I 
(Legislativ e acts) 
REGUL ATIONS 
REGUL ATION (EU) 2017/1001 OF THE EUR OPEAN PARLIAMENT AND OF THE COUNCIL 
of 14 June 2017 
on the European Union trade mark 
(codif ication) 
(Text with EEA relevance) 
THE EUR OPEAN PARLIAMENT AND THE COUNCIL OF THE EUR OPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of 
Article 118 thereof, 
Having regar d to the proposal from the European Commission, 
After transmission of the draf t legislative act to the national parliaments, 
Acting in accordance with the ordinar y legislative procedure (1), 
Whereas: 
(1)  Council Regulation (EC) No 207/2009 (2) has been substantially amended several times (3). In the interests of 
clarity and rationality , that Regulation should be codified. 
(2)  Council Regulation (EC) No 40/94 (4), which was codified in 2009 as Regulation (EC) No 207/2009, created 
a system of trade mark prote ction specific to the Union whic h provided for the prote ction of trade marks at the 
level of the Union, in parallel to the prot ection of trade marks available at the level of the Member States in 
accordance with the national trade mark systems, harmonised by Council Directive 89/104/EEC (5), whic h was 
codified as Directive 2008/95/EC of the European Parliament and of the Council (6). 
(3)  It is desirable to promote throughout the Union a harmonious development of economic activities and 
a continuous and balanced expansion by compl eting an internal mark et whic h functions properly and offers 
conditions which are similar to those obtaining in a national mark et. In order to establish a market of this kind 
and mak e it increasing ly a sing le mark et, not only should barriers to free movement of goods and services be 
remo ved and arrang ements be instituted which ensure that competition is not distor ted, but, in addition, legal 
conditions should be laid down whic h enable under takings to adapt their activities to the scale of the Union, 
whether in manuf actur ing and distr ibuting goods or in providing services. For those purposes, trade marks 16.6.2017 L 154/1 Official Jour nal of the European Union EN     
(1)Position of the European Parliament of 27 Apr il 2017 (not yet published in the Offi cial Jour nal) and decision of the Council of 22 May 
2017. 
(2)Council Regulation (EC) No 207/2009 of 26 Febr uary 2009 on the European Union trade mark (OJ L 78, 24.3.2009, p. 1). 
(3)See Annex II. 
(4)Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1). 
(5)First Council Directive 89/104/EEC of 21 December 1988 to appro ximat e the laws of the Member States relating to trade mark s  
(OJ L 40, 11.2.1989, p. 1). 
(6)Directive 2008/95/EC of the European Parliament and of the Council of 22 Octo ber 2008 to appro ximat e the laws of the Member States 
relating to trade marks (OJ L 299, 8.11.2008, p. 25). enabling the products and services of under takings to be distinguished by identical means throughout the entire 
Union, regardless of frontiers, should feature amongst the legal instr uments whic h under takings have at their 
disposal. 
(4)  For the purpose of pursuing the Union's said objectives it would appear necessar y to provide for Union 
arrang ements for trade marks whereby under takings can by means of one procedural system obtain EU trade 
marks to which unif orm prote ction is given and which produce their effects throughout the entire area of the 
Union. The principle of the unitar y charact er of the EU trade mark thus stated should apply unless other wise 
provided for in this Regulation. 
(5)  The barrier of territori ality of the rights conferr ed on propr ietors of trade marks by the laws of the Member States 
cannot be remo ved by appro ximation of laws. In order to open up unrestr icted economic activity in the whole of 
the internal market for the benefi t of under takings, it should be possible to register trade marks whic h are 
governed by a unif orm Union law directly applicable in all Member States. 
(6)  The exper ience acquired since the establishment of the Community trade mark system has shown that 
under takings from within the Union and from third countr ies have accept ed the system which has become 
a successful and viable complement and alternative to the prot ection of trade marks at the level of the 
Member States. 
(7)  The Union law relating to trade marks never theless does not replace the laws of the Member States on trade 
marks. It would not in fact appear to be justif ied to require under takings to apply for registration of their trade 
marks as EU trade marks . 
(8)  National trade marks continue to be necessar y for those under takings which do not want prote ction of their 
trade marks at Union level, or whic h are unable to obtain Union-wide protection while national prot ection does 
not face any obstacles. It should be left to each person seeking trade mark protection to decide whether the 
prot ection is sought only as a national trade mark in one or more Member State s, or only as an EU trade mark, 
or both. 
(9)  The rights in an EU trade mark should not be obtained other wise than by registration, and registration should be 
refused in particular if the trade mark is not distinctive, if it is unlawful or if it conf licts with earlier rights. 
(10)  A sign should be permitted to be represented in any appropr iate form using generally available technology , and 
thus not necessar ily by graphic means, as long as the representation is clear , precise, self-contained, easily 
accessible, intelligi ble, durable and objective. 
(11)  The prote ction afforded by an EU trade mark, the function of which is in particular to guarantee the trade mark 
as an indication of origin, should be absolute in the case of identity between the mark and the sign and the 
goods or services. The prot ection should apply also in cases of similar ity between the mark and the sign and the 
goods or services. An interpretat ion should be given for the concept of similar ity in relation to the likelihood of 
confusion. The likelihood of confusion, the appreciation of whic h depends on numerous elements and, in 
particular , on the recognition of the trade mark on the mark et, the association whic h can be made with the used 
or registered sign, the degree of similar ity between the trade mark and the sign and between the goods or 
services identified, should constitute the specifi c condition for such prote ction. 
(12)  In order to ensure legal certainty and full consistency with the principle of priority, under whic h a register ed 
earlier trade mark takes precedence over later registered trade marks, it is necessar y to provide that the 
enforcement of rights conferr ed by an EU trade mark should be without prejudice to the rights of propr ietors 
acquired prior to the filing or priority date of the EU trade mark. This is in conf ormity with Article 16(1) of the 
Agreement on trade-relat ed aspects of intellectual proper ty rights of 15 Apr il 1994. 
(13)  Confusion as to the commercial source from whic h the goods or services emanat e may occur when a compan y 
uses the same or a similar sign as a trade name in such a way that a link is established between the compan y 
bear ing the name and the goods or services coming from that compan y. Infringement of an EU trade mark 
should theref ore also comprise the use of the sign as a trade name or similar designation as long as the use is 
made for the purposes of distinguishing goods or services. 16.6.2017 L 154/2 Official Jour nal of the European Union EN     (14)  In order to ensure legal certainty and full consiste ncy with specifi c Union legislation, it is appropr iate to provide 
that the propr ietor of an EU trade mark should be entitled to prohibit a third party from using a sign in 
compar ative adver tising where such compar ative adver tising is contrar y to Directive 2006/114/EC of the 
European Parliament and of the Council (1). 
(15)  In order to ensure trade mark protect ion and combat counte rfeiting effectively , and in line with internatio nal 
oblig ations of the Union under the framew ork of the World Trade Org anisation (WTO), in particular Article V of 
the General Agreement on Tariffs and Trade (GA TT) on freedom of transit and, as regards generic medicines, the 
‘Declaration on the TRIPS Agreement and public health’ adopt ed by the Doha WTO Minister ial Conf erence on 
14 November 2001, the propr ietor of an EU trade mark should be entitled to prevent third parties from bringing 
goods, in the course of trade, into the Union without being released for free circulation there, where such goods 
come from third countr ies and bear without author isation a trade mark whic h is identical or essentially identical 
with the EU trade mark registere d in respect of such goods. 
(16)  To this effect, it should be permissible for EU trade mark propr ietors to prevent the entr y of infringing goods and 
their placement in all customs situations, including transit, transhipment, warehousing, free zones, temporar y 
storage, inward processing or temporar y admission, also when such goods are not intended to be placed on the 
mark et of the Union. In perf orming customs controls, the custom s author ities should make use of the powers 
and procedures laid down in Regulation (EU) No 608/2013 of the European Parliament and the Council (2), also 
at the request of the right holders. In particular , the customs author ities should carry out the relevant controls on 
the basis of risk analysis criteria. 
(17)  In order to reconcile the need to ensure the effective enforcement of trade mark rights with the necessity to avoid 
ham pering the free flow of trade in legitimate goods, the entitlement of the propr ietor of the EU trade mark 
should lapse where, during the subsequent proceedings initiate d before the European Union trade mark cour t  
(‘EU trade mark cour t’) compet ent to take a substantive decision on whether the EU trade mark has been 
infringe d, the declarant or the holder of the goods is able to prove that the propr ietor of the EU trade mark is 
not entitled to prohibit the placing of the goods on the mark et in the countr y of final destination. 
(18)  Article 28 of Regulation (EU) No 608/2013 provides that a right holder is to be liable for damages towards the 
holder of the goods where, inter alia, the goods in question are subsequently found not to infringe an intellect ual 
proper ty right. 
(19)  Appropr iate measures should be taken with a view to ensur ing the smooth transit of gener ic medicines. With 
respect to intern ational non-propr ietar y names (INN) as globally recognised gener ic names for active substances 
in phar maceutical preparations, it is vital to take due account of the existing limitations on the effect of EU trade 
mark rights. Consequently , the propr ietor of an EU trade mark should not have the right to prevent a third party 
from bringing goods into the Union without being released for free circulation there, based upon similar ities 
between the INN for the active ingredient in the medicines and the trade mark. 
(20)  In order to enable propr ietors of EU trade marks to combat count erfeiting effectively , they should be entitled to 
prohibit the affixing of an infringing mark to goods and preparatory acts carried out prior to the affixing. 
(21)  The exclusive rights conferr ed by an EU trade mark should not entitle the propr ietor to prohibit the use of signs 
or indications by third parties whic h are used fairly and thus in accordance with honest practices in industr ial 
and commercial matt ers. In order to ensure equal conditions for trade names and EU trade marks in the event of 
conf licts, given that trade names are regularly grant ed unrestr icted prot ection against later trade marks , such use 
should be only considered to include the use of the personal name of the third party. It should further permit the 
use of descr iptive or non-distinctive signs or indications in general . Further more, the propr ietor should not be 
entitled to prevent the fair and honest use of the EU trade mark for the purpose of identifying or refer ring to the 
goods or services as those of the propr ietor . Use of a trade mark by third parties to draw the consumer's 
attention to the resale of genuine goods that were originally sold by or with the consent of the propr ietor of the 
EU trade mark in the Union should be considered as being fair as long as it is at the same time in accordance 16.6.2017 L 154/3 Official Jour nal of the European Union EN     
(1)Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concer ning misleading and comparat ive 
adver tising (OJ L 376, 27.12.2006, p. 21). 
(2)Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concer ning customs enforcement of 
intel lectual proper ty rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15). with honest practices in industr ial and commercial matte rs. Use of a trade mark by third parties for the purpose 
of artistic expression should be considered as being fair as long as it is at the same time in accordance with 
honest practices in industr ial and commercial matte rs. Further more, this Regulation should be applied in a way 
that ensures full respect for fundamental rights and freedoms, and in particular the freedom of expression. 
(22)  It follows from the principle of free movement of goods that it is essential that the propr ietor of an EU trade 
mark not be entitled to prohibit its use by a third party in relation to goods which have been put into circulation 
in the European Economic Area, under the trade mark, by him or with his consent, save where there exist 
legitimate reasons for the propr ietor to oppose further commercialisation of the goods. 
(23)  In order to ensure legal certainty and safeg uard legitimately acquired trade mark rights, it is appropr iate and 
necessar y to lay down, without prejudice to the principle that the later trade mark cannot be enforced against the 
earlier trade mark, that propr ietors of EU trade marks should not be entitled to oppose the use of a later trade 
mark if the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the 
later trade mark. 
(24)  There is no justif ication for protect ing EU trade marks or, as against them, any trade mark which has been 
register ed before them, excep t where the trade marks are actually used. 
(25)  For reasons of equity and legal certainty , the use of an EU trade mark in a form that differs in elements which do 
not alter the distinctive character of that mark in the form in which it is register ed should be suffi cient to 
preser ve the rights conferred rega rdless of whether the trade mark in the form as used is also registere d. 
(26)  An EU trade mark is to be regar ded as an object of proper ty which exists separately from the under takings 
whose goods or services are designat ed by it. According ly, it should be capable of being transferr ed, of being 
charged as secur ity in favour of a third party and of being the subject matt er of licences. 
(27)  Administrative measures are necessar y at Union level for implementing in relation to ever y trade mark the trade 
mark law laid down by this Regulation. It is theref ore essential, while retaining the Union's existing institutional 
structure and balance of powers, to provide for a European Union Intellectual Proper ty Offi ce (‘the Office’) which 
is independent in relation to technical matt ers and has legal, administrative and financia l auton omy. To this end it 
is necessar y and appropr iate that the Office should be a body of the Union having legal personality and 
exer cising the powers whic h are conferr ed on it by this Regulation, and that it should operate within the 
framew ork of Union law without detracting from the compet ences exer cised by the Union institutions. 
(28)  EU trade mark protection is grant ed in relation to specifi c goods or services whose nature and number determine 
the exte nt of protection afforded to the trade mark propr ietor. It is theref ore essential to lay down rules for the 
designation and classif ication of goods and services in this Regulation and to ensure legal certainty and sound 
administration by requir ing that the goods and services for which trade mark prote ction is sought are identif ied 
by the applicant with sufficient clarity and precision to enable the compet ent author ities and economic operat ors, 
on the basis of the application alone, to deter mine the extent of the protection applied for. The use of general 
term s should be interpr eted as only including all goods and services clearly covered by the literal meaning of the 
term . Propr ietors of EU trade marks , whic h because of the practice of the Offi ce prior to 22 June 2012 were 
register ed in respect of the entire heading of a class of the system of classification established by the Nice 
Agreement Concer ning the Intern ational Classification of Goods and Services for the Purposes of the Registration 
of Marks of 15 June 1957, should be given the possibility to adapt their lists of goods and services in order to 
ensure that the conte nt of the Registe r meets the requisit e standard of clarity and precision in accordance with 
the case law of the Cour t of Justice of the European Union. 
(29)  In order to avoid unnecessar y dela ys in registeri ng an EU trade mark, it is appropr iate to lay down a regime of 
optional EU and national trade mark searc hes that should be flexible in term s of user needs and preferences. The 
optional EU and national trade mark searches should be complement ed by the making available of all- 
encom passing, fast and powerful search engines for the use of the public free of charge within the cont ext of 
cooperation between the Office and the central industr ial proper ty office s of the Member State s, including the 
Benelux Office for Intellectual Proper ty. 16.6.2017 L 154/4 Official Jour nal of the European Union EN     (30)  It is necessar y to ensure that parties who are affect ed by decisions made by the Office are prot ected by the law in 
a manner which is suited to the special character of trade mark law. To that end, provision should be made for 
an appeal to lie from decisions of the various decision-making instances of the Offi ce. A Board of Appeal of the 
Offi ce should decide on the appeal. Decisions of the Boards of Appeal should, in turn, be amenable to actions 
before the General Cour t, which has jurisdiction to annul or to alter the contes ted decision. 
(31)  In order to ensure the prot ection of EU trade marks the Member States should designat e, having regard to their 
own national system, as limite d a number as possible of national cour ts of first and second instance having 
jurisdiction in matte rs of infringement and validity of EU trade marks. 
(32)  It is essential that decisions regarding the validity and infringe ment of EU trade marks have effect and cover the 
entire area of the Union, as this is the only way of preventing inconsist ent decisions on the part of the cour ts 
and the Office and of ensur ing that the unitar y character of EU trade marks is not under mined. The provisions of 
Regulation (EU) No 1215/2012 of the European Parliament and of the Council (1) should apply to all actions at 
law relating to EU trade marks, save where this Regulation derogat es from those rules. 
(33)  Contradict ory judgments should be avoided in actions which involve the same acts and the same parties and 
whic h are brought on the basis of an EU trade mark and parallel national trade marks. For this purpose, when 
the actions are brought in the same Member State , the way in whic h this is to be achi eved is a matter for national 
procedural rules, which are not prejudiced by this Regulation, whilst when the actions are brought in different 
Member State s, provisions modelled on the rules on lis pendens and relat ed actions of Regulation (EU) 
No 1215/2012 appear appropr iate. 
(34)  With the aim of promoting converg ence of practices and of developing common tools, it is necessar y to establish 
an appropr iate framewor k for cooperation between the Office and the industr ial proper ty offices of the 
Member State s, including the Benelux Offi ce for Intellectua l Proper ty, defining key areas of cooperation and 
enabling the Offi ce to coordinate relevant common projects of interest to the Union and the Member States and 
to finance, up to a maximum amount, those projects. Those cooperation activities should be benefic ial for 
under takings using trade mark syste ms in Europe. For users of the Union regime laid down in this Regulation, 
the projects, particularly the databases for searc h and consultation purposes, should provide additional, inclusive, 
efficient tools that are free of charge to comply with the specific requirements arising from the unitar y character 
of the EU trade mark. 
(35)  It is desirable to facilitat e friendly , expeditious and efficient dispute resolution by entr usting the Offi ce with the 
establishment of a mediation centre the services of whic h could be used by any person with the aim of achi eving 
a friendly settlement of dispute s relating to EU trade marks and Community designs by mutual agreement. 
(36)  The setting up of the EU trade mark system has resulted in increased financial burdens for the central industr ial 
proper ty office s and other author ities of the Member States. The additional costs are relat ed to the handling of 
a higher number of opposition and invalidity proceedings involving EU trade marks or brought by propr ietors of 
such trade marks ; to the awareness-raising activities linked to the EU trade mark syste m; as well as to activities 
intende d to ensure the enforcement of EU trade mark rights. It is, theref ore, appropr iate to ensure that the Office 
offset part of the costs incur red by Member States for the role they play in ensur ing the smooth functioning of 
the EU trade mark system. The payment of such offsetting should be subject to the submission, by Member States, 
of relevant statistical data. The offsetting of costs should not be of such an extent that it would cause a budgetary 
deficit for the Office. 
(37)  In order to guarantee the full autonom y and independence of the Office, it is considered necessar y to grant it an 
auton omous budget whose revenue comes principally from fees paid by the users of the system. However , the 
Union budgetary procedure remains applicable as far as any subsidies chargeable to the general budget of the 
Union are concer ned. Moreo ver, the auditing of accounts should be under taken by the Cour t of Aud itors. 16.6.2017 L 154/5 Official Jour nal of the European Union EN     
(1)Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the 
recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). (38)  In the inter est of sound financial management , the accumulation by the Offi ce of signif icant budgetary surpluses 
should be avoided. This should be without prejudice to the Office maintaining a financial reser ve covering one 
year of its operational expenditure to ensure the continuity of its operations and the perf ormance of its tasks. 
That reser ve should only be used to ensure the continuity of the tasks of the Offi ce as specifi ed in this Regu ­
lation. 
(39)  Given the essential importance of the amounts of fees payable to the Offi ce for the functioning of the EU trade 
mark system and its compl ementar y relationship as regards national trade mark syste ms, it is necessar y to set 
those fee amounts directly in this Regulation in the form of an annex. The amounts of the fees should be fixed at 
a level which ensures that: first, the revenue they produce is in principle suffic ient for the budge t of the Offi ce to 
be balanced; second, there is coexistence and compl ementar ity between the EU trade mark and the national trade 
mark systems, also taking into account the size of the market covered by the EU trade mark and the needs of 
small and medium-sized enterprises; and third, the rights of propr ietors of an EU trade mark are enforced 
efficiently in the Member States. 
(40)  In order to ensure an effective, efficient and expeditious examination and registration of EU trade mark 
applications by the Offi ce using procedures whic h are transparent, thorough, fair and equitable, the power to 
adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should 
be delegat ed to the Commission in respect of specifying the details on the procedures for filing and examining an 
opposition and on the procedures governing the amendment of the application. 
(41)  In order to ensure that an EU trade mark can be revok ed or declared inva lid in an effective and efficient way by 
means of transparent, thorough, fair and equitable procedures, the power to adop t acts in accordance with 
Article 290 TFEU should be deleg ated to the Commission in respect of specifying the procedures for revocati on 
and declaration of inva lidity . 
(42)  In order to allow for an effective, efficient and complet e review of decisions of the Office by the Boards of 
Appeal by means of a transparent, thorough, fair and equitable procedure which takes into account the principles 
laid down in this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegat ed 
to the Commission in respect of specifying the formal cont ent of the notice of appeal, the procedure for the 
filing and examination of an appeal, the formal content and form of the Board of Appeal's decisions, and the 
reimbursement of the appeal fees. 
