emented, where applicable, by an extract showing all entr ies to be recorded in the Regist er in accordance with 
Article 87(3) of Regulation (EC) No 207/2009 and a statement to the effect that those entr ies have been recorded in the 
Regist er. 
Article 10 
Content of the request for alteration of a regis tration 
A request for alteration of the registration pursuant to Article 48(2) of Regulation (EC) No 207/2009 shall contain: 
(a)  the registration number of the EU trade mark; 
(b)  the name and the address of the propr ietor of the EU trade mark in accordance with Article 2(1)(b) of this 
Regulation; 
(c)  an indication of the element in the representation of the EU trade mark to be alter ed and that element in its alter ed 
version in accordance with Article 48(3) of Regulation (EC) No 207/2009; 
(d)  a representation of the EU trade mark as altered, in accordance with Article 3 of this Regulation. 
Article 11 
Declaration of the division of a regis tration 
1. A declaration of the division of a registration pursuant to Article 49(1) of Regulation (EC) No 207/2009 shall 
contain: 
(a)  the registration number of the EU trade mark; 
(b)  the name and address of the propr ietor of the EU trade mark in accordance with Article 2(1)(b) of this Regulation; 
(c)  the list of goods or services whic h are to form the divisional registration, or, where the division into more than one 
divisional registration is sought, the list of goods or services for each divisional registration; 
(d)  the list of goods or services whic h are to remain in the original registration. 
2. The Office shall establish a separate file for the divisional registration, whic h shall consist of a compl ete copy of 
the file of the original registration, including the declaration of division and the correspondence relating thereto. The 
Offi ce shall assign a new registration number to the divisional registration. 
Article 12 
Content of a request for the change of the name or address of the propr ieto r of an EU trade mark 
or of the applicant for an EU trade mark 
A request for the change of the name or address of the propr ietor of a register ed EU trade mark pursuant to 
Article 48a(1) of Regulation (EC) No 207/2009 shall contain: 
(a)  the registration number of the EU trade mark; 
(b)  the name and the address of the propr ietor of the EU trade mark as recorded in the Regist er, unless an identif ication 
number has already been given by the Office to the propr ietor , in which case it shall be suffic ient for the applicant 
to indicate that number and the propr ietor's name; 
(c)  the indication of the new name or address of the propr ietor of the EU trade mark, in accordance with Article 2(1)(b) 
of this Regulation. 
Points (b) and (c) of the first subparagraph shall apply mutatis mutandis for the purposes of a request for the chang e of 
the name or address of the applicant for an EU trade mark. Such a request shall also contain the application number . 8.8.2017 L 205/47 Official Jour nal of the European Union EN     TITLE IV 
TRANSFER 
Article 13 
Application for registrat ion of a transfer 
1. An application for registration of a transfer under Article 17(5a) of Regulation (EC) No 207/2009 shall contain: 
(a)  the registration number of the EU trade mark; 
(b)  particulars of the new propr ietor in accordance with Article 2(1)(b) of this Regulation; 
(c)  where not all the register ed goods or services are included in the transfer , particulars of the register ed goods or 
services to which the transfer relates; 
(d)  evidence duly establishing the transfer in accordance with Article 17(2) and (3) of Regulation (EC) No 207/2009; 
(e)  where applicable, the name and business address of the representative of the new propr ietor, to be set out in 
accordance with Article 2(1)(e) of this Regulation. 
2. Points (b) to (e) of paragraph 1 shall apply mutatis mutandis for the purposes of an application for the recording of 
a transfe r of an EU trade mark application. 
3. For the purposes of paragraph 1(d), any of the following shall constitute suffi cient evidence of transfer: 
(a)  the signing of the application for registration of the transfer by the register ed propr ietor or a representative of that 
propr ietor, and by the successor in title or a representative of that successor; 
(b)  where the application is submitted by the register ed propr ietor or a representative of that propr ietor, a declaration 
signed by the successor in title or a representative of that successor that he agrees to the registration of the transfer; 
(c)  where the application for registration is submitte d by the successor in title, a declaration, signed by the register ed 
propr ietor or a representative of that propr ietor, that the registe red propr ietor agrees to the registration of the 
successor in title; 
(d)  the signing of a compl eted transfer form or document, as laid down in Article 65(1)(e) of Delegat ed Regulation (EU) 
2017/1430, by the registere d propr ietor or a representative of that propr ietor and by the successor in title or a 
representative of that successor . 