(43)  In order to ensure a smooth, effective and effic ient operation of the EU trade mark system, the power to adopt 
acts in accordance with Article 290 TFEU should be delegat ed to the Commission in respect of specifying the 
requirements as to the details on oral proceedings and the detailed arrangements for taking of evidence, the 
detailed arrangements for notific ation, the means of communication and the forms to be used by the parties to 
proceedings, the rules governing the calculation and duration of time limits, the procedures for the revocati on of 
a decision or for cancellation of an entr y in the Registe r, the detailed arrangements for the resum ption of 
proceedings, and the details on representation before the Office. 
(44)  In order to ensure an effective and efficient organisation of the Boards of Appeal, the power to adopt acts in 
accordance with Article 290 TFEU should be delegat ed to the Commission in respect of specifying the details on 
the organisation of the Boards of Appeal. 
(45)  In order to ensure the effective and effic ient registration of international trade marks in a manner that is fully 
consiste nt with the rules of the Protocol relating to the Madr id Agreement concer ning the internatio nal 
registration of marks , adopt ed at Madr id on 27 June 1989 (‘Madr id Protocol’), the power to adopt acts in 
accordance with Article 290 TFEU should be delegat ed to the Commission in respect of specifying the details on 
the procedures concer ning the filing and examination of an opposition, including the necessar y communications 
to be made to the World Intellectual Proper ty Org anisation (WIPO), and the details of the procedure concer ning 
international registrations based on a basic application or basic registration relating to a collective mark, certifi­
cation mark or guarantee mark. 
(46)  It is of particular importance that the Commission carry out appropr iate consultations during its preparat ory 
work, including at exper t level, and that those consultations be conduct ed in accordance with the principles laid 
down in the Interinstitutional Agreement of 13 Apr il 2016 on Bett er Law-Making (1). In particular , to ensure 16.6.2017 L 154/6 Official Jour nal of the European Union EN     
(1)OJ L 123, 12.5.2016, p. 1. equal participation in the preparation of delegat ed acts, the European Parliament and the Council receive all 
documents at the same time as Member States' exper ts, and their exper ts system atically have access to meetings 
of Commission exper t groups dealing with the preparation of delega ted acts. 
(47)  In order to ensure unif orm conditions for the implementation of this Regulation, imple menting powers should 
be conferr ed on the Commission in respect of specifying the details concer ning applications, requests, certificates, 
claims, regulations, notifications and any other document under the relevant procedural requirements established 
by this Regulation, as well as in respect of maximum rates for costs essential to the proceedings and actually 
incur red, details concer ning publications in the European Union Trade Marks Bulletin and the Official Jour nal of 
the Offi ce, the detailed arrange ments for exchange of information between the Offi ce and national author ities, 
detailed arrang ements concer ning translations of suppor ting documents in written proceedings, exact types of 
decisions to be taken by a sing le member of the opposition or cancellation divisions, details of the notification 
oblig ation pursuant to the Madr id Protocol , and detailed requirements regar ding the request for territorial 
exte nsion subsequent to international registration. Those powers should be exercised in accordance with 
Regulation (EU) No 182/2011 of the European Parliament and of the Council (1). 
(48)  Since the objectives of this Regulation cannot be suffi ciently achieved by the Member States but can rather , by 
reason of its scale and effects, be better achi eved at Union level, the Union may adopt measures, in accordance 
with the principle of subsidiar ity as set out in Article 5 of the Treaty on European Union. In accordance with the 
principle of propor tionality as set out in that Article, this Regulation does not go beyond what is necessar y in 
order to achieve those objectives, 
HAVE ADOPTED THIS REGUL ATION: 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 
EU trade mark 
1. A trade mark for goods or services which is register ed in accordance with the conditions contained in this 
Regulation and in the manner herein provided is hereinaf ter refer red to as a ‘European Union trade mark (“EU trade 
mark”)’. 
2. An EU trade mark shall have a unitar y charact er. It shall have equal effect throughout the Union: it shall not be 
register ed, transferr ed or surrendered or be the subject of a decision revoki ng the rights of the propr ietor or declar ing it 
invalid, nor shall its use be prohibited, save in respect of the whole Union. This principle shall apply unless other wise 
provided for in this Regulation. 
Article 2 
Office 
1. A European Union Intellectual Proper ty Offi ce (‘the Offi ce’) is established. 
2. All referen ces in Union law to the Office for Harmonization in the Internal Mark et (Trade Marks and Designs) shall 
be read as references to the Office. 
Article 3 
Capacity to act 
For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regar ded as legal 
persons if, under the terms of the law governing them, they have the capacity in their own name to have rights and 
oblig ations of all kinds, to make contracts or accompl ish other legal acts, and to sue and be sued. 16.6.2017 L 154/7 Official Jour nal of the European Union EN     
(1)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 Febr uary 2011 laying down the rules and general 
principles concer ning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 
28.2.2011, p. 13). CHA PTER II 
THE LAW REL ATING TO TRADE MARK S 
SECTION 1 
Definition of an EU trade mark and obtaining an EU trade mark 
Article 4 
Signs of which an EU trade mark may consis t 
An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, 
colours, the shape of goods or of the packag ing of goods, or sounds, provided that such signs are capable of: 
(a)  distinguishing the goods or services of one under taking from those of other under takings; and 
(b)  being represente d on the Register of European Union trade marks (‘the Regist er’), in a manner whic h enables the 
compet ent author ities and the public to determine the clear and precise subject matte r of the protection afforded to 
its propr ietor. 
Article 5 
Persons who can be propr ietors of EU trade mark s 
Any natural or lega l person, including author ities established under public law, may be the propr ietor of an EU trade 
mark. 
Article 6 
Means whereb y an EU trade mark is obtained 
An EU trade mark shall be obtained by registration. 
Article 7 
Absolute grounds for refusal 
1. The following shall not be registered: 
(a)  signs whic h do not conf orm to the requirements of Article 4; 
(b)  trade marks which are devoid of any distinctive character; 
(c)  trade marks which consist excl usively of signs or indications which may serve, in trade, to designate the kind, 
quality , quantity , intende d purpose, value, geographical origin or the time of production of the goods or of 
render ing of the service, or other character istics of the goods or service; 
(d)  trade marks which consist exclusively of signs or indications which have become customary in the current language 
or in the bona fide and established practices of the trade; 
(e)  signs whic h consist exclusively of: 
(i)  the shape, or another character istic, whic h results from the nature of the goods themselves; 
(ii)  the shape, or another character istic, of goods whic h is necessar y to obtain a technical result ; 
(iii)  the shape, or another character istic, whic h gives substantial value to the goods; 
(f)  trade marks which are contrar y to public policy or to accept ed principles of morality ; 16.6.2017 L 154/8 Official Jour nal of the European Union EN     (g)  trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or 
geographical origin of the goods or service; 
(h)  trade marks whic h have not been author ised by the compet ent author ities and are to be refused pursuant to 
Article 6ter of the Paris Convention for the Protection of Industr ial Proper ty (‘Paris Conv ention’); 
(i)  trade marks which include badges, emblems or escutche ons other than those covered by Article 6ter of the Paris 
Conv ention and which are of particular public interest, unless the consent of the compet ent author ity to their 
registration has been given; 
(j)  trade marks which are excluded from registration, pursuant to Union legislation or national law or to international 
agreements to which the Union or the Member State concer ned is party, providing for protect ion of designations of 
origin and geographical indications; 
(k)  trade marks whic h are excluded from registration pursuant to Union legislation or internati onal agreements to 
which the Union is party, providing for protect ion of traditional term s for wine; 
(l)  trade marks whic h are excluded from registration pursuant to Union legislation or internati onal agreements to 
which the Union is party, providing for protect ion of traditional specialities guaranteed; 
(m)  trade marks which consist of, or reproduce in their essential elements, an earlier plant variety denomination 
register ed in accordance with Union legislation or national law, or intern ational agreements to whic h the Union or 
the Member State concer ned is a party, providing for prote ction of plant variety rights, and which are in respect of 
plant varieties of the same or closely relat ed species. 
2. Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Union. 
3. Paragraph 1(b), (c) and (d) shall not apply if the trade mark has become distinctive in relation to the goods or 
services for which registration is requested as a consequence of the use whic h has been made of it. 
Article 8 
Relativ e grounds for refusal 
1. Upon opposition by the propr ietor of an earlier trade mark, the trade mark applied for shall not be registere d: 
(a)  if it is identical with the earlier trade mark and the goods or services for whic h registration is applied for are 
identical with the goods or services for which the earlier trade mark is protect ed; 
(b)  if, because of its identity with, or similar ity to, the earlier trade mark and the identity or similar ity of the goods or 
services covered by the trade marks there exists a likelihood of confusion on the part of the public in the territory in 
which the earlier trade mark is prot ected; the likelihood of confusion includes the likelihood of association with the 
earlier trade mark. 
2. For the purposes of paragraph 1, ‘earlier trade mark’ means: 
(a)  trade marks of the following kinds with a date of application for registration whic h is earlier than the date of 
application for registration of the EU trade mark, taking account, where appropr iate, of the priorities claimed in 
respect of those trade marks : 
(i)  EU trade marks ; 
(ii)  trade marks register ed in a Member State , or, in the case of Belgium, the Netherlands or Luxembourg, at the 
Benelux Office for Intellectual Proper ty; 
(iii)  trade marks register ed under intern ational arrange ments whic h have effect in a Member State; 
(iv)  trade marks register ed under intern ational arrange ments whic h have effect in the Union; 
(b)  applications for the trade marks referred to in point (a), subject to their registration; 
(c)  trade marks which, on the date of application for registration of the EU trade mark, or, where appropr iate, of the 
priority claimed in respect of the application for registration of the EU trade mark, are well known in 
a Member State, in the sense in which the words ‘well kno wn’ are used in Article 6bis of the Paris Convention. 16.6.2017 L 154/9 Official Jour nal of the European Union EN     3. Upon opposition by the propr ietor of the trade mark, a trade mark shall not be registe red where an agent or rep­
resentative of the propr ietor of the trade mark applies for registration thereof in his own name without the propr ietor's 
consent, unless the agent or representative justifies his action. 
4. Upon opposition by the propr ietor of a non-regist ered trade mark or of another sign used in the course of trade of 
more than mere local significance, the trade mark applied for shall not be registere d where and to the extent that, 
pursuant to Union legislation or the law of the Member State governing that sign: 
(a)  rights to that sign were acquired prior to the date of application for registration of the EU trade mark, or the date of 
the priority claimed for the application for registration of the EU trade mark; 
(b)  that sign confers on its propr ietor the right to prohibit the use of a subsequent trade mark. 
5. Upon opposition by the propr ietor of a registered earlier trade mark within the meaning of paragraph 2, the trade 
mark applied for shall not be registered where it is identical with, or similar to, an earlier trade mark, irrespective of 
whether the goods or services for whic h it is applied are identical with, similar to or not similar to those for which the 
earlier trade mark is registe red, where, in the case of an earlier EU trade mark, the trade mark has a reputation in the 
Union or, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concer ned, 
and where the use without due cause of the trade mark applied for would take unfai r advantag e of, or be detr imental to, 
the distinctive character or the reput e of the earlier trade mark. 
6. Upon opposition by any person author ised under the relevant law to exercise the rights arising from a designation 
of origin or a geographical indication, the trade mark applied for shall not be register ed where and to the extent that, 
pursuant to the Union legislation or national law providing for the prot ection of designations of origin or geographical 
indications: 
(i)  an application for a designation of origin or a geographical indication had already been submitted, in accordance 
with Union legislation or national law, prior to the date of application for registration of the EU trade mark or the 
date of the priority claimed for the application, subject to its subsequent registration; 
(ii)  that designation of origin or geographical indication confer s the right to prohibit the use of a subsequent trade 
mark. 
SECTION 2 
Effects of an EU trade mark 
Article 9 
Rights confe rred by an EU trade mark 
1. The registration of an EU trade mark shall confe r on the propr ietor excl usive rights therein. 
2. Without prejudice to the rights of propr ietors acquired before the filing date or the priority date of the EU trade 
mark, the propr ietor of that EU trade mark shall be entitled to prevent all third parties not having his consent from 
using in the course of trade, in relation to goods or services, any sign where: 
(a)  the sign is identical with the EU trade mark and is used in relation to goods or services which are identical with 
those for whic h the EU trade mark is registered; 
(b)  the sign is identical with, or similar to, the EU trade mark and is used in relation to goods or services which are 
identical with, or similar to, the goods or services for which the EU trade mark is register ed, if there exists 
a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association 
between the sign and the trade mark; 
(c)  the sign is identical with, or similar to, the EU trade mark irrespective of whether it is used in relation to goods or 
services whic h are identical with, similar to or not similar to those for which the EU trade mark is register ed, where 
the latte r has a reputation in the Union and where use of that sign without due cause takes unfai r advantage of, or is 
detr imental to, the distinctive charact er or the reput e of the EU trade mark. 16.6.2017 L 154/10 Official Jour nal of the European Union EN     3. The following, in particular , may be prohibit ed under paragraph 2: 
(a)  affixing the sign to the goods or to the packag ing of those goods; 
(b)  offer ing the goods, putting them on the mark et, or stoc king them for those purposes under the sign, or offer ing or 
supplying services thereunder; 
(c)  imp orting or expor ting the goods under the sign; 
(d)  using the sign as a trade or compan y name or part of a trade or compan y name; 
(e)  using the sign on business papers and in adver tising; 
(f)  using the sign in compar ative adver tising in a manner that is contrar y to Directive 2006/114/EC. 
4. Without prejudice to the rights of propr ietors acquired before the filing date or the priority date of the EU trade 
mark, the propr ietor of that EU trade mark shall also be entitled to prevent all third parties from bringing goods, in the 
course of trade, into the Union without being released for free circulation there, where such goods, including packag ing, 
come from third countr ies and bear without author isation a trade mark whic h is identical with the EU trade mark 
register ed in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. 
The entitlement of the propr ietor of an EU trade mark pursuant to the first subparagraph shall lapse if, during the 
proceedings to deter mine whether the EU trade mark has been infringed, initiated in accordance with Regulation (EU) 
No 608/2013, evidence is provided by the declarant or the holder of the goods that the propr ietor of the EU trade mark 
is not entitled to prohibit the placing of the goods on the market in the countr y of final destination. 
Article 10 
Right to prohibit preparato ry acts in relation to the use of packaging or other means 
Where the risk exists that the packaging, labels, tags, secur ity or authenticity features or devices or any other means to 
whic h the mark is affixed could be used in relation to goods or services and such use would constitute an infringement 
of the rights of the propr ietor of an EU trade mark under Article 9(2) and (3), the propr ietor of that trade mark shall 
have the right to prohibit the following acts if carried out in the course of trade: 
(a)  affixing a sign identical with, or similar to, the EU trade mark on packag ing, labels, tags, secur ity or authenticity 
features or devices or any other means to which the mark may be affixed; 
(b)  offer ing or placing on the market, or stoc king for those purposes, or importing or expor ting, packag ing, labels, tags, 
secur ity or authenticity features or devices or any other means to whic h the mark is affixed. 
Article 11 
Date from which rights against third parties prevail 
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. 
2. Reasonable compen sation may be claimed in respect of acts occur ring after the date of publication of an EU trade 
mark application, where those acts would, after publication of the registration of the trade mark, be prohibit ed by virtue 
of that publication. 
3. A cour t seised of a case shall not decide upon the mer its of that case until the registration has been published. 16.6.2017 L 154/11 Official Jour nal of the European Union EN     Article 12 
Reproduction of an EU trade mark in a dictionar y 
If the reproduction of an EU trade mark in a dictionar y, ency clopaedia or similar reference work gives the impression 
that it constitute s the gener ic name of the goods or services for which the trade mark is register ed, the publisher of the 
work shall, at the request of the propr ietor of the EU trade mark, ensure that the reproduction of the trade mark at the 
latest in the next edition of the publication is accompan ied by an indication that it is a register ed trade mark. 
Article 13 
Prohibition of the use of an EU trade mark registered in the name of an agent or representative 
Where an EU trade mark is register ed in the name of the agent or representative of a person who is the propr ietor of 
that trade mark, without the propr ietor's author isation, the latter shall be entitled to oppose the use of his mark by his 
agent or representative if he has not author ised such use, unless the agent or representative justif ies his action. 
Article 14 
Limitation of the effects of an EU trade mark 
1. An EU trade mark shall not entitle the propr ietor to prohibit a third party from using, in the course of trade: 
(a)  the name or address of the third party, where that third party is a natural person; 
(b)  signs or indications which are not distinctive or which concer n the kind, quality , quantity , intended purpose, value, 
geographical origin, the time of production of goods or of render ing of the service, or other characteri stics of the 
goods or services; 
(c)  the EU trade mark for the purpose of identifying or refer ring to goods or services as those of the propr ietor of that 
trade mark, in particular , where the use of that trade mark is necessar y to indicate the intended purpose of 
a product or service, in particular as accessor ies or spare parts. 
2. Paragraph 1 shall only apply where the use made by the third party is in accordance with honest practices in 
industr ial or commercial matt ers. 
Article 15 
Exhaustion of the rights confer red by an EU trade mark 
1. An EU trade mark shall not entitle the propr ietor to prohibit its use in relation to goods which have been put on 
the mark et in the European Economic Area under that trade mark by the propr ietor or with his consent. 
2. Paragraph 1 shall not apply where there exist legitimate reasons for the propr ietor to oppose further commercial ­
isation of the goods, especially where the condition of the goods is changed or imp aired after they have been put on the 
mark et. 
Article 16 
Inter vening right of the propr ietor of a later regis tered trade mark as a defence in infr ingement 
proceedings 
1. In infringement proceedings, the propr ietor of an EU trade mark shall not be entitled to prohibit the use of a later 
register ed EU trade mark where that later trade mark would not be declared inva lid pursuant to Article 60(1), (3) or (4), 
Article 61(1) or (2), or Article 64(2) of this Regulation. 16.6.2017 L 154/12 Official Jour nal of the European Union EN     2. In infringement proceedings, the propr ietor of an EU trade mark shall not be entitled to prohibit the use of a later 
register ed national trade mark where that later register ed national trade mark would not be declared invalid pursuant to 
Article 8 or Article 9(1) or (2), or Article 46(3) of Directive (EU) 2015/2436 of the European Parliament and of the 
Council (1). 
3. Where the propr ietor of an EU trade mark is not entitled to prohibit the use of a later register ed trade mark 
pursuant to paragraph 1 or 2, the propr ietor of that later registered trade mark shall not be entitled to prohibit the use 
of that earlier EU trade mark in infringement proceedings. 
Article 17 
Complement ary application of national law relating to infr ingement 
1. The effects of EU trade marks shall be governed solely by the provisions of this Regulation. In other respects, 
infringemen t of an EU trade mark shall be governed by the national law relating to infringement of a national trade 
mark in accordance with the provisions of Chapt er X. 
2. This Regulation shall not prevent actions concer ning an EU trade mark being brought under the law of 
Member States relating in particular to civil liability and unfai r compet ition. 
3. The rules of procedure to be applied shall be deter mined in accordance with the provisions of Chapt er X. 
SECTION 3 
Use of an EU trade mark 
Article 18 
Use of an EU trade mark 
1. If, within a period of five years following registration, the propr ietor has not put the EU trade mark to genuine use 
in the Union in connection with the goods or services in respect of which it is registered, or if such use has been 
suspended during an uninter rupted period of five years, the EU trade mark shall be subject to the sanctions provided for 
in this Regulation, unless there are proper reasons for non-use. 
The following shall also constitut e use within the meaning of the first subparagraph: 
(a)  use of the EU trade mark in a form differin g in elements which do not alter the distinctive charact er of the mark in 
the form in which it was registered, regar dless of whether or not the trade mark in the form as used is also 
registere d in the name of the propr ietor; 
(b)  affixing of the EU trade mark to goods or to the packag ing thereof in the Union solely for expor t purposes. 
2. Use of the EU trade mark with the consent of the propr ietor shall be deemed to constitute use by the propr ietor. 
SECTION 4 
EU trade marks as objects of proper ty 
Article 19 
Dealing with EU trade mark s as national trade marks 
1. Unless Articles 20 to 28 provide other wise, an EU trade mark as an object of proper ty shall be dealt with in its 
entirety , and for the whole area of the Union, as a national trade mark register ed in the Member State in which , 
according to the Register: 
(a)  the propr ietor has his seat or his domicile on the relevant date; 
(b)  where point (a) does not apply , the propr ietor has an establishment on the relevant date. 16.6.2017 L 154/13 Official Jour nal of the European Union EN     
(1)Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to appro ximat e the laws of the 
Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1). 2. In cases whic h are not provided for by paragraph 1, the Member State refer red to in that paragraph shall be the 
Member State in which the seat of the Offi ce is situated. 
3. If two or more persons are mentioned in the Regist er as joint propr ietors, paragraph 1 shall apply to the joint 
propr ietor first mentioned; failing this, it shall apply to the subsequent joint propr ietors in the order in whic h they are 
mentioned. Where paragraph 1 does not apply to any of the joint propr ietors, paragraph 2 shall apply . 
Article 20 
Transfer 
1. An EU trade mark may be transferr ed, separately from any transfer of the under taking, in respect of some or all of 
the goods or services for whic h it is register ed. 
2. A transfer of the whole of the under taking shall include the transfe r of the EU trade mark exce pt where, in 
accordance with the law governing the transfer , there is agreement to the contrar y or circumstances clearly dictate 
other wise. This provision shall apply to the contractual oblig ation to transfer the under taking. 
3. Without prejudice to paragraph 2, an assignment of the EU trade mark shall be made in writing and shall require 
the signature of the parties to the contract, excep t when it is a result of a judgment ; other wise it shall be void. 
4. On request of one of the parties a transfer shall be entered in the Register and published. 
5. An application for registration of a transfer shall contain information to identify the EU trade mark, the new 
propr ietor, the goods and services to whic h the transfer relates, as well as documents duly establishing the transfer in 
accordance with paragraphs 2 and 3. The application may further contain, where applicable, information to identify the 
representative of the new propr ietor. 
6. The Commission shall adopt implementing acts specifying: 
(a)  the details to be contained in the application for registration of a transfer; 
(b)  the kind of documentation required to establish a transfer , taking account of the agreements given by the register ed 
propr ietor and the successor in title; 
(c)  the details of how to process applications for partial transfe rs, ensur ing that the goods and services in the remaining 
registration and the new registration do not overlap and that a separate file, including a new registration number , is 
established for the new registration. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to in Article 207(2). 
7. Where the conditions applicable to the registration of a transfe r, as laid down in paragraphs 1, 2 and 3, or in the 
implementing acts referred to in paragraph 6, are not fulfilled, the Office shall notify the applicant of the deficiencies. If 
the deficiencies are not remedied within a period to be specifi ed by the Office, it shall reject the application for 
registration of the transfer . 
8. A sing le application for registration of a transfer may be submitted for two or more trade marks , provided that the 
register ed propr ietor and the successor in title are the same in each case. 
9. Paragraphs 5 to 8 shall also apply to applications for EU trade marks. 
10. In the case of a partial transfer , any application made by the original propr ietor pending with regard to the 
original registration shall be deemed to be pending with regard to the remaining registration and the new registration. 
Where such application is subject to the payment of fees and those fees have been paid by the original propr ietor, the 
new propr ietor shall not be liable to pay any additional fees with regard to such application. 
11. As long as the transfer has not been entered in the Regist er, the successor in title may not invoke the rights 
arising from the registration of the EU trade mark. 
12. Where there are time limits to be obser ved vis-à-vis the Office, the successor in title may make the corresponding 
statements to the Office once the request for registration of the transfer has been received by the Office. 16.6.2017 L 154/14 Official Jour nal of the European Union EN     13. All documents whic h require notifi cation to the propr ietor of the EU trade mark in accordance with Article 98 
shall be addressed to the person register ed as propr ietor. 
Article 21 
Transfe r of a trade mark regis tered in the name of an agent 
1. Where an EU trade mark is register ed in the name of the agent or representative of a person who is the propr ietor 
of that trade mark, without the propr ietor's author isation, the latter shall be entitled to demand the assignment of the 
EU trade mark in his favour, unless such agent or representative justifies his action. 
2. The propr ietor may submit a request for assignment pursuant to paragraph 1 of this Article to the following: 
(a)  the Offi ce, pursuant to Article 60(1)(b), inste ad of an application for a declaration of invalidity ; 
(b)  a European Union trade mark cour t (‘EU trade mark cour t’) as referred to in Article 123, instead of a count erclaim 
for a declaration of invalidity based on Article 128(1). 
Article 22 
Rights in rem 
1. An EU trade mark may, independently of the under taking, be given as secur ity or be the subject of rights in rem. 
2. At the request of one of the parties, the rights refer red to in paragraph 1 or the transfe r of those rights shall be 
entered in the Register and published. 
3. An entr y in the Register effected pursuant to paragraph 2 shall be cancelled or modified at the request of one of 
the parties. 
Article 23 
Levy of execution 
1. An EU trade mark may be levied in executi on. 
2. As regards the procedure for levy of execution in respect of an EU trade mark, the cour ts and author ities of the 
Member States deter mined in accordance with Article 19 shall have exclusive jurisdiction. 
3. On request of one the parties, the levy of execution shall be entered in the Regist er and published. 
4. An entr y in the Register effected pursuant to paragraph 3 shall be cancelled or modified at the request of one of 
the parties. 
Article 24 
Insolv ency proceedings 
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 debtor has his centre of main inter ests. 
However , where the debt or is an insurance under taking or a credit institution as defined in Directive 2009/138/EC of 
the European Parliament and of the Council (1) and Directive 2001/24/EC of the European Parliament and of the 
Council (2), respectively , the only insolvency proceedings in which an EU trade mark may be involved are those opened 
in the Member State where that under taking or institution has been author ised. 16.6.2017 L 154/15 Official Jour nal of the European Union EN     
(1)Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the 
business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 
(2)Directive 2001/24/EC of the European Parliament and of the Council of 4 Apr il 2001 on the reorganisation and winding up of credit 
institutions (OJ L 125, 5.5.2001, p. 15). 2. In the case of joint propr ietorship of an EU trade mark, paragraph 1 shall apply to the share of the joint 
propr ietor. 
3. Where an EU trade mark is involved in insolvency proceedings, on request of the compet ent national author ity an 
entr y to this effect shall be made in the Regist er and published in the European Union Trade Marks Bulletin referred to 
in Article 116. 
Article 25 
Licensing 
1. An EU trade mark may be licensed for some or all of the goods or services for which it is register ed and for the 
whole or part of the Union. A licence may be excl usive or non-exc lusive. 
2. The propr ietor of an EU trade mark may invoke the rights confe rred by that trade mark against a licensee who 
contrav enes any provision in his licensing contract with regard to: 
(a)  its duration; 
(b)  the form covered by the registration in whic h the trade mark may be used; 
(c)  the scope of the goods or services for which the licence is grant ed; 
(d)  the territory in which the trade mark may be affixed; or 
(e)  the quality of the goods manufactured or of the services provided by the licensee. 
3. Without prejudice to the provisions of the licensing contract, the licensee may bring proceedings for infringement 
of an EU trade mark only if its propr ietor consents theret o. However , the holder of an exclusive licence may bring such 
proceedings if the propr ietor of the trade mark, after formal notice, does not himself bring infringemen t proceedings 
within an appropr iate period. 
4. A licensee shall, for the purpose of obtaining compen sation for damage suffered by him, be entitled to inter vene in 
infringemen t proceedings brought by the propr ietor of the EU trade mark. 
5. On request of one of the parties the grant or transfer of a licence in respect of an EU trade mark shall be entered 
in the Regist er and published. 
6. An entr y in the Register effected pursuant to paragraph 5 shall be cancelled or modified at the request of one of 
the parties. 
Article 26 
Procedure for enter ing licences and other rights in the Register 
1. Article 20(5) and (6) and the rules adopt ed pursuant to it and Article 20(8) shall apply mutatis mutandis to the 
registration of a right in rem or transfer of a right in rem as referred to in Article 22(2), the levy of execution as referred 
to in Article 23(3), the involvement in insolvency proceedings as referred to in Article 24(3), as well as to the 
registration of a licence or transfer of a licence as referred to in Article 25(5), subject to the following: 
(a)  the requirement relating to the identif ication of goods and services to whic h the transfe r relat es shall not apply in 
respect of a request for registration of a right in rem, of a levy of execution or of insolvency proceedings; 
(b)  the requirement relating to the documents proving the transfe r shall not apply where the request is made by the 
propr ietor of the EU trade mark. 
2. The application for registration of the rights refer red to in paragraph 1 shall not be deemed to have been filed 
until the required fee has been paid. 16.6.2017 L 154/16 Official Jour nal of the European Union EN     3. The application for registration of a licence may contain a request to record a licence in the Register as one or 
more of the following: 
(a)  an excl usive licence; 
(b)  a sub-licence in the event that the licence is grant ed by a licensee whose licence is recorded in the Regist er; 
(c)  a licence limited to only part of the goods or services for which the mark is registered; 
(d)  a licence limited to part of the Union; 
(e)  a temporar y licence. 
Where a request is made to record the licence as a licence listed in points (c), (d) and (e) of the first subparagraph, the 
application for registration of a licence shall indicate the goods and services, the part of the Union and the time period 
for which the licence is granted. 
4. Where the conditions applicable to registration, as laid down in Articles 22 to 25, in paragraphs 1 and 3 of this 
Article and in the other applicable rules adopt ed pursuant to this Regulation, are not fulfilled, the Office shall notify the 
applicant of the deficiency . If the deficiency is not corrected within a period specif ied by the Office, it shall reject the 
application for registration. 
5. Paragraphs 1 and 3 shall apply mutatis mutandis to applications for EU trade marks . 
Article 27 
Effects vis-à-vis third parties 
1. Lega l acts referred to in Articles 20, 22 and 25 concer ning an EU trade mark shall have effects vis-à-vis third parties 
in all the Member States only after entr y in the Registe r. Never theless, such an act, before it is so entered, shall have 
effect vis-à-vis third parties who have acquired rights in the trade mark after the date of that act but who knew of the 
act at the date on whic h the rights were acquired. 
2. Paragraph 1 shall not apply in the case of a person who acquires the EU trade mark or a right concer ning the 
EU trade mark by way of transfer of the whole of the under taking or by any other universal succession. 
3. The effects vis-à-vis third parties of the legal acts referred to in Article 23 shall be governed by the law of the 
Member State deter mined in accordance with Article 19. 
4. Until such time as common rules for the Member States in the field of bankr uptcy enter into force, the effects 
vis-à-vis third parties of bankr uptcy or similar proceedings shall be governed by the law of the Member State in which 
such proceedings are first brought within the meaning of national law or of conventions applicable in this field. 
Article 28 
The application for an EU trade mark as an object of proper ty 
Articles 19 to 27 shall apply to applications for EU trade marks. 
Article 29 
Procedure for cancelling or modifying the entr y in the Register of licences and other rights 
1. A registration effected under Article 26(1) shall be cancelled or modifi ed at the request of one of the persons 
concer ned. 
2. The application shall contain the registration number of the EU trade mark concer ned and the particulars of the 
right for whic h registration is requeste d to be cancelled or modified. 
3. The application for cancellation of a licence, a right in rem or an enforcement measure shall not be deemed to have 
been filed until the required fee has been paid. 16.6.2017 L 154/17 Official Jour nal of the European Union EN     4. The application shall be accompan ied by documents showing that the registe red right no long er exists or that the 
licensee or the holder of another right consents to the cancellation or modifi cation of the registration. 
5. Where the requirements for cancellation or modification of the registration are not satisfied, the Offi ce shall notify 
the applicant of the deficien cy. If the deficiency is not corrected within a period to be specified by the Office, it shall 
reject the application for cancellation or modif ication of the registration. 
6. Paragraphs 1 to 5 of this Article shall apply mutatis mutandis to entr ies made in the files pursuant to Article 26(5). 
CHAPTER III 
APPLIC ATION FOR EU TRADE MARK S 
SECTION 1 
Filing of applications and the conditions which govern them 
Article 30 
Filing of applications 
1. An application for an EU trade mark shall be filed at the Office. 
2. The Office shall issue to the applicant, without dela y, a receipt whic h shall include at least the file number , 
a representation, descr iption or other identif ication of the mark, the nature and the number of the documents and the 
date of their receipt. That receipt may be issued by electronic means. 
Article 31 
Conditions with which applications must comply 
1. An application for an EU trade mark shall contain: 
(a)  a request for the registration of an EU trade mark; 
(b)  information identifying the applicant ; 
(c)  a list of the goods or services in respect of whic h the registration is request ed; 
(d)  a representation of the mark, whic h satisfies the requirements set out in Article 4(b). 
2. The application for an EU trade mark shall be subject to the payment of the application fee covering one class of 
goods or services and, where appropr iate, of one or more class fees for each class of goods and services exceed ing the 
first class and, where applicable, the searc h fee. 
3. In addition to the requirements refer red to in paragraphs 1 and 2, an application for an EU trade mark shall 
compl y with the formal requirements laid down in this Regulation and in the implementing acts adopt ed pursuant to it. 
If those conditions provide for the trade mark to be represent ed electronically , the Executive Director may determine the 
formats and maximum size of such an electronic file. 
4. The Commission shall adop t imp lementing acts specifying the details to be contained in the application. Those 
implementing acts shall be adopt ed in accordance with the examination procedure refer red to in Article 207(2). 
Article 32 
Date of filing 
The date of filing of an EU trade mark application shall be the date on whic h the documents containing the information 
specified in Article 31(1) are filed with the Offi ce by the applicant, subject to payment of the application fee within one 
month of filing those documents. 16.6.2017 L 154/18 Official Jour nal of the European Union EN     Article 33 
Designation and classif ication of goods and services 
1. Goods and services in respect of which trade mark registration is applied for shall be classif ied in conf ormity with 
the system of classification established by the Nice Agreement Concer ning the Internati onal Classification of Goods and 
Services for the Purposes of the Registration of Marks of 15 June 1957 (‘the Nice Classif ication’). 
2. The goods and services for whic h the protection of the trade mark is sought shall be identif ied by the applicant 
with suffi cient clarity and precision to enable the compet ent author ities and economic operat ors, on that sole basis, to 
determine the extent of the protection sought. 
3. For the purposes of paragraph 2, the general indications included in the class headings of the Nice Classif ication or 
other general terms may be used, provided that they comply with the requisit e standards of clarity and precision set out 
in this Article. 
4. The Offi ce shall reject an application in respect of indications or term s which are unclear or imprecise, where the 
applicant does not sugg est an accepta ble wording within a period set by the Office to that effect. 
5. The use of general terms, including the general indications of the class headings of the Nice Classif ication, shall be 
interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term . The 
use of such term s or indications shall not be interpret ed as compr ising a claim to goods or services which cannot be so 
underst ood. 
6. Where the applicant requests registration for more than one class, the applicant shall group the goods and services 
according to the classes of the Nice Classification, each group being preceded by the number of the class to which that 
group of goods or services belongs, and shall present them in the order of the classes. 
7. Goods and services shall not be regarded as being similar to each other on the ground that they appear in the 
same class under the Nice Classification. Goods and services shall not be regarded as being dissimilar from each other 
on the ground that they appear in differ ent classes under the Nice Classif ication. 
8. Propr ietors of EU trade marks applied for before 22 June 2012 whic h are registered in respect of the entire 
heading of a Nice class may declare that their intention on the date of filing had been to seek protect ion in respect of 
goods or services beyond those covered by the literal meaning of the heading of that class, provided that the goods or 
services so designat ed are included in the alphabetical list for that class in the edition of the Nice Classification in force 
at the date of filing. 
The declaration shall be filed at the Office by 24 Sept ember 2016, and shall indicate, in a clear , precise and specifi c 
manner , the goods and services, other than those clearly covered by the literal meaning of the indications of the class 
heading, originally covered by the propr ietor's intention. The Offi ce shall take appropr iate measures to amend the 
Regist er according ly. The possibility to make a declaration in accordance with the first subparagraph of this paragraph 
shall be without prejudice to the application of Article 18, Article 47(2), Article 58(1)(a), and Article 64(2). 
EU trade marks for which no declaration is filed within the period refer red to in the second subparagraph shall be 
deemed to extend, as from the expir y of that period, only to goods or services clearly covered by the literal meaning of 
the indications included in the heading of the relevant class. 
9. Where the register is amended, the excl usive rights conferr ed by the EU trade mark under Article 9 shall not 
prevent a third party from continuing to use a trade mark in relation to goods or services where and to the exte nt that 
the use of the trade mark for those goods or services: 
(a)  commenced before the register was amended; and 
(b)  did not infringe the propr ietor's rights based on the literal meaning of the record of the goods and services in the 
register at that time. 
In addition, the amendment of the list of goods or services recorded in the register shall not give the propr ietor of the 
EU trade mark the right to oppose or to apply for a declaration of invalidity of a later trade mark where and to the 
extent that: 
(a)  the later trade mark was either in use, or an application had been made to register the trade mark, for goods or 
services before the registe r was amended; and 
(b)  the use of the trade mark in relation to those goods or services did not infringe , or would not have infringed, the 
propr ietor's rights based on the literal meaning of the record of the goods and services in the register at that time. 16.6.2017 L 154/19 Official Jour nal of the European Union EN     SECTION 2 
Priority 
Article 34 
Right of priority 
1. A person who has duly filed an application for a trade mark in or in respect of any State party to the Paris 
Conv ention or to the Agreement establishing the World Trade Org anisation, or his successors in title, shall enjo y, for the 
purpose of filing an EU trade mark application for the same trade mark in respect of goods or services whic h are 
identical with or contained within those for which the application has been filed, a right of priority during a period of 
six months from the date of filing of the first application. 
2. Ever y filing that is equivalent to a regular national filing under the national law of the State where it was made or 
under bilate ral or multilat eral agreements shall be recognised as giving rise to a right of priority. 
3. By a regular national filing is meant any filing that is suffic ient to establish the date on which the application was 
filed, whatever may be the outcome of the application. 
4. A subsequent application for a trade mark whic h was the subject of a previous first application in respect of the 
same goods or services and which is filed in or in respect of the same State shall be considered as the first application 
for the purposes of determining priority, provided that, at the date of filing of the subsequent application, the previous 
application has been withdrawn, abandoned or refused, without being open to public inspection and without leaving 
any rights outstanding, and has not served as a basis for claiming a right of priority. The previous application may not 
thereaf ter serve as a basis for claiming a right of priority. 
5. If the first filing has been made in a State which is not a party to the Paris Convention or to the Agreement 
establishing the World Trade Organisation, paragraphs 1 to 4 shall apply only in so far as that State, according to 
published findings, grants, on the basis of the first filing made at the Offi ce and subject to conditions equivalent to those 
laid down in this Regulation, a right of priority having equivalent effect. The Executive Director shall, where necessar y, 
request the Commission to consider enquir ing as to whether a State within the meaning of the first senten ce accords 
that reciprocal treatment. If the Commission determines that reciprocal treatment in accordance with the first senten ce 
is accorded, it shall publish a communication to that effect in the Official Journal of the European Union. 
6. Paragraph 5 shall apply from the date of publication in the Official Journal of the Europ ean Union of the communi ­
cation determining that reciprocal treatment is accorded, unless the communication state s an earlier date from which it 
is applicable. It shall cease to apply from the date of publication in the Official Journal of the European Union of 
a communication of the Commission to the effect that reciprocal treatment is no long er accorded, unless the communi ­
cation states an earlier date from which it is applicable. 
7. Communications as referred to in paragraphs 5 and 6 shall also be published in the Offi cial Jour nal of the Office. 
Article 35 
Claiming priority 
1. Priority claims shall be filed together with the EU trade mark application and shall include the date, number and 
countr y of the previous application. The documentation in suppor t of priority claims shall be filed within three months 
of the filing date. 
2. The Commission shall adopt implementing acts specifying the kind of documentation to be filed for claiming the 
priority of a previous application in accordance with paragraph 1 of this Article. Those implementing acts shall be 
adopt ed in accordance with the examination procedure refer red to in Article 207(2). 
3. The Executive Director may determine that the documentation to be provided by the applicant in suppor t of the 
priority claim may consist of less than what is required under the specific ations adop ted in accordance with 
paragraph 2, provided that the information required is available to the Office from other sources. 16.6.2017 L 154/20 Official Jour nal of the European Union EN     Article 36 
Effect of priority right 
The right of priority shall have the effect that the date of priority shall count as the date of filing of the EU trade mark 
application for the purposes of establishing whic h rights take precedence. 
Article 37 
Equivalence of Union filing with national filing 
An EU trade mark application which has been accorded a date of filing shall, in the Member States, be equivalent to 
a regular national filing, where appropr iate with the priority claimed for the EU trade mark application. 