Article 14 
Processing of applications for partial transfe r 
1. Where the application for registration of a transfe r relates only to some of the goods or services for which the 
mark is registere d, the applicant shall distr ibute the goods or services in the original registration between the remaining 
registration and the application for partial transfer so that the goods or services in the remaining registration and the 
new registration do not overlap. 
2. The Office shall establish a separate file for the new registration, which shall consist of a compl ete copy of the file 
of the original registration, including the application for registration of the partial transfer and the correspondence 
relating thereto. The Offi ce shall assign a new registration number to the new registration. 
3. Paragraphs 1 and 2 shall apply mutatis mutandis for the purposes of an application for the recording of a transfer 
of an EU trade mark application. The Offi ce shall assign a new application number to the new EU trade mark 
application. 8.8.2017 L 205/48 Official Jour nal of the European Union EN     TITLE V 
SURRENDER 
Article 15 
Surrender 
1. A declaration of surrender pursuant to Article 50(2) of Regulation (EC) No 207/2009 shall contain: 
(a)  the registration number of the EU trade mark; 
(b)  the name and address of the propr ietor in accordance with Article 2(1)(b) of this Regulation; 
(c)  where surrender is declared only for some of the goods or services for which the mark is registere d, an indication of 
the goods or services for whic h the mark is to remain register ed. 
2. Where a right of a third party relating to the EU trade mark is entered in the register , a declaration of consent to 
the surrender , signed by the propr ietor of that right or a representative of that propr ietor, shall be suffi cient proof of the 
third party's agreement to the surrender . 
TITLE VI 
EU COLLECTIVE MARK S AND CERTIFICA TION MARK S 
Article 16 
Content of regulations governing the use of EU collectiv e mark s 
The regulations governing EU collective marks referred to in Article 67(1) of Regulation (EC) No 207/2009 shall specify : 
(a)  the name of the applicant ; 
(b)  the object of the association or the object for whic h the legal person governed by public law is constituted; 
(c)  the bodies author ised to represent the association or the legal person governed by public law; 
(d)  in the case of an association, the conditions for membership; 
(e)  the representation of the EU collective mark; 
(f)  the persons author ised to use the EU collective mark; 
(g)  where appropr iate, the conditions governing use of the EU collective mark, including sanctions; 
(h)  the goods or services covered by the EU collective mark including, where appropr iate, any limitation introduced as 
a consequence of the application of Article 7(1)(j), (k) or (l) of Regulation (EC) No 207/2009; 
(i)  where appropr iate, the author isation referred to in the second sente nce of Article 67(2) of Regulation (EC) 
No 207/2009. 
Article 17 
Content of regulations governing the use of EU certification marks 
The regulations governing use of EU certification marks refer red to in Article 74b of Regulation (EC) No 207/2009 shall 
specify: 
(a)  the name of the applicant ; 
(b)  a declaration that the applicant compl ies with the requirements laid down in Article 74a(2) of Regulation (EC) 
No 207/2009; 8.8.2017 L 205/49 Official Jour nal of the European Union EN     (c)  the representation of the EU certification mark; 
(d)  the goods or services covered by the EU certification mark; 
(e)  the charact eristics of the goods or services to be certified by the EU certification mark, such as the mate rial, mode of 
manufa cture of goods or perf ormance of services, quality or accuracy ; 
(f)  the conditions governing the use of the EU certificat ion mark, including sanctions; 
(g)  the persons author ised to use the EU certification mark; 
(h)  how the certifying body is to test those character istics and to super vise the use of the EU certification mark. 