SECTION 3 
Exhibition priority 
Article 38 
Exhibition priority 
1. If an applicant for an EU trade mark has displa yed goods or services under the mark applied for, at an official or 
officiall y recognised international exhibition falling within the terms of the Convention relating to intern ational 
exhibitions signed at Paris on 22 November 1928 and last revised on 30 November 1972, he may, if he files the 
application within a period of six months of the date of the first displa y of the goods or services under the mark applied 
for, claim a right of priority from that date within the meaning of Article 36. The priority claim shall be filed together 
with the EU trade mark application. 
2. An applicant who wishes to claim priority pursuant to paragraph 1 shall file evidence of the displa y of goods or 
services under the mark applied for within three months of the filing date. 
3. An exhibition priority grant ed in a Member State or in a third countr y shall not extend the period of priority laid 
down in Article 34. 
4. The Commission shall adopt implementing acts specifying the type and details of evidence to be filed for claiming 
an exhibition priority in accordance with paragraph 2 of this Article. Those implementing acts shall be adopt ed in 
accordance with the examination procedure referred to in Article 207(2). 
SECTION 4 
Senior ity of a national trade mark 
Article 39 
Claiming senior ity of a national trade mark in an application for an EU trade mark or subsequent 
to the filing of the application 
1. The propr ietor of an earlier trade mark registere d in a Member State, including a trade mark registered in the 
Benelux countr ies, or register ed under internati onal arrang ements having effect in a Member State, who applies for an 
identical trade mark for registration as an EU trade mark for goods or services whic h are identical with or contained 
within those for which the earlier trade mark has been register ed, may claim for the EU trade mark the senior ity of the 
earlier trade mark in respect of the Member State in or for which it is registere d. 
2. Senior ity claims shall either be filed together with the EU trade mark application or within two months of the 
filing date of the application, and shall include the Member State or Member States in or for whic h the mark is 
register ed, the number and the filing date of the relevant registration, and the goods and services for whic h the mark is 
register ed. Where the senior ity of one or more register ed earlier trade marks is claimed in the application, the documen ­
tation in suppor t of the senior ity claim shall be filed within three months of the filing date. Where the applicant wishes 
to claim the senior ity subsequent to the filing of the application, the documentation in suppor t of the senior ity claim 
shall be submitted to the Offi ce within three months of receipt of the senior ity claim. 16.6.2017 L 154/21 Official Jour nal of the European Union EN     3. Senior ity shall have the sole effect under this Regulation that, where the propr ietor of the EU trade mark 
surrenders the earlier trade mark or allows it to lapse, he shall be deemed to continue to have the same rights as he 
would have had if the earlier trade mark had continued to be registe red. 
4. The senior ity claimed for the EU trade mark shall lapse where the earlier trade mark the senior ity of which is 
claimed is declared to be invalid or revok ed. Where the earlier trade mark is revok ed, the senior ity shall lapse provided 
that the revocati on take s effect prior to the filing date or priority date of that EU trade mark. 
5. The Offi ce shall inform the Benelux Office for Intellectual Proper ty or the central industr ial proper ty office of the 
Member State concer ned of the effective claiming of senior ity. 
6. The Commission shall adopt implementing acts specifying the kind of documentation to be filed for claiming the 
senior ity of a national trade mark or a trade mark registered under intern ational agreements having effect in 
a Member State in accordance with paragraph 2 of this Article. Those implementing acts shall be adopt ed in accordance 
with the examination procedure refer red to in Article 207(2). 
7. The Executive Director may determine that the documentation to be provided by the applicant in suppor t of the 
senior ity claim may consist of less than what is required under the specifications adopt ed in accordance with 
paragraph 6, provided that the information required is available to the Office from other sources. 
Article 40 
Claiming senior ity of a national trade mark after registrati on of an EU trade mark 
1. The propr ietor of an EU trade mark who is the propr ietor of an earlier identical trade mark register ed in 
a Member State, including a trade mark register ed in the Benelux countr ies or of an earlier identical trade mark, with an 
international registration effective in a Member State, for goods or services which are identical to those for which the 
earlier trade mark has been register ed, or contained within them, may claim the senior ity of the earlier trade mark in 
respect of the Member State in or for whic h it was registered. 
2. Senior ity claims filed pursuant to paragraph 1 of this Article shall include the registration number of the EU trade 
mark, the name and address of its propr ietor, the Member State or Member States in or for whic h the earlier mark is 
register ed, the number and the filing date of the relevant registration, the goods and services for which the mark is 
register ed and those in respect of whic h senior ity is claimed, and suppor ting documentation as provided for in the rules 
adopt ed pursuant to Article 39(6). 
3. If the requirements governing the claiming of senior ity are not fulfilled, the Offi ce shall communicate the 
deficien cy to the propr ietor of the EU trade mark. If the deficiency is not remedied within a period to be specified by 
the Offi ce, the Offi ce shall reject the claim. 
4. Article 39(3), (4), (5) and (7) shall apply . 
CHAPTER IV 
REGISTRA TION PROCEDURE 
SECTION 1 
Examina tion of applications 
Article 41 
Exa mination of the conditions of filing 
1. The Office shall examine whether: 
(a)  the EU trade mark application satisfi es the requirements for the accordance of a date of filing in accordance with 
Article 32; 
(b)  the EU trade mark application compl ies with the conditions and requirements referred to in Article 31(3); 
(c)  where appropr iate, the class fees have been paid within the prescr ibed period. 16.6.2017 L 154/22 Official Jour nal of the European Union EN     2. Where the EU trade mark application does not satisfy the requirements refer red to in paragraph 1, the Offi ce shall 
request the applicant to remedy the deficiencies or the default on payment within two months of the receipt of the 
notificati on. 
3. If the deficiencies or the default on payment established pursuant to paragraph 1(a) are not remedied within this 
period, the application shall not be dealt with as an EU trade mark application. If the applicant compl ies with the 
Offi ce's request, the Offi ce shall accord as the date of filing of the application the date on which the deficiencies or the 
default on payment established are remedied. 
4. If the deficiencies established pursuant to paragraph 1(b) are not remedied within the prescr ibed period, the Offi ce 
shall refuse the application. 
5. If the default on payment established pursuant to paragraph 1(c) is not remedied within the prescr ibed period, the 
application shall be deemed to be withdra wn unless it is clear which categor ies of goods or services the amount paid is 
intende d to cover. In the absence of other criteria to determine which classes are intended to be covered, the Offi ce shall 
take the classes in the order of the classificat ion. The application shall be deemed to have been withdra wn with regar d to 
those classes for whic h the class fees have not been paid or have not been paid in full. 
6. Failure to satisfy the requirements concer ning the claim to priority shall result in loss of the right of priority for 
the application. 
7. Failure to satisfy the requirements concer ning the claiming of senior ity of a national trade mark shall result in loss 
of that right for the application. 
8. Where failure to satisfy the requirements refer red to in paragraph 1(b) and (c) concer ns only some of the goods or 
services, the Office shall refuse the application, or the right of priority or the right of senior ity shall be lost, only in so 
far as those goods and services are concer ned. 
Article 42 
Exa mination as to absolute grounds for refusal 
1. Where, under Article 7, a trade mark is ineligible for registration in respect of some or all of the goods or services 
covered by the EU trade mark application, the application shall be refused as regards those goods or services. 
2. The application shall not be refused before the applicant has been allowed the oppor tunity to withdra w or amend 
the application or to submit his obser vations. To this effect, the Office shall notify the applicant of the grounds for 
refusing registration and shall specify a period within whic h he may withdra w or amend the application or submit his 
obser vations. Where the applicant fails to overcome the grounds for refusing registration, the Office shall refuse 
registration in whole or in part. 
SECTION 2 
Sear ch 
Article 43 
Search repor t 
1. The Offi ce shall, at the request of the applicant for the EU trade mark when filing the application, draw up 
a European Union searc h repor t (‘EU searc h repor t’) citing those earlier EU trade marks or EU trade mark applications 
disco vered which may be invoked under Article 8 against the registration of the EU trade mark applied for. 
2. Where, at the time of filing an EU trade mark application, the applicant requests that a searc h repor t be prepared 
by the central industr ial proper ty office s of the Member States and where the appropr iate searc h fee has been paid 
within the time limit for the payment of the filing fee, the Office shall transmit without dela y a copy of the EU trade 
mark application to the central industr ial proper ty office of each Member State which has informed the Offi ce of its 
decision to operate a searc h in its own register of trade marks in respect of EU trade mark applications. 16.6.2017 L 154/23 Official Jour nal of the European Union EN     3. Each of the central industr ial proper ty offices of the Member States referred to in paragraph 2 shall communicate 
a search repor t which shall either cite any earlier national trade marks , national trade mark applications or trade marks 
register ed under international agreements, having effect in the Member State or Member States concer ned, whic h have 
been disco vered and whic h may be invoked under Article 8 against the registration of the EU trade mark applied for, or 
state that the search has revealed no such rights. 
4. The Office, after consulting the Manage ment Board provided for in Article 153 (‘the Management Board’), shall 
establish the contents and modalities for the repor ts. 
5. The Office shall pay an amount to each central industr ial proper ty office for each searc h repor t provided in 
accordance with paragraph 3. The amount, whic h shall be the same for each office, shall be fixed by the Budget 
Committ ee by means of a decision adopt ed by a majority of three quar ters of the representatives of the Member States. 
6. The Office shall transmit to the applicant for the EU trade mark the EU search repor t requeste d and any requeste d 
national searc h repor ts received. 
7. Upon publication of the EU trade mark application, the Offi ce shall inform the propr ietors of any earlier EU trade 
marks or EU trade mark applications cited in the EU search repor t of the publication of the EU trade mark application. 
The latter shall apply irrespective of whether the applicant has requeste d to receive the EU searc h repor t, unless the 
propr ietor of an earlier registration or application requests not to receive the notification. 
SECTION 3 
Publication of the application 
Article 44 
Publication of the application 
1. If the conditions which the application for an EU trade mark is required to satisfy have been fulfilled , the 
application shall be published for the purposes of Article 46 to the extent that it has not been refused pursuant to 
Article 42. The publication of the application shall be without prejudice to information already made available to the 
public other wise in accordance with this Regulation or acts adopt ed pursuant to this Regulation. 
2. Where, after publication, the application is refused pursuant to Article 42, the decision that it has been refused 
shall be published upon becoming final. 
3. Where the publication of the application contains an error attributable to the Offi ce, the Office shall of its own 
motion or at the request of the applicant correct the error and publish the correction. 
The rules adop ted pursuant to Article 49(3) shall apply mutatis mutandis where a correction is requeste d by the 
applicant. 
4. Article 46(2) shall also apply where the correction concer ns the list of goods or services or the representation of 
the mark. 
5. The Commission shall adopt imple menting acts laying down the details to be contained in the publication of the 
application. Those implementing acts shall be adop ted in accordance with the examination procedure refer red to in 
Article 207(2). 
SECTION 4 
Obser vations by third parties and opposition 
Article 45 
Obser vations by third parties 
1. Any natural or legal person and any group or body representing manuf acturers, producers, suppliers of services, 
traders or consumers may submit to the Office written obser vations, explaining on whic h grounds, under Articles 5 
and 7, the trade mark should not be registered ex officio. 16.6.2017 L 154/24 Official Jour nal of the European Union EN     Persons and groups or bodies as refer red to in the first subparagraph shall not be parties to the proceedings before the 
Offi ce. 
2. Third party obser vations shall be submitte d before the end of the opposition period or, where an opposition 
against the trade mark has been filed, before the final decision on the opposition is taken. 
3. The submission refer red to in paragraph 1 shall be without prejudice to the right of the Office to re-open the 
examination of absolute grounds on its own initiative at any time before registration, where appropr iate. 
4. The obser vations refer red to in paragraph 1 shall be communicat ed to the applicant who may comment on them. 
Article 46 
Opposition 
1. Within a period of three months following the publication of an EU trade mark application, notice of opposition 
to registration of the trade mark may be given on the grounds that it may not be registered under Article 8: 
(a)  by the propr ietors of earlier trade marks refer red to in Article 8(2) as well as licensees author ised by the propr ietors 
of those trade marks , in respect of Article 8(1) and (5); 
(b)  by the propr ietors of trade marks refer red to in Article 8(3); 
(c)  by the propr ietors of earlier marks or signs referred to in Article 8(4) and by persons author ised under the relevant 
national law to exercise these rights; 
(d)  by the persons author ised under the relevant Union legislation or national law to exer cise the rights referred to in 
Article 8(6). 
2. Notice of opposition to registration of the trade mark may also be given, subject to the conditions laid down in 
paragraph 1, in the event of the publication of an amended application in accordance with the second senten ce of 
Article 49(2). 
3. Opposition shall be expressed in writing, and shall specify the grounds on which it is made. It shall not be 
considered as duly entered until the opposition fee has been paid. 
4. Within a period to be fixed by the Offi ce, the opponent may submit facts, evidence and arguments in suppor t of 
his case. 
Article 47 
Exa mination of opposition 
1. In the examination of the opposition the Offi ce shall invit e the parties, as often as necessar y, to file obser vations, 
within a period set by the Office, on communications from the other parties or issued by itself. 
2. If the applicant so requests, the propr ietor of an earlier EU trade mark who has given notice of opposition shall 
furnish proof that, during the five-ye ar period preceding the date of filing or the date of priority of the EU trade mark 
application, the earlier EU trade mark has been put to genuine use in the Union in connection with the goods or 
services in respect of which it is registe red and whic h he cites as justification for his opposition, or that there are proper 
reasons for non-use, provided that the earlier EU trade mark has at that date been registere d for not less than five years. 
In the absence of proof to this effect, the opposition shall be reject ed. If the earlier EU trade mark has been used in 
relation to only part of the goods or services for which it is register ed it shall, for the purposes of the examination of 
the opposition, be deemed to be registe red in respect only of that part of the goods or services. 
3. Paragraph 2 shall apply to earlier national trade marks refer red to in Article 8(2)(a), by substituting use in the 
Member State in which the earlier national trade mark is prot ected for use in the Union. 
4. The Office may, if it thinks fit, invite the parties to make a friendly settlement. 16.6.2017 L 154/25 Official Jour nal of the European Union EN     5. If examination of the opposition reveals that the trade mark may not be register ed in respect of some or all of the 
goods or services for which the EU trade mark application has been made, the application shall be refused in respect of 
those goods or services. Other wise the opposition shall be rejecte d. 
6. The decision refusing the application shall be published upon becoming final. 
Article 48 
Delegation of powers 
The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying the details of the 
procedure for filing and examining an opposition set out in Articles 46 and 47. 
SECTION 5 
Withdr awal, restr iction, amendment and division of the application 
Article 49 
Withdra wal, restr iction and amendment of the application 
1. The applicant may at any time withdraw his EU trade mark application or restr ict the list of goods or services 
contained therein. Where the application has already been published, the withdra wal or restr iction shall also be 
published. 
2. In other respects, an EU trade mark application may be amended, upon request of the applicant, only by 
correcting the name and address of the applicant, errors of wording or of copying, or obvious mistake s, provided that 
such correction does not substantially change the trade mark or extend the list of goods or services. Where the 
amendments affect the representation of the trade mark or the list of goods or services and are made after publication 
of the application, the trade mark application shall be published as amended. 
3. The Commission is empo wered to adopt deleg ated acts in accordance with Article 208 specifying the details of the 
procedure governing the amendment of the application. 
Article 50 
Division of the application 
1. The applicant may divide the application by declar ing that some of the goods or services included in the original 
application will be the subject of one or more divisional applications. The goods or services in the divisional application 
shall not overlap with the goods or services whic h remain in the original application or those whic h are included in 
other divisional applications. 
2. The declaration of division shall not be admissible: 
(a)  if, where an opposition has been entered against the original application, such a divisional application has the effect 
of introducing a division amongst the goods or services against which the opposition has been direct ed, until the 
decision of the Opposition Division has become final or the opposition proceedings are finally terminat ed 
other wise; 
(b)  before the date of filing referred to in Article 32 has been accorded by the Office and during the opposition period 
provided for in Article 46(1). 
3. The declaration of division shall be subject to a fee. The declaration shall be deemed not to have been made until 
the fee has been paid. 
4. Where the Offi ce finds that the requirements laid down in paragraph 1 and in the rules adopt ed pursuant to 
paragraph 9(a) are not fulfilled, it shall invite the applicant to remedy the deficiencies within a period to be specified by 
the Offi ce. If the deficien cies are not remedied before the time limit expires, the Office shall refuse the declaration of 
division. 16.6.2017 L 154/26 Official Jour nal of the European Union EN     5. The division shall take effect on the date on whic h it is recorded in the files kept by the Offi ce concer ning the 
original application. 
6. All requests and applications submitte d and all fees paid with regard to the original application prior to the date 
on which the Offi ce receives the declaration of division are deemed also to have been submitte d or paid with regar d to 
the divisional application or applications. The fees for the original application which have been duly paid prior to the 
date on whic h the declaration of division is received shall not be refunded. 
7. The divisional application shall preser ve the filing date and any priority date and senior ity date of the original 
application. 
8. Where the declaration of division relates to an application which has already been published pursuant to 
Article 44, the division shall be published. The divisional application shall be published. The publication shall not open 
a new period for the filing of oppositions. 
9. The Commission shall adopt implementing acts specifying: 
(a)  the details to be contained in a declaration of the division of an application made pursuant to paragraph 1; 
(b)  the details as to how to process a declaration of the division of an application, ensur ing that a separate file, 
including a new application number , is established for the divisional application; 
(c)  the details to be contained in the publication of the divisional application pursuant to paragraph 8. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to in Article 207(2). 
SECTION 6 
Registr ation 
Article 51 
Registration 
1. Where an application meets the requirements set out in this Regulation and where no notice of opposition has 
been given within the period refer red to in Article 46(1) or where any opposition entered has been finally disposed of 
by withdra wal, rejection or other disposition, the trade mark and the particulars refer red to in Article 111(2) shall be 
recorded in the Regist er. The registration shall be published. 
2. The Office shall issue a certificate of registration. That certificate may be issued by electronic means. The Offi ce 
shall provide certified or uncer tified copies of the certificate subject to the payment of a fee, where those copies are 
issued other than by electronic means. 
3. The Commission shall adopt implementing acts specifying the details to be contained in and the form of the 
certificate of registration refer red to in paragraph 2 of this Article. Those implementing acts shall be adop ted in 
accordance with the examination procedure referred to in Article 207(2). 
CHAPTER V 
DURA TION , RENEW AL, ALTERA TION AND DIVISION OF EU TRADE MARK S 
Article 52 
Duration of registration 
EU trade marks shall be registe red for a period of 10 years from the date of filing of the application. Registration may 
be renewed in accordance with Article 53 for further periods of 10 years. 
Article 53 
Renewal 
1. Registration of the EU trade mark shall be renewed at the request of the propr ietor of the EU trade mark or any 
person expressly author ised by him, provided that the fees have been paid. 16.6.2017 L 154/27 Official Jour nal of the European Union EN     2. The Offi ce shall inform the propr ietor of the EU trade mark, and any person having a register ed right in respect of 
the EU trade mark, of the expir y of the registration at least six months before the said expir y. Failure to give such 
information shall not involve the responsibility of the Offi ce and shall not affect the expir y of the registration. 
3. The request for renewal shall be submitted in the six-month period prior to the expir y of the registration. The 
basic fee for the renewal and, where appropr iate, one or more class fees for each class of goods or services exceed ing 
the first one shall also be paid within this period. Failing this, the request may be submitted and the fees paid within 
a further period of six months following the expir y of registration, provided that an additional fee for late payment of 
the renewal fee or late submission of the request for renewal is paid within this further period. 
4. The request for renewal shall include: 
(a)  the name of the person requesting renewal; 
(b)  the registration number of the EU trade mark to be renewed; 
(c)  if the renewal is requested for only part of the register ed goods and services, an indication of those classes or those 
goods and services for whic h renewal is request ed, or those classes or those goods and services for which renewal is 
not requested, grouped according to the classes of the Nice classification, each group being preceded by the number 
of the class of that classificat ion to whic h that group of goods or services belongs, and present ed in the order of 
classes of that classificat ion. 
If the payment refer red to in paragraph 3 is made, it shall be deemed to constitute a request for renewal provided that it 
contains all necessar y indications to establish the purpose of the payment. 