TITLE VII 
COSTS 
Article 18 
Maximum rates for costs 
1. Costs refer red to in the first subparagraph of Article 85(1a) of Regulation (EC) No 207/2009 shall be borne by the 
losing party on the basis of the following maximum rates: 
(a)  where the successful party is not represented, the travel and subsiste nce costs of that party for one person for the 
outward and retur n jour ney between the place of residence or the place of business and the place where oral 
proceedings are held pursuant to Article 49 of Delegat ed Regulation (EU) 2017/1430, as follows: 
(i)  the cost of the first-class rail-far e including usual transpor t supplements where the total distance by rail does not 
exceed 800 km or the cost of the touris t-class air-fare where the total distance by rail exceed s 800 km or the 
route includes a sea-crossing; 
(ii)  subsistence costs as laid down in Article 13 of Annex VII to the Staff Regulations of Offi cials of the Union and 
the Conditions of Emplo yment of Other Servants of the Union, laid down in Council Regulation (EEC, Eurat om, 
ECSC) No 259/68 (1); 
(b)  travel costs of representatives pursuant to Article 93(1) of Regulation (EC) No 207/2009, at the rates provided for in 
point (a)(i) of this paragraph; 
(c)  cost of representation, within the meaning of Article 93(1) of Regulation (EC) No 207/2009, incur red by the 
successful party, as follows: 
(i)  in opposition proceedings: EUR 300; 
(ii)  in proceedings relating to the revocati on or invalidity of an EU trade mark: EUR 450; 
(iii)  in appeal proceedings: EUR 550; 
(iv)  where oral proceedings have taken place to whic h the parties have been summoned pursuant to Article 49 of 
Delega ted Regulation (EU) 2017/1430, the amount refer red to in points (i), (ii) or (iii) increased by EUR 400. 
2. Where there are several applicants or propr ietors of the EU trade mark application or registration or where there 
are several opposing parties or applicants for revocat ion or declaration of invalidity who have filed the opposition or 
application for revocation or declaration of invalidity jointly , the losing party shall bear the costs refer red to in 
paragraph 1(a) for one such person only . 
3. Where the successful party is represent ed by more than one representative within the meaning of Article 93(1) of 
Regulation (EC) No 207/2009, the losing party shall bear the costs refer red to in paragraph 1(b) and (c) of this Article 
for one such person only . 8.8.2017 L 205/50 Official Jour nal of the European Union EN     
(1)Regulation (EEC, Eurato m, ECSC) No 259/68 of the Council of 29 Febr uary 1968 laying down the Staff Regulations of Offi cials and the 
Conditions of Emplo yment of Other Servants of the European Communities and instituting special measures temporar ily applicable to 
officials of the Commission (Staff Regulations of Offi cials) (OJ L 56, 4.3.1968, p. 1). 4. The losing party shall not be obliged to reimburse the successful party for any costs, expenses and fees relating to 
proceedings before the Office other than those referred to in paragraphs 1, 2 and 3. 
TITLE VIII 
PERIODIC AL PUBLIC ATIONS 
Article 19 
Periodical publications 
1. Where particulars are published in the EU Trade Marks Bulletin in accordance with Regulation (EC) No 207/2009, 
Delegat ed Regulation (EU) 2017/1430 or this Regulation, the date of issue shown on the Bulletin shall be taken as the 
date of publication of the particulars. 
2. To the extent that the entr ies regarding the registration of a trade mark contain no changes as compared to the 
publication of the application, the publication of such entr ies shall be made by way of a referen ce to the particulars 
contained in the publication of the application. 
3. The Office may make editions of the Official Jour nal of the Office publicly available by electronic means. 
TITLE IX 
ADMINISTRA TIVE COOPER ATION 
Article 20 
Exchange of information betw een the Office and the author ities of the Member States 
1. Without prejudice to Article 123c of Regulation (EC) No 207/2009, the Offi ce and the central industr ial proper ty 
office s of the Member States, including the Benelux Office for Intellectual Proper ty, shall, upon request, communicate to 
each other relevant information about the filing of applications for EU trade marks or national marks and about 
proceedings relating to such applications and the marks register ed as a result thereof. 
2. The Offi ce and the cour ts or author ities of the Member States shall exchang e information for the purposes of 
Regulation (EC) No 207/2009 directly or through the central industr ial proper ty offices of the Member States. 
3. Expenditure in respect of communications under paragraphs 1 and 2 shall be chargeable to the author ity making 
the communications. Such communications shall be exempt from fees. 
Article 21 
Opening of files for inspection 
1. Inspection of files relating to EU trade mark applications or register ed EU trade marks by cour ts or author ities of 
the Member State s shall be of the original documents or of copies thereof, or of technical means of storag e if the files 
are store d in this way. 
2. The Office shall, at the time of transmission of files relating to EU trade marks applied for or registered, or copies 
thereof, to the cour ts or Public Prosecutor s' Offi ces of the Member States, indicate the restr ictions to whic h the 
inspection of those files is subject pursuant to Article 88 of Regulation (EC) No 207/2009. 
3. Cour ts or Public Prosecutors' Offices of the Member States may, in the course of proceedings before them, open 
files or copies thereof transmitte d to them by the Offi ce to inspection by third parties. Such inspection shall be subject 
to Article 88 of Regulation (EC) No 207/2009. 8.8.2017 L 205/51 Official Jour nal of the European Union EN     TITLE X 
CONVERSION 
Article 22 
Content of a request for conv ersion 
A request for conver sion of an EU trade mark application or a register ed EU trade mark into a national trade mark 
application pursuant to Article 112 of Regulation (EC) No 207/2009 shall contain: 
(a)  the name and the address of the applicant for convers ion in accordance with Article 2(1)(b) of this Regulation; 
(b)  the filing number of the EU trade mark application or the registration number of the EU trade mark; 
(c)  an indication of the ground for conver sion in accordance with Article 112(1)(a) or (b) of Regulation (EC) 
No 207/2009; 
(d)  a specification of the Member State or the Member States in respect of which conversion is request ed; 
(e)  where the request does not relat e to all of the goods or services for whic h the application has been filed or for 
which the EU trade mark has been register ed, an indication of the goods or services for which conversion is 
requeste d, and, where conversion is request ed in respect of more than one Member State and the list of goods or 
services is not the same for all Member States, an indication of the respective goods or services for each Member 
State ; 
(f)  where conver sion is requeste d, pursuant to Article 112(6) of Regulation (EC) No 207/2009, on the grounds that an 
EU trade mark has ceased to have effect as a result of a decision of an EU trade mark cour t, an indication of the date 
on which that decision became final, and a copy of the decision, whic h may be submitted in the languag e in whic h 
the decision was given. 
Article 23 
Content of the publication of a request for conv ersion 
The publication of a request for conversion in accordance with Article 113(2) of Regulation (EC) No 207/2009 shall 
contain: 
(a)  the filing number or the registration number of the EU trade mark in respect of which conversion is request ed; 
(b)  a reference to the previous publication of the request or to the registration in the EU Trade Marks Bulletin; 
(c)  an indication of the Member State or Member States in respect of whic h conver sion has been request ed; 
(d)  where the request does not relat e to all of the goods or services for whic h the application has been filed or for 
which the EU trade mark has been register ed, an indication of the goods or services for which conversion is 
requeste d; 
(e)  where conversion is requested in respect of more than one Member State and the list of goods or services is not the 
same for all Member States, an indication of the respective goods or services for each Member State; 
(f)  the date of the request for conversion. 