5. Where the request is submitte d or the fees paid in respect of only some of the goods or services for which the 
EU trade mark is registered, registration shall be renewed for those goods or services only . Where the fees paid are 
insufficient to cover all the classes of goods and services for which renewal is request ed, registration shall be renewed if 
it is clear whic h class or classes are to be covered. In the absence of other criteria, the Offi ce shall take the classes into 
account in the order of classification. 
6. Renewal shall take effect from the day following the date on which the existing registration expires. The renewal 
shall be register ed. 
7. Where the request for renewal is filed within the periods provided for in paragraph 3, but the other conditions 
governing renewal provided for in this Article are not satisfi ed, the Office shall inform the applicant of the deficien cies 
found. 
8. Where a request for renewal is not submitted or is submitte d after the expir y of the period provided for in 
paragraph 3, or where the fees are not paid or are paid only after the period in question has expired, or where the 
deficien cies refer red to in paragraph 7 are not remedied within that period, the Offi ce shall deter mine that the 
registration has expired and shall notify the propr ietor of the EU trade mark according ly. Where the determination has 
become final, the Offi ce shall cancel the mark from the register . The cancellation shall take effect from the day following 
the date on which the existing registration expired. Where the renewal fees have been paid but the registration is not 
renewed, those fees shall be refunded. 
9. A sing le request for renewal may be submitted for two or more marks, upon payment of the required fees for each 
of the marks, provided that the propr ietors or the representatives are the same in each case. 
Article 54 
Alteration 
1. The EU trade mark shall not be altered in the Registe r during the period of registration or on renewal thereof. 
2. Never theless, where the EU trade mark includes the name and address of the propr ietor, any altera tion thereof not 
substantially affectin g the identity of the trade mark as originally register ed may be registere d at the request of the 
propr ietor. 
3. The request for alteration shall include the element of the mark to be altered and that element in its alter ed 
version. 16.6.2017 L 154/28 Official Jour nal of the European Union EN     The Commission shall adopt implementing acts specifying the details to be contained in the request for altera tion. Those 
implementing acts shall be adopt ed in accordance with the examination procedure refer red to in Article 207(2). 
4. The request shall be deemed not to have been filed until the required fee has been paid. If the fee has not been 
paid or has not been paid in full, the Offi ce shall inform the applicant according ly. A sing le request may be made for the 
alter ation of the same element in two or more registrations of the same propr ietor. The required fee shall be paid in 
respect of each registration to be altered. If the requirements governing the alter ation of the registration are not fulfilled, 
the Offi ce shall communicat e the deficienc y to the applicant. If the deficiency is not remedied within a period to be 
specified by the Offi ce, the Offi ce shall reject the request. 
5. The publication of the registration of the alter ation shall contain a representation of the EU trade mark as altered. 
Third parties whose rights may be affected by the alteration may challeng e the registration thereof within the period of 
three months following publication. Articles 46 and 47 and rules adopt ed pursuant to Article 48 shall apply to the 
publication of the registration of the alteration. 
Article 55 
Change of the name or address 
1. A change of the name or address of the propr ietor of the EU trade mark whic h is not an alteration of the EU trade 
mark pursuant to Article 54(2) and which is not the consequence of a whole or partial transfer of the EU trade mark 
shall, at the request of the propr ietor, be recorded in the Registe r. 
The Commission shall adopt implementing acts specifying the details to be contained in a request for the change of 
name or address pursuant to the first subparagraph of this paragraph. Those implementing acts shall be adopt ed in 
accordance with the examination procedure referred to in Article 207(2). 
2. A sing le request may be made for the change of the name or address in respect of two or more registrations of the 
same propr ietor. 
3. If the requirements governing the recording of a change are not fulfilled, the Offi ce shall communicate the 
deficien cy to the propr ietor of the EU trade mark. If the deficiency is not remedied within a period to be specified by 
the Offi ce, the Offi ce shall reject the request. 
4. Paragraphs 1, 2 and 3 shall also apply to a change of the name or address of the registered representative. 
5. Paragraphs 1 to 4 shall apply to applications for EU trade marks . The chang e shall be recorded in the files kept by 
the Offi ce on the EU trade mark application. 
Article 56 
Division of the registration 
1. The propr ietor of the EU trade mark may divide the registration by declar ing that some of the goods or services 
included in the original registration will be the subject of one or more divisional registrations. The goods or services in 
the divisional registration shall not overlap with the goods or services whic h remain in the original registration or those 
whic h are included in other divisional registrations. 
2. The declaration of division shall not be admissible: 
(a)  if, where an application for revocati on of rights or for a declaration of invalidity has been entered at the Offi ce 
again st the original registration, such a divisional declaration has the effect of introducing a division amongst the 
goods or services against whic h the application for revocation of rights or for a declaration of invalidity is directed, 
until the decision of the Cancellation Division has become final or the proceedings are finally term inated other wise; 
(b)  if, where a counterclaim for revocation or for a declaration of invalidity has been entered in a case before an 
EU trade mark cour t, such a divisional declaration has the effect of introducing a division amongst the goods or 
services against which the count erclaim is direct ed, until the mention of the EU trade mark cour t's judgment is 
recorded in the Regist er pursuant to Article 128(6). 16.6.2017 L 154/29 Official Jour nal of the European Union EN     3. If the requirements laid down in paragraph 1 and pursuant to the implementing acts referred to in paragraph 8 are 
not fulfilled, or the list of goods and services which form the divisional registration overlap with the goods and services 
whic h remain in the original registration, the Offi ce shall invit e the propr ietor of the EU trade mark to remedy the 
deficien cies within such period as it may specify . If the deficienc ies are not remedied before the period expires, the 
Offi ce shall refuse the declaration of division. 
4. The declaration of division shall be subject to a fee. The declaration shall be deemed not to have been made until 
the fee has been paid. 
5. The division shall take effect on the date on which it is entered in the Registe r. 
6. All requests and applications submitted and all fees paid with regar d to the original registration prior to the date 
on which the Office receives the declaration of division shall be deemed also to have been submitted or paid with rega rd 
to the divisional registration or registrations. The fees for the original registration whic h have been duly paid prior to 
the date on whic h the declaration of division is received shall not be refunded. 
7. The divisional registration shall preser ve the filing date and any priority date and senior ity date of the original 
registration. 
8. The Commission shall adopt implementing acts specifying: 
(a)  the details to be contained in a declaration of the division of a registration pursuant to paragraph 1; 
(b)  the details as how to process a declaration of the division of a registration, ensur ing that a separate file, including 
a new registration number , is established for the divisional registration. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to in Article 207(2). 
CHAPTER VI 
SURRENDER, REV OCATION AND INV ALIDIT Y 
SECTION 1 
Surrender 
Article 57 
Surrender 
1. An EU trade mark may be surrendered in respect of some or all of the goods or services for which it is registered. 
2. The surrender shall be declared to the Offi ce in writing by the propr ietor of the trade mark. It shall not have effect 
until it has been entered in the Register . The validity of the surrender of an EU trade mark which is declared to the 
Offi ce subsequent to the submission of an application for revocat ion of that trade mark pursuant to Article 63(1) shall 
be conditional upon the final rejection or withdra wal of the application for revocati on. 
3. Surrender shall be entered only with the agreement of the propr ietor of a right relating to the EU trade mark and 
whic h is entered in the Regist er. If a licence has been registered, surrender shall be entered in the Register only if the 
propr ietor of the EU trade mark proves that he has informed the licensee of his intention to surrender . The entr y of the 
surrender shall be made on expir y of the three-month period after the date on which the propr ietor satisfi es the Office 
that he has informed the licensee of his intenti on to surrender , or before the expir y of that period, as soon as he proves 
that the licensee has given his consent. 
4. If the requirements governing surrender are not fulfilled, the Office shall communicat e the defici encies to the 
declarant. If the deficiencies are not remedied within a period to be specifi ed by the Office, the Offi ce shall reject the 
entr y of surrender in the Regist er. 
5. The Commission shall adopt implementing acts specifying the details to be contained in a declaration of surrender 
pursuant to paragraph 2 of this Article and the kind of documentation required to establish a third party's agreement 
pursuant to paragraph 3 of this Article. Those implementing acts shall be adopt ed in accordance with the examination 
procedure refer red to in Article 207(2). 16.6.2017 L 154/30 Official Jour nal of the European Union EN     SECTION 2 
Grounds for revocation 
Article 58 
Grounds for revocation 
1. The rights of the propr ietor of the EU trade mark shall be declared to be revoked on application to the Office or 
on the basis of a countercl aim in infringement proceedings: 
(a)  if, within a continuous period of five years, the trade mark has not been put to genuine use in the Union in 
connection with the goods or services in respect of whic h it is registered, and there are no proper reasons for non- 
use; however , no person may claim that the propr ietor's rights in an EU trade mark should be revok ed where, during 
the inter val between expir y of the five-yea r period and filing of the application or countercl aim, genuine use of the 
trade mark has been started or resumed; the commencement or resum ption of use within a period of three months 
preceding the filing of the application or count erclaim which began at the earliest on expir y of the continuous 
period of five years of non-use shall, however , be disregarded where preparations for the commencement or 
resum ption occur only after the propr ietor becomes aware that the application or counterclaim may be filed; 
(b)  if, in consequence of acts or inactivity of the propr ietor, the trade mark has become the common name in the trade 
for a product or service in respect of which it is registe red; 
(c)  if, in consequence of the use made of the trade mark by the propr ietor of the trade mark or with his consent in 
respect of the goods or services for which it is registered, the trade mark is liable to mislead the public, particularly 
as to the nature, quality or geographical origin of those goods or services. 
2. Where the grounds for revocati on of rights exist in respect of only some of the goods or services for whic h the 
EU trade mark is register ed, the rights of the propr ietor shall be declared to be revok ed in respect of those goods or 
services only . 
SECTION 3 
Grounds for invalidity 
Article 59 
Absolute grounds for invalidity 
1. An EU trade mark shall be declared invalid on application to the Office or on the basis of a count erclaim in 
infringemen t proceedings: 
(a)  where the EU trade mark has been registere d contrar y to the provisions of Article 7; 
(b)  where the applicant was acting in bad faith when he filed the application for the trade mark. 
2. Where the EU trade mark has been registere d in breach of the provisions of Article 7(1)(b), (c) or (d), it may 
never theless not be declared invalid if, in consequence of the use whic h has been made of it, it has after registration 
acquired a distinctive charact er in relation to the goods or services for which it is registered. 
3. Where the ground for invalidity exists in respect of only some of the goods or services for which the EU trade 
mark is register ed, the trade mark shall be declared invalid as regar ds those goods or services only . 
Article 60 
Relativ e grounds for invalidity 
1. An EU trade mark shall be declared invalid on application to the Office or on the basis of a count erclaim in 
infringemen t proceedings: 
(a)  where there is an earlier trade mark as refer red to in Article 8(2) and the conditions set out in paragraph 1 or 5 of 
that Article are fulfilled; 
(b)  where there is a trade mark as referred to in Article 8(3) and the conditions set out in that paragraph are fulfilled ; 16.6.2017 L 154/31 Official Jour nal of the European Union EN     (c)  where there is an earlier right as referred to in Article 8(4) and the conditions set out in that paragraph are fulfilled ; 
(d)  where there is an earlier designation of origin or geographical indication as refer red to in Article 8(6) and the 
conditions set out in that paragraph are fulfilled . 
All the conditions refer red to in the first subparagraph shall be fulfilled at the filing date or the priority date of the 
EU trade mark. 
2. An EU trade mark shall also be declared invalid on application to the Offi ce or on the basis of a countercl aim in 
infringemen t proceedings where the use of such trade mark may be prohibit ed pursuant to another earlier right under 
the Union legislation or national law governing its prote ction, and in particular: 
(a)  a right to a name; 
(b)  a right of personal portrayal; 
(c)  a copyright ; 
(d)  an industr ial proper ty right. 
3. An EU trade mark may not be declared invalid where the propr ietor of a right refer red to in paragraph 1 or 2 
consents expressly to the registration of the EU trade mark before submission of the application for a declaration of 
invalidity or the counterclaim. 
4. Where the propr ietor of one of the rights referred to in paragraph 1 or 2 has previously applied for a declaration 
that an EU trade mark is invalid or made a count erclaim in infringement proceedings, he may not submit a new 
application for a declaration of invalidity or lodge a count erclaim on the basis of another of the said rights which he 
could have invoked in suppor t of his first application or counte rclaim. 
5. Article 59(3) shall apply . 
Article 61 
Limitation in consequence of acquiescence 
1. Where the propr ietor of an EU trade mark has acquiesced, for a period of five successive years, in the use of a later 
EU trade mark in the Union while being aware of such use, he shall no long er be entitled on the basis of the earlier 
trade mark to apply for a declaration that the later trade mark is invalid in respect of the goods or services for which 
the later trade mark has been used, unless registration of the later EU trade mark was applied for in bad faith. 
2. Where the propr ietor of an earlier national trade mark as refer red to in Article 8(2) or of another earlier sign 
referred to in Article 8(4) has acquiesced, for a period of five successive years, in the use of a later EU trade mark in the 
Member State in which the earlier trade mark or the other earlier sign is prote cted while being aware of such use, he 
shall no long er be entitled on the basis of the earlier trade mark or of the other earlier sign to apply for a declaration 
that the later trade mark is invalid in respect of the goods or services for which the later trade mark has been used, 
unless registration of the later EU trade mark was applied for in bad faith. 
3. In the cases referred to in paragraphs 1 and 2, the propr ietor of a later EU trade mark shall not be entitled to 
oppose the use of the earlier right, even though that right may no longer be invoked against the later EU trade mark. 
SECTION 4 
Consequences of revocation and invalidity 
Article 62 
Consequences of revocation and invalidity 
1. The EU trade mark shall be deemed not to have had, as from the date of the application for revocation or of the 
counte rclaim, the effects specified in this Regulation, to the extent that the rights of the propr ietor have been revoked. 
An earlier date, on whic h one of the grounds for revocation occur red, may be fixed in the decision at the request of one 
of the parties. 16.6.2017 L 154/32 Official Jour nal of the European Union EN     2. The EU trade mark shall be deemed not to have had, as from the outset, the effects specifi ed in this Regulation, to 
the extent that the trade mark has been declared invalid. 
3. Subject to the national provisions relating either to claims for compen sation for damage caused by negligence or 
lack of good faith on the part of the propr ietor of the trade mark, or to unjust enrichment, the retroactive effect of 
revocati on or invalidity of the trade mark shall not affect: 
(a)  any decision on infringement which has acquired the author ity of a final decision and been enforced prior to the 
revocati on or invalidity decision; 
(b)  any contract concluded prior to the revocati on or invalidity decision, in so far as it has been performe d before that 
decision; however , repa yment, to an exte nt justified by the circumstances, of sums paid under the relevant contract 
may be claimed on grounds of equity . 
SECTION 5 
Proceedings in the office in relation to revocation or invalidity 
Article 63 
Application for revocation or for a declaration of invalidity 
1. An application for revocation of the rights of the propr ietor of an EU trade mark or for a declaration that the 
trade mark is invalid may be submitted to the Office: 
(a)  where Articles 58 and 59 apply , by any natural or legal person and any group or body set up for the purpose of 
representing the interests of manufacturers , producers, suppliers of services, traders or consumers, whic h, under the 
term s of the law governing it, has the capacity in its own name to sue and be sued; 
(b)  where Article 60(1) applies, by the persons refer red to in Article 46(1); 
(c)  where Article 60(2) applies, by the owners of the earlier rights refer red to in that provision or by the persons who 
are entitled under Union legislation or the law of the Member State concer ned to exer cise the rights in question. 
2. The application shall be filed in a written reasoned state ment. It shall not be deemed to have been filed until the 
fee has been paid. 
3. An application for revocation or for a declaration of invalidity shall be inadmissible where an application relating 
to the same subject matter and cause of action, and involving the same parties, has been adjudicated on its mer its, either 
by the Office or by an EU trade mark cour t as referred to in Article 123, and the decision of the Office or that cour t on 
that application has acquired the author ity of a final decision. 
Article 64 
Exa mination of the application 
1. On the examination of the application for revocati on of rights or for a declaration of invalidity , the Offi ce shall 
invite the parties, as often as necessar y, to file obser vations, within a period to be fixed by the Offi ce, on communi ­
cations from the other parties or issued by itself. 
2. If the propr ietor of the EU trade mark so requests, the propr ietor of an earlier EU trade mark, being a party to the 
invalidity proceedings, shall furnish proof that, during the period of five years preceding the date of the application for 
a declaration of invalidity , the earlier EU trade mark has been put to genuine use in the Union in connection with the 
goods or services in respect of whic h it is register ed and which the propr ietor of that earlier trade mark cites as justifi ­
cation for his application, or that there are proper reasons for non-use, provided that the earlier EU trade mark has at 
that date been registe red for not less than five years. If, at the date on whic h the EU trade mark application was filed or 
at the priority date of the EU trade mark application, the earlier EU trade mark had been register ed for not less than five 
years, the propr ietor of the earlier EU trade mark shall furnish proof that, in addition, the conditions set out in 
Article 47(2) were satisfied at that date. In the absence of proof to this effect, the application for a declaration of 16.6.2017 L 154/33 Official Jour nal of the European Union EN     invalidity shall be reject ed. If the earlier EU trade mark has been used only in relation to part of the goods or services 
for which it is register ed, it shall, for the purpose of the examination of the application for a declaration of invalidity , be 
deemed to be registered in respect of that part of the goods or services only . 
3. Paragraph 2 shall apply to earlier national trade marks refer red to in Article 8(2)(a), by substituting use in the 
Member State in which the earlier national trade mark is prot ected for use in the Union. 
4. The Office may, if it thinks fit, invite the parties to make a friendly settlement. 
5. If the examination of the application for revocation of rights or for a declaration of invalidity reveals that the trade 
mark should not have been registered in respect of some or all of the goods or services for which it is registered, the 
rights of the propr ietor of the EU trade mark shall be revok ed or it shall be declared invalid in respect of those goods or 
services. Other wise the application for revocation of rights or for a declaration of inva lidity shall be rejecte d. 
6. A record of the Offi ce's decision on the application for revocati on of rights or for a declaration of invalidity shall 
be entered in the Regist er once it has become final. 
Article 65 
Delegation of powers 
The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying the details of the 
procedures governing the revocati on and declaration of invalidity of an EU trade mark as referred to in Articles 63 
and 64, as well as the transfe r of an EU trade mark register ed in the name of an agent as refer red to in Article 21. 
CHA PTER VII 
APPEALS 
Article 66 
Decisions subject to appeal 
1. An appeal shall lie from decisions of any of the decision-making instances of the Office listed in points (a) to (d) of 
Article 159, and, where appropr iate, point (f) of that Article. Those decisions shall take effect only as from the date of 
expiration of the appeal period refer red to in Article 68. The filing of the appeal shall have suspensive effect. 
2. A decision whic h does not term inate proceedings as rega rds one of the parties can only be appealed together with 
the final decision, unless the decision allows separate appeal. 
Article 67 
Persons entitled to appeal and to be parties to appeal proceedings 
Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be 
parties to the appeal proceedings as of right. 
Article 68 
Time limit and form of appeal 
1. Notice of appeal shall be filed in writing at the Offi ce within two months of the date of notifi cation of the 
decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. It shall be filed in 
the languag e of the proceedings in which the decision subject to appeal was taken. Within four months of the date of 
notificati on of the decision, a written statement setting out the grounds of appeal shall be filed. 16.6.2017 L 154/34 Official Jour nal of the European Union EN     2. In inter partes proceedings, the defendant may, in his response, seek a decision annulling or altering the conte sted 
decision on a point not raised in the appeal. Such submissions shall cease to have effect should the appellant 
discontinue the proceedings. 
Article 69 
Revision of decisions in ex parte cases 
1. If the party whic h has lodged the appeal is the sole party to the procedure, and if the depar tment whose decision 
is conte sted considers the appeal to be admissible and well founded, the depar tment shall rectify its decision. 
2. If the decision is not rectifi ed within one month of receipt of the statement of grounds, the appeal shall be 
remitt ed to the Board of Appeal without dela y, and without comment as to its mer it. 
Article 70 
Exa mination of appeals 
1. If the appeal is admissible, the Board of Appeal shall examine whether the appeal is allowable. 
2. In the examination of the appeal, the Board of Appeal shall invit e the parties, as often as necessar y, to file 
obser vations, within a period to be fixed by the Board of Appeal, on communications from the other parties or issued 
by itself. 
Article 71 
Decisions in respect of appeals 
1. Follo wing the examination as to the allowability of the appeal, the Board of Appeal shall decide on the appeal. The 
Board of Appeal may either exercise any power within the compet ence of the depar tment which was responsible for the 
decision appealed or remit the case to that depar tment for further prosecution. 
2. If the Board of Appeal remits the case for further prosecution to the depar tment whose decision was appealed, 
that depar tment shall be bound by the ratio decidendi of the Board of Appeal, in so far as the facts are the same. 
3. The decisions of the Board of Appeal shall take effect only as from the date of expir y of the period referred to in 
Article 72(5) or, if an action has been brought before the General Cour t within that period, as from the date of dismissal 
of such action or of any appeal filed with the Cour t of Justice against the decision of the General Cour t. 
Article 72 
Actions before the Cour t of Just ice 
1. Actions may be brought before the General Cour t against decisions of the Boards of Appeal in relation to appeals. 
2. The action may be brought on grounds of lack of compet ence, infringement of an essential procedural 
requirement, infringe ment of the TFEU, infringe ment of this Regulation or of any rule of law relating to their 
application or misuse of power. 
3. The General Cour t shall have jurisdiction to annul or to alter the contest ed decision. 
4. The action shall be open to any party to proceedings before the Board of Appeal adversely affected by its decision. 
5. The action shall be brought before the General Cour t within two months of the date of notificati on of the decision 
of the Board of Appeal. 
6. The Office shall take the necessar y measures to compl y with the judgment of the General Cour t or, in the event of 
an appeal against that judgment, the Cour t of Justice. 16.6.2017 L 154/35 Official Jour nal of the European Union EN     Article 73 
Delegation of powers 
The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying: 
(a)  the formal conte nt of the notice of appeal referred to in Article 68 and the procedure for the filing and the 
examination of an appeal; 
(b)  the formal cont ent and form of the Board of Appeal's decisions as refer red to in Article 71; 
(c)  the reimbursement of the appeal fee referred to in Article 68. 
CHAPTER VIII 
SPECIFIC PROVISIONS ON EUR OPEAN UNION COLLECTIVE MARK S AND CERTIFICA TION MARK S 
SECTION 1 
EU collectiv e marks 
Article 74 
EU collectiv e marks 
1. A European Union collective mark (‘EU collective mark’) shall be an EU trade mark which is descr ibed as such 
when the mark is applied for and is capable of distinguishing the goods or services of the members of the association 
whic h is the propr ietor of the mark from those of other under takings. Associations of manufacturers, producers, 
suppliers of services, or traders which , under the term s of the law governing them, have the capacity in their own name 
to have rights and oblig ations of all kinds, to make contracts or accomplish other legal acts, and to sue and be sued, as 
well as legal persons governed by public law, may apply for EU collective marks . 
2. By way of derog ation from Article 7(1)(c), signs or indications which may serve, in trade, to designate the 
geographical origin of the goods or services may constitute EU collective marks within the meaning of paragraph 1. An 
EU collective mark shall not entitle the propr ietor to prohibit a third party from using in the course of trade such signs 
or indications, provided that he uses them in accordance with honest practices in industr ial or commercial matt ers; in 
particular , such a mark shall not be invoked against a third party who is entitled to use a geographical name. 
3. Chapt ers I to VII and IX to XIV shall apply to EU collective marks to the extent that this section does not provide 
other wise. 
Article 75 
Regulations governing use of an EU collectiv e mark 
1. An applicant for an EU collective mark shall submit regulations governing use within two months of the date of 
filing. 
2. The regulations governing use shall specify the persons author ised to use the mark, the conditions of membership 
of the association and, where they exist, the conditions of use of the mark, including sanctions. The regulations 
governing use of a mark refer red to in Article 74(2) shall author ise any person whose goods or services originat e in the 
geographical area concer ned to become a member of the association which is the propr ietor of the mark. 
3. The Commission shall adopt implementing acts specifying the details to be contained in the regulations refer red to 
in paragraph 2 of this Article. Those implementing acts shall be adopt ed in accordance with the examination procedure 
referred to in Article 207(2). 16.6.2017 L 154/36 Official Jour nal of the European Union EN     Article 76 
Refusal of the application 
1. In addition to the grounds for refusal of an EU trade mark application provided for in Articles 41 and 42, an 
application for an EU collective mark shall be refused where the provisions of Articles 74 or 75 are not satisfied, or 
where the regulations governing use are contrar y to public policy or to accept ed principles of morality . 
2. An application for an EU collective mark shall also be refused if the public is liable to be misled as regar ds the 
character or the signif icance of the mark, in particular if it is likely to be taken to be something other than a collective 
mark. 
3. An application shall not be refused if the applicant, as a result of amendment of the regulations governing use, 
meets the requirements of paragraphs 1 and 2. 
Article 77 
Obser vations by third parties 
Where written obser vations on an EU collective mark are submitted to the Offi ce pursuant to Article 45, those 
obser vations may also be based on the particular grounds on which the application for an EU collective mark should be 
refused pursuant to Article 76. 
Article 78 
Use of mark s 
Use of an EU collective mark by any person who has author ity to use it shall satisfy the requirements of this Regulation, 
provided that the other conditions whic h this Regulation imposes with regard to the use of EU trade marks are fulfilled. 
Article 79 
Amendment of the regulations governing use of the EU collectiv e mark 
1. The propr ietor of an EU collective mark shall submit to the Office any amended regulations governing use. 
2. The amendment shall not be mentioned in the Register if the amended regulations do not satisfy the requirements 
of Article 75 or involve one of the grounds for refusal refer red to in Article 76. 
3. Written obser vations made in accordance with Article 77 may also be submitted with regard to amended 
regulations governing use. 
4. For the purposes of applying this Regulation, amendments to the regulations governing use shall take effect only 
from the date of entr y of the mention of the amendment in the Regist er. 
Article 80 
Persons who are entitled to bring an action for infr ingement 
1. The provisions of Article 25(3) and (4) concer ning the rights of licensees shall apply to ever y person who has 
author ity to use an EU collective mark. 
2. The propr ietor of an EU collective mark shall be entitled to claim compensation on behalf of persons who have 
author ity to use the mark where they have sustained damage in consequence of unauthor ised use of the mark. 16.6.2017 L 154/37 Official Jour nal of the European Union EN     Article 81 
Grounds for revocation 
Apar t from the grounds for revocation provided for in Article 58, the rights of the propr ietor of an EU collective mark 
shall be revok ed on application to the Office or on the basis of a count erclaim in infringement proceedings, if: 
(a)  the propr ietor does not take reasonable steps to prevent the mark being used in a manner incompati ble with the 
conditions of use, where these exist, laid down in the regulations governing use, amendments to which have, where 
appropr iate, been mentioned in the Regist er; 
(b)  the manner in which the mark has been used by the propr ietor has caused it to become liable to mislead the public 
in the manner refer red to in Article 76(2); 
(c)  an amendment to the regulations governing use of the mark has been mentioned in the Regist er in breac h of the 
provisions of Article 79(2), unless the propr ietor of the mark, by further amending the regulations governing use, 
compl ies with the requirements of those provisions. 
Article 82 
Grounds for invalidity 
Apar t from the grounds for invalidity provided for in Articles 59 and 60, an EU collective mark whic h is registered in 
breac h of the provisions of Article 76 shall be declared invalid on application to the Offi ce or on the basis of 
a counterclaim in infringement proceedings, unless the propr ietor of the mark, by amending the regulations governing 
use, compl ies with the requirements of those provisions. 
SECTION 2 
EU certification marks 
Article 83 
EU certification marks 
1. An EU certificat ion mark shall be an EU trade mark whic h is descr ibed as such when the mark is applied for and 
is capable of distinguishing goods or services whic h are certified by the propr ietor of the mark in respect of mate rial, 
mode of manufacture of goods or perf ormance of services, quality , accuracy or other charact eristics, with the exce ption 
of geographical origin, from goods and services which are not so certified. 
2. Any natural or legal person, including institutions, author ities and bodies governed by public law, may apply for 
EU certificat ion marks provided that such person does not carry on a business involving the supply of goods or services 
of the kind certified. 
3. Chapt ers I to VII and IX to XIV shall apply to EU certificat ion marks to the extent that this Section does not 
provide other wise. 
Article 84 
Regulations governing use of an EU certification mark 
1. An applicant for an EU certification mark shall submit regulations governing the use of the EU certification mark 
within two months of the date of filing. 
2. The regulations governing use shall specify the persons author ised to use the mark, the charact eristics to be 
certified by the mark, how the certifying body is to test those charact eristics and to super vise the use of the mark. Those 
regulations shall also specify the conditions of use of the mark, including sanctions. 16.6.2017 L 154/38 Official Jour nal of the European Union EN     3. The Commission shall adopt implementing acts specifying the details to be contained in the regulations refer red to 
in paragraph 2 of this Article. Those implementing acts shall be adopt ed in accordance with the examination procedure 
referred to in Article 207(2). 
Article 85 
Refusal of the application 
1. In addition to the grounds for refusal of an EU trade mark application provided for in Articles 41 and 42, an 
application for an EU certification mark shall be refused where the conditions set out in Articles 83 and 84 are not 
satisfied, or where the regulations governing use are contrar y to public policy or to accept ed principles of morality . 
2. An application for an EU certification mark shall also be refused if the public is liable to be misled as regards the 
character or the signif icance of the mark, in particular if it is likely to be taken to be something other than a certificat ion 
mark. 
3. An application shall not be refused if the applicant, as a result of an amendment of the regulations governing use, 
meets the requirements of paragraphs 1 and 2. 
Article 86 
Obser vations by third parties 
Where written obser vations on an EU certification mark are submitt ed to the Offi ce pursuant to Article 45, those 
obser vations may also be based on the particular grounds on whic h the application for an EU certification mark should 
be refused pursuant to Article 85. 
Article 87 
Use of the EU certification mark 
Use of an EU certificat ion mark by any person who has author ity to use it pursuant to the regulations governing use 
referred to in Article 84 shall satisfy the requirements of this Regulation, provided that the other conditions laid down 
in this Regulation with regard to the use of EU trade marks are fulfilled. 
Article 88 
Amendment of the regulations governing use of the EU certification mark 
1. The propr ietor of an EU certificat ion mark shall submit to the Office any amended regulations governing use. 
2. Amendments shall not be mentioned in the Regist er where the regulations as amended do not satisfy the 
requirements of Article 84 or involve one of the grounds for refusal refer red to in Article 85. 
3. Written obser vations in accordance with Article 86 may also be submitted with regar d to amended regulations 
governing use. 
4. For the purposes of this Regulation, amendments to the regulations governing use shall take effect only as from 
the date of entr y of the mention of the amendment in the Register . 
Article 89 
Transfer 
By way of derogation from Article 20(1), an EU certification mark may only be transferred to a person who meets the 
requirements of Article 83(2). 16.6.2017 L 154/39 Official Jour nal of the European Union EN     Article 90 
Persons who are entitled to bring an action for infr ingement 
1. Only the propr ietor of an EU certification mark, or any person specifi cally author ised by him to that effect, shall 
be entitled to bring an action for infringe ment. 
2. The propr ietor of an EU certification mark shall be entitled to claim compensation on behalf of persons who have 
author ity to use the mark where they have sustained damage as a consequence of unauthor ised use of the mark. 
Article 91 
Grounds for revocation 
In addition to the grounds for revocati on provided for in Article 58, the rights of the propr ietor of an EU certificat ion 
mark shall be revok ed on application to the Offi ce or on the basis of a count erclaim in infringement proceedings, where 
any of the following conditions is fulfilled : 
(a)  the propr ietor no long er compl ies with the requirements set out in Article 83(2); 
(b)  the propr ietor does not take reasonable steps to prevent the EU certification mark being used in a manner that is 
incompati ble with the conditions of use laid down in the regulations governing use, amendments to which have, 
where appropr iate, been mentioned in the Register; 
(c)  the manner in whic h the EU certificat ion mark has been used by the propr ietor has caused it to become liable to 
mislead the public in the manner referred to in Article 85(2); 
(d)  an amendment to the regulations governing use of the EU certificat ion mark has been mentioned in the Register in 
breac h of Article 88(2), unless the propr ietor of the mark, by further amending the regulations governing use, 
compl ies with the requirements of that Article. 
Article 92 
Grounds for invalidity 
In addition to the grounds for invalidity provided for in Articles 59 and 60, an EU certificat ion mark whic h is registere d 
in breac h of Article 85 shall be declared invalid on application to the Offi ce or on the basis of a counterclaim in 
infringemen t proceedings, unless the propr ietor of the EU certification mark, by amending the regulations governing 
use, compl ies with the requirements of Article 85. 
Article 93 
Conv ersion 
Without prejudice to Article 139(2), conversion of an application for an EU certificat ion mark or of a registere d 
EU certification mark shall not take place where the national law of the Member State concer ned does not provide for 
the registration of guarantee or certificat ion marks pursuant to Article 28 of Directive (EU) 2015/2436. 
CHAPTER IX 
PROCEDURE 
SECTION 1 
Gener al provisions 
Article 94 
Decisions and communications of the Office 
1. Decisions of the Offi ce shall state the reasons on whic h they are based. They shall be based only on reasons or 
evidence on which the parties concer ned have had an oppor tunity to present their comments. Where oral proceedings 
are held before the Office, the decision may be given orally . Subsequently , the decision shall be notified in writing to the 
parties. 16.6.2017 L 154/40 Official Jour nal of the European Union EN     2. Any decision, communication or notice from the Office shall indicate the depar tment or division of the Offi ce as 
well as the name or the names of the official or officials responsible. They shall be signed by that official or those 
officials, or, instead of a signature, carry a printed or stam ped seal of the Offi ce. The Executive Direct or may determine 
that other means of identifying the depar tment or division of the Office and the name of the official or officials 
responsible, or an identif ication other than a seal, may be used where decisions, communications or notices from the 
Offi ce are transmitted by telecopier or any other technical means of communication. 
3. Decisions of the Office whic h are open to appeal shall be accompanied by a written communication indicating 
that any notice of appeal is to be filed in writing at the Office within two months of the date of notification of the 
decision in question. The communications shall also draw the attenti on of the parties to the provisions laid down in 
Articles 66, 67 and 68. The parties may not plead any failure on the part of the Office to communicate the availability 
of appeal proceedings. 
Article 95 
Examination of the facts by the Office of its own motion 
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 registration, the Offi ce shall be restr icted in this examination to the facts, evidence and 
arguments provided by the parties and the relief sought. In invalidity proceedings pursuant to Article 59, the Office shall 
limit its examination to the grounds and arguments submitted by the parties. 
2. The Office may disregar d facts or evidence which are not submitt ed in due time by the parties concer ned. 
Article 96 
Oral proceedings 
1. If the Offi ce considers that oral proceedings would be expedient they shall be held either at the instance of the 
Offi ce or at the request of any party to the proceedings. 
2. Oral proceedings before the examiners, the Opposition Division and the Depar tment in charg e of the Registe r shall 
not be public. 
3. Oral proceedings, including deliver y of the decision, shall be public before the Cancellation Division and the 
Boards of Appeal, in so far as the depar tment before which the proceedings are taking place does not decide other wise 
in cases where admission of the public could have serious and unjustified disadvantages, in particular for a party to the 
proceedings. 
4. The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying the detailed 
arrang ements for oral proceedings, including the detailed arrange ments for the use of languag es in accordance with 
Article 146. 
Article 97 
Taking of evidence 
1. In any proceedings before the Office, the means of giving or obtaining evidence shall include the following: 
(a)  hear ing the parties; 
(b)  requests for information; 
(c)  the production of documents and items of evidence; 
(d)  hear ing witnesses; 
(e)  opinions by exper ts; 
(f)  state ments in writing sworn or affirmed or having a similar effect under the law of the State in which the statement 
is drawn up. 16.6.2017 L 154/41 Official Jour nal of the European Union EN     2. The relevant depar tment may commission one of its members to examine the evidence adduced. 
3. If the Offi ce considers it necessar y for a party, witness or exper t to give evidence orally , it shall issue a summons 
to the person concer ned to appear before it. The period of notice provided in such summons shall be at least one 
month, unless they agree to a shor ter period. 
4. The parties shall be informed of the hear ing of a witness or exper t before the Offi ce. They shall have the right to 
be present and to put questions to the witness or exper t. 
5. The Executive Director shall determine the amounts of expenses to be paid, including advances, as regards the 
costs of taking of evidence as referred to in this Article. 
6. The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying the detailed 
arrang ements for the taking of evidence. 
Article 98 
Notif ication 
1. The Offi ce shall, as a matt er of course, notify those concer ned of decisions and summonses and of any notice or 
other communication from which a time limit is reck oned, or of which those concer ned are to be notified under other 
provisions of this Regulation or of acts adop ted pursuant to this Regulation, or of whic h notificati on has been ordered 
by the Executive Direct or. 
2. The Executive Direct or may determine whic h documents other than decisions subject to a time limit for appeal 
and summonses shall be notified by registe red letter with proof of deliver y. 
3. Notification may be effected by diffe rent means, including by electronic means. The details regar ding electronic 
means shall be deter mined by the Executive Director . 
4. Where notifi cation is to be effect ed by public notice, the Executive Director shall determine how the public notice 
is to be given and shall fix the beginning of the one-month period on the expir y of which the document shall be 
deemed to have been notifi ed. 
5. The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying the detailed 
arrang ements for notifi cation. 
Article 99 
Notif ication of loss of rights 
Where the Offi ce finds that the loss of any rights results from this Regulation or acts adopt ed pursuant to this 
Regulation, without any decision having been take n, it shall communicate this to the person concer ned in accordance 
with Article 98. The latter may apply for a decision on the matter within two months of notificati on of the communi ­
cation, if he considers that the finding of the Offi ce is incor rect. The Office shall adopt such a decision only where it 
disagrees with the person requesting it; other wise the Offi ce shall amend its finding and inform the person requesting 
the decision. 
Article 100 
Communications to the Office 
1. Communications addressed to the Office may be effected by electronic means. The Executive Director shall 
determine to what extent and under which technical conditions those communications may be submitted electronically . 
2. The Commission is empo wered to adop t delegat ed acts in accordance with Article 208 specifying the rules on the 
means of communication, including the electronic means of communication, to be used by the parties to proceedings 
before the Office and the forms to be made available by the Office. 16.6.2017 L 154/42 Official Jour nal of the European Union EN     Article 101 
Time limits 
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 relevant event occur red. The duration of time limits shall be no less than one month 
and no more than six months. 
2. The Executive Direct or shall determine, before the commencement of each calendar year, the days on which the 
Offi ce is not open for receipt of documents or on which ordinar y post is not delivered in the locality in which the 
Offi ce is located. 
3. The Executive Director shall determine the duration of the period of interr uption in the case of a general 
interr upti on in the deliver y of post in the Member State where the Office is locat ed or, in the case of an actual 
interr upti on of the Office's connection to admitt ed electronic means of communication. 
4. If an excep tional occur rence, such as a natural disaste r or strike, interrupts or interf eres with proper communi ­
cation from the parties to the proceedings to the Offi ce or vice-versa, the Executive Director may deter mine that for 
parties to the proceedings having their residence or registere d office in the Member State concer ned or who have 
appointe d a representative with a place of business in the Member State concer ned all time limits that other wise would 
expire on or after the date of commencement of such occur rence, as deter mined by him, shall extend until a date to be 
determined by him. When deter mining that date, he shall assess when the excep tional occur rence comes to an end. If 
the occur rence affects the seat of the Office, such determination of the Executive Director shall specify that it applies in 
respect of all parties to the proceedings. 
5. The Commission is empo wered to adopt delegat ed acts in accordance with Article 208 specifying the details 
regar ding the calculation and duration of time limits. 
Article 102 
Cor rection of errors and manifest oversights 
1. The Office shall correct any linguistic errors or errors of transcr iption and manifest oversights in its decisions, or 
technical errors attributable to it in registe ring an EU trade mark or in publishing the registration of its own motion or 
at the request of a party. 
2. Where the correction of errors in the registration of an EU trade mark or the publication of the registration is 
request ed by the propr ietor, Article 55 shall apply mutatis mutandis. 
3. Corrections of errors in the registration of an EU trade mark and in the publication of the registration shall be 
published by the Office. 
Article 103 
Rev ocation of decisions 
1. Where the Office has made an entr y in the Register or taken a decision whic h contains an obvious error 
attributable to the Office, it shall ensure that the entr y is cancelled or the decision is revok ed. Where there is only one 
party to the proceedings and the entr y or the act affects its rights, cancellation or revocation shall be deter mined even if 
the error was not evident to the party. 