TITLE XI 
LANGU AGES 
Article 24 
Filing of suppor ting documents in written proceedings 
Unless other wise provided for in this Regulation or in Delegat ed Regulation (EU) 2017/1430, suppor ting documents to 
be used in written proceedings before the Office may be filed in any official language of the Union. Where the language 
of such documents is not the language of the proceedings as deter mined in accordance with Article 119 of Regulation  
(EC) No 207/2009, the Office may, of its own motion or upon reasoned request by the other party, require that 
a translation be supplied, within a period specified by it, in that language. 8.8.2017 L 205/52 Official Jour nal of the European Union EN     Article 25 
Standard of translations 
1. Where a translation of a document is to be filed with the Office, the translation shall identify the document to 
whic h it refers and reproduce the structure and cont ents of the original document. Where a party has indicate d that 
only parts of the document are relevant, the translation may be limited to those parts. 
2. Unless other wise provided for in Regulation (EC) No 207/2009, in Delegat ed Regulation (EU) 2017/1430 or in 
this Regulation, a document for which a translation is to be filed shall be deemed not to have been received by the 
Offi ce in the following cases: 
(a)  where the translation is received by the Office after the expir y of the relevant period for submitting the original 
document or the translation; 
(b)  where the certificate refer red to in Article 26 of this Regulation is not filed within the period specified by the Offi ce. 
Article 26 
Legal authenticity of translations 
In the absence of evidence or indications to the contrar y, the Offi ce shall assume that a translation corresponds to the 
relevant original text. In the event of doubt, the Office may require the filing, within a specifi c period, of a certificate 
that the translation corresponds to the original text. 
TITLE XII 
ORGANIS ATION OF THE OFFICE 
Article 27 
Decisions of an Opposition Division or a Cancellation Division taken by a single member 
Pursuant to Article 132(2) or Article 134(2) of Regulation (EC) No 207/2009, a sing le member of an Opposition 
Division or of a Cancellation Division shall take the following types of decisions: 
(a)  decisions on the appor tionment of costs; 
(b)  decisions to fix the amount of the costs to be paid pursuant to the first senten ce of Article 85(6) of Regulation (EC) 
No 207/2009; 
(c)  decisions to discontinue the proceedings or decisions confir ming that there is no need to proceed to a decision on 
mer its; 
(d)  decisions to reject an opposition as inadmissible before expir y of the period refer red to in Article 6(1) of Deleg ated 
Regulation (EU) 2017/1430; 
(e)  decisions to stay proceedings; 
(f)  decisions to join or separate multiple oppositions pursuant to Article 9(1) of Delega ted Regulation (EU) 2017/1430. 
TITLE XIII 
PROCEDURES CONCERNING THE INTERNA TIONAL REGISTRA TION OF MARK S 
Article 28 
Form to be used for the filing of an inter national application 
The form made available by the Offi ce for the filing of an intern ational application, as refer red to in Article 147(1) of 
Regulation (EC) No 207/2009 shall include all the elements of the offici al form provided by the International Bureau of 
the World Intellect ual Proper ty Organisation (‘the Intern ational Bureau’). Applicants may also use the official form 
provided by the Internatio nal Bureau. 8.8.2017 L 205/53 Official Jour nal of the European Union EN     Article 29 
Facts and decisions on invalidity to be notif ied to the Inter national Bureau 
1. The Offi ce shall notify the International Bureau within a period of five years from the date of the internatio nal 
registration in the following cases: 
(a)  where the EU trade mark application on whic h the international registration was based has been withdra wn, is 
deemed to be withdra wn or has been refused by a final decision, in respect of all or some of the goods or services 
liste d in the international registration; 
(b)  where the EU trade mark on whic h the internati onal registration was based has ceased to have effect because it is 
surrendered, has not been renewed, has been revok ed, or has been declared invalid by the Office by a final decision 
or, on the basis of a counte rclaim in infringement proceedings, by a EU trade mark cour t, in respect of all or some 
of the goods or services listed in the intern ational registration; 
(c)  where the EU trade mark application or the EU trade mark on which the internatio nal registration was based has 
been divided into two applications or registrations. 