2. Cancellation or revocation as referred to in paragraph 1 shall be deter mined, ex officio or at the request of one of 
the parties to the proceedings, by the depar tment which made the entr y or took the decision. The cancellation of the 
entr y in the Register or the revocati on of the decision shall be effected within one year of the date on whic h the entr y 
was made in the Regist er or that decision was taken, after consultation with the parties to the proceedings and any 
propr ietor of rights to the EU trade mark in question that are entered in the Register . The Offi ce shall keep records of 
any such cancellation or revocation. 16.6.2017 L 154/43 Official Jour nal of the European Union EN     3. The Commission is empo wered to adopt delegat ed acts in accordance with Article 208 specifying the procedure 
for the revocation of a decision or for the cancellation of an entr y in the Register . 
4. This Article shall be without prejudice to the right of the parties to submit an appeal under Articles 66 and 72, or 
to the possibility of correcting errors and manifest oversights under Article 102. Where an appeal has been filed again st 
a decision of the Offi ce containing an error, the appeal proceedings shall become devoid of purpose upon revocation by 
the Offi ce of its decision pursuant to paragraph 1 of this Article. In the latter case, the appeal fee shall be reimbursed to 
the appellant. 
Article 104 
Rest itutio in integ rum 
1. The applicant for or propr ietor of an EU trade mark or any other party to proceedings before the Offi ce who, in 
spite of all due care required by the circumstances having been taken, was unable to comply with a time limit vis-à-vis 
the Offi ce shall, upon application, have his rights re-established if the obstacle to compliance has the direct 
consequence, by virtue of the provisions of this Regulation, of causing the loss of any right or means of redress. 
2. The application shall be filed in writing within two months of the remo val of the obstacle to compl iance with the 
time limit. The omitt ed act shall be compl eted within this period. The application shall only be admissible within the 
year immediately following the expir y of the unobser ved time limit. In the case of non-submission of the request for 
renewal of registration or of non-pa yment of a renewal fee, the further period of six months provided in the third 
senten ce of Article 53(3) shall be deducted from the period of one year. 
3. The application shall state the grounds on which it is based and shall set out the facts on whic h it relies. It shall 
not be deemed to be filed until the fee for re-establishment of rights has been paid. 
4. The depar tment compet ent to decide on the omitt ed act shall decide upon the application. 
5. This Article shall not be applicable to the time limits refer red to in paragraph 2 of this Article, Article 46(1) 
and (3) and Article 105. 
6. Where the applicant for or propr ietor of an EU trade mark has his rights re-established, he may not invoke his 
rights vis-à-vis a third party who, in good faith, has put goods on the market or supplied services under a sign which is 
identical with, or similar to, the EU trade mark in the course of the period between the loss of rights in the application 
or in the EU trade mark and publication of the mention of re-establishment of those rights. 
7. A third party who may avail himself of the provisions of paragraph 6 may bring third party proceedings against 
the decision re-establishing the rights of the applicant for or propr ietor of an EU trade mark within a period of 
two months as from the date of publication of the mention of re-establishment of those rights. 
8. Nothing in this Article shall limit the right of a Member State to grant restitutio in integ rum in respect of time limits 
provided for in this Regulation and to be obser ved vis-à-vis the author ities of such State. 
Article 105 
Continuation of proceedings 
1. An applicant for or propr ietor of an EU trade mark or any other party to proceedings before the Office who has 
omitt ed to obser ve a time limit vis-à-vis the Offi ce may, upon request, obtain the continuation of proceedings, provided 
that at the time the request is made the omitt ed act has been carried out. The request for continuation of proceedings 
shall be admissible only if it is submitted within two months of the expir y of the unobser ved time limit. The request 
shall not be deemed to have been filed until the fee for continuation of the proceedings has been paid. 
2. This Article shall not apply to the time limits laid down in Article 32, Article 34(1), Article 38(1), Article 41(2), 
Article 46(1) and (3), Article 53(3), Article 68, Article 72(5), Article 104(2) and Article 139, or to the time limits laid 
down in paragraph 1 of this Article or the time limit for claiming senior ity pursuant to Article 39 after the application 
has been filed. 16.6.2017 L 154/44 Official Jour nal of the European Union EN     3. The depar tment compet ent to decide on the omitt ed act shall decide upon the application. 
4. If the Office accepts the application, the consequences of having failed to obser ve the time limit shall be deemed 
not to have occur red. If a decision has been taken between the expir y of that time limit and the request for the 
continuation of proceedings, the depar tment compet ent to decide on the omitt ed act shall review the decision and, 
where completion of the omitt ed act itself is suffic ient, take a diffe rent decision. If, following the review , the Offi ce 
concludes that the original decision does not require to be altered, it shall confir m that decision in writing. 
5. If the Offi ce rejects the application, the fee shall be refunded. 
Article 106 
Inter ruption of proceedings 
1. Proceedings before the Office shall be interrupted: 
(a)  in the event of the death or legal incapacity of the applicant for, or propr ietor of, an EU trade mark or of the person 
author ised by national law to act on his behalf. To the extent that that death or incapacity does not affect the author ­
isation of a representative appointed under Article 120, proceedings shall be interr upted only on application by such 
representative; 
(b)  in the event of the applicant for, or propr ietor of, an EU trade mark being prevented, for legal reasons resulting from 
action taken against his proper ty, from continuing the proceedings before the Offi ce; 
(c)  in the event of the death or lega l incapacity of the representative of an applicant for, or propr ietor of, an EU trade 
mark, or of that representative being prevente d, for lega l reasons resulting from action taken against his proper ty, 
from continuing the proceedings before the Offi ce. 
2. Proceedings before the Offi ce shall be resumed as soon as the identity of the person author ised to continue them 
has been established. 
3. The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying the detailed 
arrang ements for the resump tion of proceedings before the Offi ce. 
Article 107 
Reference to general principles 
In the absence of procedural provisions in this Regulation or in acts adop ted pursuant to this Regulation, the Office 
shall take into account the principles of procedural law generally recognised in the Member States. 
Article 108 
Termination of financial obligations 
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. 
2. Rights again st the Office for the refunding of fees or sums of mone y paid in excess of a fee shall be extinguished 
after four years from the end of the calendar year in whic h the right arose. 
3. The period laid down in paragraphs 1 and 2 shall be interr upted, in the case covered by paragraph 1, by a request 
for payment of the fee, and in the case covered by paragraph 2, by a reasoned claim in writing. On interr uption it shall 
begin again immediately and shall end at the latest six years after the end of the year in which it originally began, unless, 
in the meantime, judicial proceedings to enforce the right have begun; in this case the period shall end at the earliest 
one year after the judgment has acquired the author ity of a final decision. 16.6.2017 L 154/45 Official Jour nal of the European Union EN     SECTION 2 
Costs 
Article 109 
Cost s 
1. The losing party in opposition proceedings, proceedings for revocation, proceedings for a declaration of invalidity 
or appeal proceedings shall bear the fees paid by the other party. Without prejudice to Article 146(7), the losing party 
shall also bear all costs incur red by the other party that are essential to the proceedings, including travel and subsistence 
and the remuneration of a representative within the meaning of Article 120(1), within the limits of the scales set for 
each categor y of costs in the imple menting act to be adopt ed in accordance with paragraph 2 of this Article. The fees to 
be borne by the losing party shall be limited to the fees paid by the other party for opposition, for an application for 
revocati on or for a declaration of invalidity of the EU trade mark and for appeal. 
2. The Commission shall adopt implementing acts specifying the maximum rates for costs essential to the 
proceedings and actually incur red by the successful party. Those implementing acts shall be adopt ed in accordance with 
the examination procedure refer red to in Article 207(2). 
When specifying such amounts with respect to travel and subsistence costs, the Commission shall take into account the 
distance between the place of residence or business of the party, representative or witness or exper t and the place where 
the oral proceedings are held, the procedural stage at whic h the costs have been incur red, and, as far as costs of 
representation within the meaning of Article 120(1) are concer ned, the need to ensure that the oblig ation to bear the 
costs may not be misused for tactical reasons by the other party. Subsistence expenses shall be calculated in accordance 
with the Staff Regulations of Officials 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) (‘the Staff Regulations ’ and ‘Conditions of 
Emplo yment’ respectively). 
The losing party shall bear the costs for one opposing party only and, where applicable, one representative only . 
3. However , where each party succeeds on some and fails on other heads, or if reasons of equity so dictate, the 
Opposition Division, Cancellation Division or Board of Appeal shall decide a different appor tionment of costs. 
4. The party who term inate s the proceedings by withdrawing the EU trade mark application, the opposition, the 
application for revocati on of rights, the application for a declaration of invalidity or the appeal, or by not renewing 
registration of the EU trade mark or by surrender ing the EU trade mark, shall bear the fees and the costs incur red by the 
other party as stipulated in paragraphs 1 and 3. 
5. Where a case does not proceed to judgment the costs shall be at the discretion of the Opposition Division, 
Cancellation Division or Board of Appeal. 
6. Where the parties conclude before the Opposition Division, Cancellation Division or Board of Appeal a settlement 
of costs differi ng from that provided for in paragraphs 1 to 5, the depar tment concer ned shall take note of that 
agreement. 
7. The Opposition Division or Cancellation Division or Board of Appeal shall fix the amount of the costs to be paid 
pursuant to paragraphs 1 to 6 of this Article when the costs to be paid are limite d to the fees paid to the Offi ce and the 
representation costs. In all other cases, the registr y of the Board of Appeal or a member of the staff of the Opposition 
Division or Cancellation Division shall fix, on request, the amount of the costs to be reimbursed. The request shall be 
admissible only for the period of two months following the date on whic h the decision for which an application was 
made for the costs to be fixed becomes final and shall be accompanied by a bill and suppor ting evidence. For the costs 
of representation pursuant to Article 120(1), an assurance by the representative that the costs have been incur red shall 
be sufficient. For other costs, it shall be suffi cient if their plausibility is established. Where the amount of the costs is 
fixed pursuant to the first senten ce of this paragraph, representation costs shall be awar ded at the level laid down in the 
implementing act adopt ed pursuant to paragraph 2 of this Article and irrespective of whether they have been actually 
incur red. 16.6.2017 L 154/46 Official Jour nal of the European Union EN     
(1)OJ L 56, 4.3.1968, p. 1. 8. The decision on the fixing of costs, stating the reasons on which it is based, may be reviewed by a decision of the 
Opposition Division or Cancellation Division or Board of Appeal on a request filed within one month of the date of 
notificati on of the award ing of costs. It shall not be deemed to be filed until the fee for reviewing the amount of the 
costs has been paid. The Opposition Division, the Cancellation Division or the Board of Appeal, as the case may be, 
shall take a decision on the request for a review of the decision on the fixing of costs without oral proceedings. 
Article 110 
Enforcement of decisions fixing the amount of costs 
1. Any final decision of the Offi ce fixing the amount of costs shall be enforceable. 
2. Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of whic h it is 
carried out. Each Member State shall designate a sing le author ity responsible for verifying the authenticity of the 
decision refer red to in paragraph 1 and shall communicate its contact details to the Offi ce, the Cour t of Justice and the 
Commission. The order for the enforcement of the decision shall be appended to the decision by that author ity, with the 
verification of the authenticity of the decision as the sole formality . 
3. When these formalities have been complet ed on application by the party concer ned, the latter may proceed to 
enforcement in accordance with the national law, by bringing the matt er directly before the compet ent author ity. 
4. Enforcement may be suspended only by a decision of the Cour t of Justice. However , the cour ts of the countr y 
concer ned shall have jurisdiction over compl aints that enforcement is being carried out in an irregular manner . 
SECTION 3 
Information which may be made available to the public and to the author ities of the Member States 
Article 111 
Register of EU trade mark s 
1. The Office shall keep a Registe r of EU trade marks which it shall keep up to date . 
2. The Register shall contain the following entr ies relating to EU trade mark applications and registrations: 
(a)  the date of filing the application; 
(b)  the file number of the application; 
(c)  the date of the publication of the application; 
(d)  the name and address of the applicant ; 
(e)  the name and business address of the representative, other than a representative as refer red to in the first senten ce 
of Article 119(3); 
(f)  the representation of the mark, with indications as to its nature; and, where applicable, a descr iption of the mark; 
(g)  an indication of the goods and services by their names; 
(h)  particulars of claims of priority pursuant to Article 35; 
(i)  particulars of claims of exhibition priority pursuant to Article 38; 
(j)  particulars of claims of senior ity of a registered earlier trade mark as refer red to in Article 39; 
(k)  a statement that the mark has become distinctive in consequence of the use which has been made of it, pursuant to 
Article 7(3); 
(l)  an indication that the mark is a collective mark; 
(m)  an indication that the mark is a certification mark; 
(n)  the language in whic h the application was filed and the second languag e whic h the applicant has indicated in his 
application, pursuant to Article 146(3); 16.6.2017 L 154/47 Official Jour nal of the European Union EN     (o)  the date of registration of the mark in the Registe r and the registration number; 
(p)  a statement that the application is the result of a transf ormation of an international registration designating the 
Union, pursuant to Article 204 of this Regulation, together with the date of the internati onal registration pursuant 
to Article 3(4) of the Madr id Protocol or the date on whic h the territorial extension to the Union made subsequent 
to the internati onal registration pursuant to Article 3ter(2) of the Madr id Protocol was recorded and, where 
applicable, the date of priority of the international registration. 
3. The Register shall also contain the following entr ies, each accompan ied by the date of recording of such entr y: 
(a)  changes in the name, address or nationality of the propr ietor of an EU trade mark or a chang e in the State in whic h 
he is domiciled or has his seat or establishment ; 
(b)  changes in the name or business address of the representative, other than a representative as refer red to in the first 
senten ce of Article 119(3); 
(c)  where a new representative is appointed , the name and business address of that representative; 
(d)  amendments and alterations of the mark, pursuant to Articles 49 and 54, and corrections of errors; 
(e)  notice of amendments to the regulations governing the use of the collective mark pursuant to Article 79; 
(f)  particulars of claims of senior ity of a register ed earlier trade mark as refer red to in Article 39, pursuant to 
Article 40; 
(g)  total or partial transfer s pursuant to Article 20; 
(h)  creation or transfer of a right in rem pursuant to Article 22, and the nature of the right in rem; 
(i)  levy of executi on pursuant to Article 23 and insolvency proceedings pursuant to Article 24; 
(j)  the grant or transfer of a licence pursuant to Article 25 and, where applicable, the type of licence; 
(k)  renewal of a registration pursuant to Article 53, the date from whic h it takes effect and any restr ictions pursuant to 
Article 53(4); 
(l)  a record of a deter mination of the expir y of a registration pursuant to Article 53; 
(m)  declarations of withdra wal or surrender by the propr ietor of the mark pursuant to Articles 49 and 57 respectively ; 
(n)  the date of submission and the particulars of an opposition pursuant to Article 46, of an application pursuant to 
Article 63, or a count erclaim pursuant to Article 128(4) for revocation or for a declaration of invalidity , or of an 
appeal pursuant to Article 68; 
(o)  the date and conte nt of a decision on an opposition, on an application or counterclaim pursuant to Article 64(6) or 
the third senten ce of Article 128(6), or on an appeal pursuant to Article 71; 
(p)  a record of the receipt of a request for convers ion pursuant to Article 140(2); 
(q)  the cancellation of the representative recorded pursuant to point (e) of paragraph 2 of this Article; 
(r)  the cancellation of the senior ity of a national mark; 
(s)  the modifi cation to or cancellation from the Regist er of the items refer red to in points (h), (i) and (j) of this 
paragraph; 
(t)  the replacement of the EU trade mark by an international registration pursuant to Article 197; 
(u)  the date and number of international registrations based on the EU trade mark application which has been 
register ed as an EU trade mark pursuant to Article 185(1); 
(v)  the date and number of internati onal registrations based on the EU trade mark pursuant to Article 185(2); 
(w)  the division of an application pursuant to Article 50 and the division of a registration pursuant to Article 56, 
together with the items referred to in paragraph 2 of this Article in respect of the divisional registration, as well as 
the list of goods and services of the original registration as amended; 16.6.2017 L 154/48 Official Jour nal of the European Union EN     (x)  the revocation of a decision or an entr y in the Regist er pursuant to Article 103, where the revocati on concer ns 
a decision or entr y which has been published; 
(y)  notice of amendments to the regulations governing the use of the EU certificat ion mark pursuant to Article 88. 
4. The Executive Director may determine that items other than those refer red to in paragraphs 2 and 3 of this 
Article are to be entered in the Register , subject to Article 149(4). 
5. The Registe r may be maintained in electronic form. The Offi ce shall collect, organise, mak e public and store the 
items refer red to in paragraphs 2 and 3, including any personal data, for the purposes laid down in paragraph 8. The 
Offi ce shall keep the register easily accessible for public inspection. 
6. The propr ietor of an EU trade mark shall be notifi ed of any change in the Regist er. 
7. The Office shall provide certified or uncer tified extracts from the Regist er on request and on payment of a fee. 
8. The processing of the data concer ning the entr ies set out in paragraphs 2 and 3, including any personal data, shall 
take place for the purposes of: 
(a)  administe ring the applications and/or registrations as descr ibed in this Regulation and acts adopt ed pursuant to it; 
(b)  maintaining a public register for inspection by, and the information of, public author ities and economic operators, 
in order to enable them to exercise the rights conferred on them by this Regulation and be informed about the 
existen ce of prior rights belonging to third parties; and 
(c)  producing repor ts and statistics enabling the Offi ce to optimise its operations and improve the functioning of the 
system. 
9. All the data, including personal data, concer ning the entr ies in paragraphs 2 and 3 shall be considered to be of 
public interest and may be accessed by any third party. For reasons of legal certainty , the entr ies in the Regist er shall be 
kept for an indefini te period of time. 
Article 112 
Data base 
1. In addition to the oblig ation to keep a Register within the meaning of Article 111, the Offi ce shall collect and 
store in an electronic database all the particulars provided by applicants or any other party to the proceedings pursuant 
to this Regulation or acts adopt ed pursuant to it. 
2. The electronic database may include personal data, beyond those included in the Registe r pursuant to Article 111, 
to the extent that such particulars are required by this Regulation or by acts adopt ed pursuant to it. The collection, 
storage and processing of such data shall serve the purposes of: 
(a)  administe ring the applications and/or registrations as descr ibed in this Regulation and in acts adopt ed pursuant to it; 
(b)  accessing the information necessar y for conducting the relevant proceedings more easily and efficiently ; 
(c)  communicating with the applicants and other parties to the proceedings; 
(d)  producing repor ts and statistics enabling the Offi ce to optimise its operations and improve the functioning of the 
system. 
3. The Executive Direct or shall determine the conditions of access to the electronic database and the manner in 
whic h its conte nts, other than the personal data referred to in paragraph 2 of this Article but including those listed in 
Article 111, may be made available in machi ne-readable form, including the charg e for such access. 
4. Access to the personal data refer red to in paragraph 2 shall be restr icted and such data shall not be made publicly 
available unless the party concer ned has given his express consent. 16.6.2017 L 154/49 Official Jour nal of the European Union EN     5. All data shall be kept indef initely. However , the party concer ned may request the remo val of any personal data 
from the database after 18 months from the expir y of the EU trade mark or the closure of the relevant inter partes 
procedure. The party concer ned shall have the right to obtain the correction of inaccurate or erroneous data at any 
time. 
Article 113 
Online access to decisions 
1. The decisions of the Offi ce shall be made available online for the information and consultation of the general 
public in the interest of transparency and predictability . Any party to the proceedings that led to the adoption of the 
decision may request the remo val of any personal data included in the decision. 
2. The Office may provide online access to judgments of national and Union cour ts relat ed to its tasks in order to 
raise public awar eness of intellectual proper ty matt ers and promote convergence of practices. The Offi ce shall respect 
the conditions of the initial publication with regar d to personal data. 
Article 114 
Inspection of files 
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 of the applicant. 
2. Any person who can prove that the applicant for an EU trade mark has state d that after the trade mark has been 
register ed he will invoke the rights under it against him may obtain inspection of the files prior to the publication of 
that application and without the consent of the applicant. 
3. Subsequent to the publication of the EU trade mark application, the files relating to such application and the 
resulting trade mark may be inspected on request. 