2. The notifi cation refer red to in paragraph 1 shall include: 
(a)  the number of the intern ational registration; 
(b)  the name of the holder of the intern ational registration; 
(c)  the facts and decisions affecting the basic application or registration, as well as the effective date of those facts and 
decisions; 
(d)  in the case refer red to in paragraph 1(a) or (b), the request to cancel the intern ational registration; 
(e)  where the act refer red to in paragraph 1(a) or (b) affect s the basic application or basic registration only with respect 
to some of the goods or services, those goods or services, or the goods or services whic h are not affected; 
(f)  in the case refer red to in paragraph 1(c), the number of each EU trade mark application or registration concer ned. 
3. The Office shall notify the Intern ational Bureau at the end of a period of five years from the date of the 
international registration in the following cases: 
(a)  where an appeal is pending against a decision of an examiner to refuse the EU trade mark application on which the 
internati onal registration was based pursuant to Article 37 of Regulation (EC) No 207/2009; 
(b)  where an opposition is pending against the EU trade mark application on which the internati onal registration was 
based; 
(c)  where an application for revocati on or an application for declaration of invalidity is pending against the EU trade 
mark on which the intern ational registration was based; 
(d)  where mention has been made in the Register of EU Trade Marks that a countercl aim for revocation or for 
declaration of invalidity has been filed before an EU trade mark cour t against the EU trade mark on whic h the inter­
national registration was based, but no mention has yet been made in the Register of the decision of the EU trade 
mark cour t on the counterclaim. 
4. Once the proceedings refer red to in paragraph 3 have been concluded by means of a final decision or an entr y in 
the register , the Offi ce shall notify the Intern ational Bureau in accordance with paragraph 2. 
5. For the purposes of paragraphs 1 and 3, an EU trade mark on which the international registration was based shall 
include an EU trade mark registration resulting from an EU trade mark application on which the international 
application was based. 
Article 30 
Request for territor ial extension subsequent to inter national regis tration 
1. A request for territori al extensi on filed at the Office pursuant to Article 149(1) of Regulation (EC) No 207/2009 
shall meet the following requirements: 
(a)  it is filed using one of the forms refer red to in Article 31 of this Regulation and contains all the indications and 
information required by the form used; 8.8.2017 L 205/54 Official Jour nal of the European Union EN     (b)  it indicates the number of the international registration to which it relates; 
(c)  the list of goods or services is covered by the list of goods or services contained in the international registration; 
(d)  the applicant is entitled, based on the indications made in the international form, to make a designation subsequent 
to the intern ational registration through the Office in accordance with Article 2(1)(ii), and Article 3ter(2) of the 
Madr id Prot ocol. 
2. Where a request for territorial extensi on does not meet all of the requirements laid down in paragraph 1, the 
Offi ce shall invite the applicant to remedy the deficiencies within such time-limit as it may specify . 
Article 31 
Form to be used for a request for territor ial extension 
The form made available by the Offi ce for a request for territorial extension subsequent to intern ational registration, as 
referred to in Article 149(1) of Regulation (EC) No 207/2009 shall include all the elements of the official form provided 
by the Internati onal Bureau. Applicants may also use the official form provided by the Internati onal Bureau. 
Article 32 
Senior ity claims before the Office 
1. Without prejudice to Article 34(6) of Regulation (EC) No 207/2009, a senior ity claim pursuant to Article 153a(1) 
of Regulation (EC) No 207/2009 shall contain: 
(a)  the registration number of the intern ational registration; 
(b)  the name and address of the holder of the intern ational registration in accordance with Article 2(1)(b) of this 
Regulation; 
(c)  an indication of the Member State or Member States in or for whic h the earlier trade mark is register ed; 
(d)  the number and the filing date of the relevant registration; 
(e)  an indication of the goods or services for which the earlier trade mark is registered and those in respect of which 
senior ity is claimed; 
(f)  a copy of the relevant registration certificate. 
2. Where the holder of the intern ational registration is obliged to be represented in proceedings before the Office 
pursuant to Article 92(2) of Regulation (EC) No 207/2009, the senior ity claim shall contain the appointment of a rep­
resentative within the meaning of Article 93(1) of Regulation (EC) No 207/2009. 
3. Where the Office has accept ed the senior ity claim, it shall inform the Internati onal Bureau according ly by 
communicating the following: 
(a)  the number of the intern ational registration concer ned; 
(b)  the name of the Member State or Member States in or for whic h the earlier trade mark is register ed; 
(c)  the number of the relevant registration; 
(d)  the date from which the relevant registration was effective. 
Article 33 
Notif ication of ex officio provisional refusals to the Inter national Bureau 
1. The notificati on of an ex officio provisional refusal of prote ction of the intern ational registration in whole or in 
part to be issued to the Internati onal Bureau pursuant to Article 154(2) and (5) of Regulation (EC) No 207/2009 shall, 
without prejudice to the requirements laid down in Article 154(3) and (4) of that Regulation, contain the following: 
(a)  the number of the intern ational registration; 8.8.2017 L 205/55 Official Jour nal of the European Union EN     (b)  a reference to the provisions of Regulation (EC) No 207/2009 which are relevant for the provisional refusal; 
(c)  an indication that the provisional refusal of protection will be confir med by a decision of the Office if the holder of 
the intern ational registration does not overcome the grounds for refusal by submitting obser vations to the Offi ce 
within a time limit of two months from the date on which the Offices issues the provisional refusal; 
(d)  where the provisional refusal relat es to only part of the goods or services, an indication of those goods or services. 
2. In respect of each notification of an ex officio provisional refusal to the International Bureau, and provided that the 
time limit for entering an opposition has expired and that no notific ation of provisional refusal based on an opposition 
has been issued pursuant to Article 78(1) of Delegat ed Regulation (EU) 2017/1430, the Offi ce shall inform the Inter ­
national Bureau of the following: 
(a)  where as a result of the proceedings before the Office the provisional refusal has been withdra wn, the fact that the 
mark is prote cted in the Union; 
(b)  where a decision to refuse prot ection of the mark has become final, if applicable, following an appeal under 
Article 58 of Regulation (EC) No 207/2009 or an action under Article 65 of Regulation (EC) No 207/2009, the fact 
that protection of the mark is refused in the Union; 
(c)  where the refusal pursuant to point (b) concer ns only part of the goods or services, the goods or services for which 
the mark is protect ed in the Union. 
Article 34 
Notif ication of invalidation of the effects of an inter national registration to the Inter national 
Bureau 
The notifi cation refer red to in Article 158(3) of Regulation (EC) No 207/2009 shall bear a date and shall contain: 
(a)  the indication that the invalidation has been pronounced by the Offi ce, or the indication of the EU trade mark cour t 
which has pronounced the invalidation; 
(b)  an indication of whether invalidation has been pronounced in the form of revocati on of the rights of the holder of 
the internatio nal registration, of a declaration that the trade mark is invalid on absolute grounds, or of a declaration 
that the trade mark is invalid on relative grounds; 
(c)  a statement to the effect that the invalidation is no long er subject to appeal; 
(d)  the number of the intern ational registration; 
(e)  the name of the holder of the intern ational registration; 
(f)  where the invalidation does not concer n all the goods or services, an indication of the goods or services in respect 
of which the invalidation has been pronounced or those in respect of which the invalidation has not been 
pronounced; 
(g)  the date on which the inva lidation has been pronounced, together with an indication of the date from when the 
inva lidation is effective. 
Article 35 
Request for conv ersion of an inter national regis tration into a national trade mark application or 
into a designation of Member States 
1. A request for conver sion of an intern ational registration designating the Union into a national trade mark 
application or into a designation of Member States pursuant to Articles 112 and 159 of Regulation (EC) No 207/2009 
shall, without prejudice to the requirements laid down in Article 159(4) to (7) of that Regulation, contain: 
(a)  the registration number of the intern ational registration; 
(b) the date of the internati onal registration or the date of the designation of the Union made subsequently to the inter ­
national registration pursuant to Article 3ter(2) of the Madr id Protocol and, where applicable, particulars of the 
claim to priority for the internati onal registration pursuant to Article 159(2) of Regulation (EC) No 207/2009, and 
particulars of the claim to senior ity pursuant to Articles 34, 35 or 153 of Regulation (EC) No 207/2009; 8.8.2017 L 205/56 Official Jour nal of the European Union EN     (c)  the indications and elements refer red to in Article 113(1) of Regulation (EC) No 207/2009 and Article 22(a), (c) 
and (d) of this Regulation. 
2. The publication of a request for conver sion refer red to in paragraph 1 shall contain the details laid down in 
Article 23. 
Article 36 
Transf ormation of an inter national regis tration designating the Union into an EU trade mark 
application 
An application for transf ormation pursuant to Article 161(3) of Regulation (EC) No 207/2009 shall contain, in addition 
to the indications and elements refer red to in Article 2 of this Regulation, the following: 
(a)  the number of the intern ational registration which has been cancelled; 
(b)  the date on whic h the internati onal registration was cancelled by the International Bureau; 
(c)  as appropr iate, the date of the internati onal registration pursuant to Article 3(4) of the Madr id Protocol or the date 
of recordal of the territori al extension to the Union made subsequently to the intern ational registration pursuant to 
Article 3ter(2) of the Madr id Protocol ; 
(d)  where applicable, the date of priority claimed in the internatio nal application as entered in the Internatio nal Regist er 
kept by the Internatio nal Bureau. 
TITLE XIV 
FINAL PROVISIONS 
Article 37 
Transitional measures 
Notwithstanding Article 80 of Delegat ed Regulation (EU) 2017/1430, the provisions of Regulation (EC) No 2868/95 
shall continue to apply to ongoing proceedings where this Regulation does not apply in accordance with its Article 38, 
until such proceedings are concluded. 
Article 38 
Entr y into force and application 
1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the 
European Union. 
2. It shall apply from 1 October 2017, subject to the following excep tions: 
(a)  title II shall not apply to applications for an EU trade mark entered before the abovementioned date, as well as to 
internatio nal registrations for which the designation of the Union was made before that date; 
(b)  Article 9 shall not apply to EU trade marks registere d before the abovementioned date ; 
(c)  Article 10 shall not apply to requests for alteration entered before the abovementioned date; 
(d)  Article 11 shall not apply to declarations of division entered before the abovementioned date; 
(e)  Article 12 shall not apply to requests for the change of name or address entered before the abovementioned date; 
(f)  title IV shall not apply to applications for registration of a transfer entered before the abovementioned date; 8.8.2017 L 205/57 Official Jour nal of the European Union EN     (g)  title V shall not apply to declarations of surrender entered before the abovementioned date; 
(h)  title VI shall not apply to applications for EU collective marks or EU certification marks entered before the 
abovementioned date, as well as to international registrations for whic h the designation of the Union was made 
before that date; 
(i)  title VII shall not apply to costs incur red in proceedings initiat ed before the abovementioned date; 
(j)  title VIII shall not apply to publications made before the abovementioned date; 
(k)  title IX shall not apply to requests for information or inspection entered before the abovementioned date; 
(l)  title X shall not apply to requests for conversion entered before the abovementioned date; 
(m)  title XI shall not apply to suppor ting documents or translations entered before the abovementioned date; 
(n)  title XII shall not apply to decisions taken before the abovementioned date; 
(o)  title XIII shall not apply to intern ational applications, notificati ons of facts and decisions on invalidity of the EU 
trade mark application or registration on which the international registration was based, requests for territori al 
extensi on, senior ity claims, notifi cation of ex officio provisional refusals, notificati ons of invalidation of the effects of 
an intern ational registration, requests for conversion for an international registration into a national trade mark 
application and applications for transf ormation of an internati onal registration designating the Union into an EU 
trade mark application entered or made before the abovementioned date, as the case may be. 
This Regulation shall be binding in its entirety and directly applicable in all Member State s. 
Done at Brussels, 18 May 2017. 
For the Commission 
The President 
Jean-Claude JUNCK ER  8.8.2017 L 205/58 Official Jour nal of the European Union EN