4. Where the files are inspecte d pursuant to paragraph 2 or 3 of this Article, documents relating to excl usion or 
objection pursuant to Article 169, draf t decisions and opinions, and all other intern al documents used for the 
preparation of decisions and opinions, as well as parts of the file whic h the party concer ned showed a special interest in 
keeping confidential before the request for inspection of the files was made, unless inspection of such parts of the file is 
justified by overriding, legitimate inter ests of the party seeking inspection, may be withheld from inspection. 
5. Inspection of the files of EU trade mark applications and of registe red EU trade marks shall be of the original 
document, or of copies thereof, or of technical means of storage if the files are stored in this way. The Executive 
Direct or shall deter mine the means of inspection. 
6. Where inspection of files takes place as provided for in paragraph 7, the request for inspection of the files shall 
not be deemed to have been made until the required fee has been paid. No fee shall be payable if inspection of technical 
means of storag e takes place online. 
7. Inspection of the files shall take place at the premises of the Office. On request, inspection of the files shall be 
effected by means of issuing copies of file documents. The issuing of such copies shall be conditional on the payment of 
a fee. The Office shall also issue on request certified or uncer tified copies of the application for an EU trade mark upon 
payment of a fee. 
8. The files kept by the Office relating to intern ational registrations designating the Union may be inspecte d on 
request as from the date of publication referred to in Article 190(1), in accordance with the conditions laid down in 
paragraphs 1, 3 and 4 of this Article. 
9. Subject to the restr ictions provided for in paragraph 4, the Offi ce may, on request, communicate information from 
any file of an EU trade mark applied for or of a registered EU trade mark, subject to payment of a fee. However , the 
Offi ce may require the exercise of the option to obtain inspection of the file itself should it deem this to be appropr iate 
in view of the quantity of information to be supplied. 16.6.2017 L 154/50 Official Jour nal of the European Union EN     Article 115 
Keeping of files 
1. The Offi ce shall keep the files of any procedure relating to an EU trade mark application or EU trade mark 
registration. The Executive Direct or shall determi ne the form in which those files shall be kept. 
2. Where the files are kept in electronic format, the electronic files, or back -up copies thereof, shall be kept 
indefini tely. The original documents filed by parties to the proceedings, and forming the basis of such electronic files, 
shall be disposed of after a period following their recep tion by the Offi ce, which shall be determined by the Executive 
Direct or. 
3. Where and to the extent that files or parts of the files are kept in any form other than electronically , documents or 
items of evidence constituting part of such files shall be kept for at least five years from the end of the year in whic h the 
application is reject ed or withdra wn or is deemed to be withdrawn, the registration of the EU trade mark expires 
compl etely pursuant to Article 53, the compl ete surrender of the EU trade mark is registere d pursuant to Article 57, or 
the EU trade mark is complet ely remo ved from the Regist er pursuant to Article 64(6) or 128(6). 
Article 116 
Periodical publications 
1. The Office shall periodically publish: 
(a)  a European Union Trade Marks Bulletin containing publications of applications and of entr ies made in the Registe r 
as well as other particulars relating to applications or registrations of EU trade marks the publication of which is 
required under this Regulation or by acts adopt ed pursuant to it; 
(b)  an Official Jour nal of the Office containing notices and information of a general charact er issued by the Executive 
Direct or, as well as any other information relevant to this Regulation or its implementation. 
The publications refer red to in points (a) and (b) of the first subparagraph may be effected by electronic means. 
2. The European Union Trade Marks Bulletin shall be published in a manner and at a frequency to be deter mined by 
the Executive Director . 
3. The Offi cial Jour nal of the Offi ce shall be published in the languag es of the Office. However , the Executive 
Direct or may determine that certain items shall be published in the Offi cial Jour nal of the Offi ce in the official languag es 
of the Union. 
4. The Commission shall adopt implementing acts specifying: 
(a)  the date to be taken as the date of publication in the European Union Trade Marks Bulletin; 
(b)  the manner of publication of entr ies regar ding the registration of a trade mark whic h do not contain chang es as 
compare d to the publication of the application; 
(c)  the forms in which editions of the Official Jour nal of the Offi ce may be made available to the public. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to in Article 207(2). 
Article 117 
Administ rativ e cooperation 
1. Unless other wise provided in this Regulation or in national laws, the Offi ce and the cour ts or author ities of the 
Member States shall on request give assistance to each other by communicating information or opening files for 
inspection. Where the Offi ce lays files open to inspection by cour ts, Public Prosecutors' Offices or central industr ial 
proper ty offices, the inspection shall not be subject to the restr ictions laid down in Article 114. 
2. The Office shall not charg e fees for the communication of information or the opening of files for inspection. 16.6.2017 L 154/51 Official Jour nal of the European Union EN     3. The Commission shall adopt implementing acts specifying the detailed arrang ements as to how the Office and the 
author ities of the Member State s are to exchange information between each other and open files for inspection, taking 
into account the restr ictions to whic h the inspection of files relating to EU trade mark applications or registrations is 
subject, pursuant to Article 114, when it is opened to third parties. Those imp lementing acts shall be adopt ed in 
accordance with the examination procedure referred to in Article 207(2). 
Article 118 
Exc hange of publications 
1. The Office and the central industr ial proper ty office s of the Member States shall despatch to each other on request 
and for their own use one or more copies of their respective publications free of charg e. 
2. The Office may conclude agreements relating to the exchange or supply of publications. 
SECTION 4 
Repr esentation 
Article 119 
General principles of represent ation 
1. Subject to the provisions of paragraph 2, no person shall be compelled to be represent ed before the Office. 
2. Without prejudice to the second sente nce of paragraph 3 of this Article, natural or legal persons having neither 
their domicile nor their principal place of business or a real and effective industr ial or commercial establishment in the 
European Economic Area shall be represent ed before the Office in accordance with Article 120(1) in all proceedings 
provided for by this Regulation, other than the filing of an application for an EU trade mark. 
3. Natural or legal persons having their domicile or principal place of business or a real and effective industr ial or 
commercial establishment in the European Economic Area may be represent ed before the Offi ce by an emplo yee. An 
emplo yee of a legal person to whic h this paragraph applies may also represent other legal persons whic h have economic 
connections with the first lega l person, even if those other lega l persons have neither their domicile nor their principal 
place of business nor a real and effective industr ial or commercial establishment within the European Economic Area. 
Emplo yees who represent persons, within the meaning of this paragraph, shall, at the request of the Office or, where 
appropr iate, of the party to the proceedings, file with it a signed author isation for inser tion in the files. 
4. Where there is more than one applicant or more than one third party acting in common, a common representative 
shall be appointe d. 
Article 120 
Professiona l representatives 
1. Representation of natural or legal persons before the Office may only be under take n by: 
(a)  a legal practitioner qualif ied in one of the Member States of the European Economic Area and having his place of 
business within the European Economic Area, to the exte nt that he is entitled, within the said Member State, to act 
as a representative in trade mark matt ers; 
(b)  professional representatives whose names appear on the list maintained for this purpose by the Office. 
Representatives acting before the Offi ce shall, at the request of the Office or, where appropr iate, of the other party to 
the proceedings, file with it a signed author isation for inser tion on the files. 
2. Any natural person who fulfils the following conditions may be entered on the list of professional representatives: 
(a)  being a national of one of the Member States of the European Economic Area; 16.6.2017 L 154/52 Official Jour nal of the European Union EN     (b)  having his place of business or emplo yment in the European Economic Area; 
(c)  being entitled to represent natural or legal persons in trade mark matte rs before the Benelux Office for Intellectua l 
Proper ty or before the central industr ial proper ty office of a Member State of the European Economic Area. Where, 
in the State concer ned, the entitlement is not conditional upon the requirement of special profess ional qualifications, 
persons applying to be entered on the list who act in trade mark matte rs before the Benelux Office for Intellectual 
Proper ty or those central industr ial proper ty offices shall have habitually so acte d for at least five years. However , 
persons whose professional qualification to represent natural or legal persons in trade mark matt ers before the 
Benelux Office for Intellectual Proper ty or those central industr ial proper ty offices is officially recognised in 
accordance with the regulations laid down by the State concer ned shall not be required to have exer cised the 
profession. 
3. Entr y shall be effected upon request, accompanied by a certificate furnished by the central industr ial proper ty 
office of the Member State concer ned, indicating that the conditions laid down in paragraph 2 are fulfilled. 
4. The Executive Direct or may grant an exemption from: 
(a)  the requirement in the second senten ce of paragraph 2(c), if the applicant furnishes proof that he has acquired the 
requisite qualifi cation in another way; 
(b)  the requirement set out in paragraph 2(a) in the case of highly qualifi ed profes sionals, provided that the 
requirements set out in paragraph 2(b) and (c) are fulfilled. 
5. A person may be remo ved from the list of professional representatives at his request or when no long er in 
a capacity to represent. The amendments of the list of professional representatives shall be published in the Official 
Jour nal of the Offi ce. 
Article 121 
Delegation of powers 
The Commission is empowered to adopt delegat ed acts in accordance with Article 208 specifying: 
(a)  the conditions and the procedure for the appointment of a common representative as referred to in Article 119(4); 
(b)  the conditions under whic h emplo yees refer red to in Article 119(3) and professional representatives refer red to in 
Article 120(1) shall file with the Offi ce a signed author isation in order to under take representation, and the conte nt 
of that author isation; 
(c)  the circumstances in whic h a person may be remo ved from the list of professional representatives refer red to in 
Article 120(5). 
CHA PTER X 
JURISDICTION AND PROCEDURE IN LEGAL ACTIONS REL ATING TO EU TRADE MARK S 
SECTION 1 
Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil 
and commer cial matters 
Article 122 
Application of Union rules on jurisdiction and the recognition and enforcement of judgments in 
civil and commercial matters 
1. Unless other wise specifi ed in this Regulation, the Union rules on jurisdiction and the recognition and enforcement 
of judgments in civil and commercial matt ers shall apply to proceedings relating to EU trade marks and applications for 
EU trade marks , as well as to proceedings relating to simultaneous and successive actions on the basis of EU trade marks 
and national trade marks . 16.6.2017 L 154/53 Official Jour nal of the European Union EN     2. In the case of proceedings in respect of the actions and claims refer red to in Article 124: 
(a)  Articles 4 and 6, points 1, 2, 3 and 5 of Article 7 and Article 35 of Regulation (EU) No 1215/2012 shall not apply ; 
(b)  Articles 25 and 26 of Regulation (EU) No 1215/2012 shall apply subject to the limitations in Article 125(4) of this 
Regulation; 
(c)  the provisions of Chapt er II of Regulation (EU) No 1215/2012 which are applicable to persons domiciled in 
a Member State shall also be applicable to persons who do not have a domicile in any Member State but have an 
establishment therein. 
3. References in this Regulation to Regulation (EU) No 1215/2012 shall include, where appropr iate, the Agreement 
between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement 
of judgments in civil and commercial matt ers done on 19 October 2005. 
SECTION 2 
Disputes concer ning the infr ingement and validity of EU trade marks 
Article 123 
EU trade mark cour ts 
1. The Member States shall designate in their territories as limite d a number as possible of national cour ts and 
tribunals of first and second instance, whic h shall perform the functions assigned to them by this Regulation. 
2. Any change made in the number , names or territori al jurisdiction of the cour ts included in the list of EU trade 
mark cour ts communicat ed by a Member State to the Commission in accordance with Article 95(2) of Regulation (EC) 
No 207/2009 shall be notified without dela y by the Member State concer ned to the Commission. 
3. The information referred to in paragraph 2 shall be notifi ed by the Commission to the Member States and 
published in the Official Journal of the European Union. 
Article 124 
Jurisdiction over infr ingement and validity 
The EU trade mark cour ts shall have excl usive jurisdiction: 
(a)  for all infringement actions and — if they are permitted under national law — actions in respect of threatened 
infringement relating to EU trade marks ; 
(b)  for actions for declaration of non-infr inge ment, if they are permitted under national law; 
(c)  for all actions brought as a result of acts refer red to in Article 11(2); 
(d)  for counterclaims for revocati on or for a declaration of invalidity of the EU trade mark pursuant to Article 128. 
Article 125 
Inter national jurisdiction 
1. Subject to the provisions of this Regulation as well as to any provisions of Regulation (EU) No 1215/2012 
applicable by virtue of Article 122, proceedings in respect of the actions and claims referred to in Article 124 shall be 
brought in the cour ts of the Member State in whic h the defendant is domiciled or, if he is not domiciled in any of the 
Member States, in which he has an establishment. 
2. If the defendant is neither domiciled nor has an establishment in any of the Member States, such proceedings shall 
be brought in the cour ts of the Member State in which the plaintiff is domiciled or, if he is not domiciled in any of the 
Member States, in which he has an establishment. 16.6.2017 L 154/54 Official Jour nal of the European Union EN     3. If neither the defendant nor the plaintiff is so domiciled or has such an establishment, such proceedings shall be 
brought in the cour ts of the Member State where the Offi ce has its seat. 
4. Notwithstanding the provisions of paragraphs 1, 2 and 3: 
(a)  Article 25 of Regulation (EU) No 1215/2012 shall apply if the parties agree that a diffe rent EU trade mark cour t 
shall have jurisdiction; 
(b)  Article 26 of Regulation (EU) No 1215/2012 shall apply if the defe ndant enters an appearance before a diffe rent 
EU trade mark cour t. 
5. Proceedings in respect of the actions and claims refer red to in Article 124, with the excep tion of actions for 
a declaration of non-infr ingement of an EU trade mark, may also be brought in the cour ts of the Member State in whic h 
the act of infringe ment has been committed or threatened, or in which an act refer red to in Article 11(2) has been 
committed . 
Article 126 
Extent of jurisdiction 
1. An EU trade mark cour t whose jurisdiction is based on Article 125(1) to (4) shall have jurisdiction in respect of: 
(a)  acts of infringement committe d or threate ned within the territory of any of the Member States; 
(b)  acts refer red to in Article 11(2) committed within the territory of any of the Member States. 
2. An EU trade mark cour t whose jurisdiction is based on Article 125(5) shall have jurisdiction only in respect of 
acts committed or threatened within the territory of the Member State in which that cour t is situated. 
Article 127 
Presumption of validity — Def ence as to the mer its 
1. The EU trade mark cour ts shall treat the EU trade mark as valid unless its validity is put in issue by the defendant 
with a counterclaim for revocation or for a declaration of invalidity . 
2. The validity of an EU trade mark may not be put in issue in an action for a declaration of non-infr inge ment. 
3. In the actions refer red to in points (a) and (c) of Article 124, a plea relating to revocati on of the EU trade mark 
submitted other wise than by way of a counte rclaim shall be admissible where the defendant claims that the EU trade 
mark could be revok ed for lack of genuine use at the time the infringement action was brought. 
Article 128 
Counterclaims 
1. A countercl aim for revocati on or for a declaration of invalidity may only be based on the grounds for revocati on 
or invalidity mentioned in this Regulation. 
2. An EU trade mark cour t shall reject a counte rclaim for revocati on or for a declaration of invalidity if a decision 
take n by the Office relating to the same subject matt er and cause of action and involving the same parties has already 
become final. 
3. If the countercl aim is brought in a lega l action to whic h the propr ietor of the trade mark is not already a party, he 
shall be informed thereof and may be joined as a party to the action in accordance with the conditions set out in 
national law. 16.6.2017 L 154/55 Official Jour nal of the European Union EN     4. The EU trade mark cour t with which a count erclaim for revocati on or for a declaration of invalidity of the 
EU trade mark has been filed shall not proceed with the examination of the countercl aim, until either the interested 
party or the cour t has informed the Offi ce of the date on whic h the counte rclaim was filed. The Office shall record that 
information in the Regist er. If an application for revocation or for a declaration of invalidity of the EU trade mark had 
already been filed before the Office before the counterclaim was filed, the cour t shall be informed thereof by the Offi ce 
and stay the proceedings in accordance with Article 132(1) until the decision on the application is final or the 
application is withdra wn. 
5. Article 64(2) to (5) shall apply . 
6. Where an EU trade mark cour t has given a judgment which has become final on a counterclaim for revocati on or 
for a declaration of invalidity of an EU trade mark, a copy of the judgment shall be sent to the Offi ce without dela y, 
either by the cour t or by any of the parties to the national proceedings. The Office or any other inter ested party may 
request information about such transmission. The Offi ce shall mention the judgment in the Registe r and shall take the 
necessar y measures to compl y with its operative part. 
7. The EU trade mark cour t hear ing a counte rclaim for revocation or for a declaration of invalidity may stay the 
proceedings on application by the propr ietor of the EU trade mark and after hear ing the other parties and may request 
the defendant to submit an application for revocati on or for a declaration of invalidity to the Office within a time limit 
whic h it shall determine. If the application is not made within the time limit, the proceedings shall continue; the 
counte rclaim shall be deemed withdrawn. Article 132(3) shall apply . 
Article 129 
Applicable law 
1. The EU trade mark cour ts shall apply the provisions of this Regulation. 
2. On all trade mark matte rs not covered by this Regulation, the relevant EU trade mark cour t shall apply the 
applicable national law. 
3. Unless other wise provided for in this Regulation, an EU trade mark cour t shall apply the rules of procedure 
governing the same type of action relating to a national trade mark in the Member State in which the cour t is located. 
Article 130 
Sanctions 
1. Where an EU trade mark cour t finds that the defendant has infringed or threatened to infringe an EU trade mark, 
it shall, unless there are special reasons for not doing so, issue an order prohibiting the defendant from proceeding with 
the acts whic h infringed or would infringe the EU trade mark. It shall also take such measures in accordance with its 
national law as are aimed at ensur ing that this prohibition is compl ied with. 
2. The EU trade mark cour t may also apply measures or orders available under the applicable law which it deems 
appropr iate in the circumstances of the case. 
Article 131 
Provisional and protectiv e measures 
1. Application may be made to the cour ts of a Member State, including EU trade mark cour ts, for such provisional, 
including protective, measures in respect of an EU trade mark or EU trade mark application as may be available under 
the law of that State in respect of a national trade mark, even if, under this Regulation, an EU trade mark cour t of 
another Member State has jurisdiction as to the substance of the matter . 16.6.2017 L 154/56 Official Jour nal of the European Union EN     2. An EU trade mark cour t whose jurisdiction is based on Article 125(1), (2), (3) or (4) shall have jurisdiction to 
grant provisional and protective measures whic h, subject to any necessar y procedure for recognition and enforcement 
pursuant to Chapt er III of Regulation (EU) No 1215/2012, are applicable in the territory of any Member State. No other 
cour t shall have such jurisdiction. 
Article 132 
Specif ic rules on related actions 
1. An EU trade mark cour t hear ing an action refer red to in Article 124 other than an action for a declaration of non- 
infringemen t shall, unless there are special grounds for continuing the hear ing, of its own motion after hear ing the 
parties or at the request of one of the parties and after hear ing the other parties, stay the proceedings where the validity 
of the EU trade mark is already in issue before another EU trade mark cour t on account of a counterclaim or where an 
application for revocati on or for a declaration of inva lidity has already been filed at the Office. 
2. The Offi ce, when hear ing an application for revocati on or for a declaration of invalidity shall, unless there are 
special grounds for continuing the hear ing, of its own motion after hear ing the parties or at the request of one of the 
parties and after hear ing the other parties, stay the proceedings where the validity of the EU trade mark is already in 
issue on account of a count erclaim before an EU trade mark cour t. However , if one of the parties to the proceedings 
before the EU trade mark cour t so requests, the cour t may, after hear ing the other parties to these proceedings, stay the 
proceedings. The Offi ce shall in this instance continue the proceedings pending before it. 
3. Where the EU trade mark cour t stays the proceedings it may order provisional and prot ective measures for the 
duration of the stay. 
Article 133 
Jurisdiction of EU trade mark cour ts of second inst ance — Further appeal 
1. An appeal to the EU trade mark cour ts of second instance shall lie from judgments of the EU trade mark cour ts of 
first instance in respect of proceedings arising from the actions and claims referred to in Article 124. 
2. The conditions under which an appeal may be lodged with an EU trade mark cour t of second instance shall be 
determined by the national law of the Member State in which that cour t is locat ed. 
3. The national rules concer ning further appeal shall be applicable in respect of judgments of EU trade mark cour ts 
of second instance. 
SECTION 3 
Other disputes concer ning EU trade marks 
Article 134 
Supplementar y provisions on the jurisdiction of national cour ts other than EU trade mark cour ts 
1. Within the Member State whose cour ts have jurisdiction under Article 122(1) those cour ts shall have jurisdiction 
for actions other than those refer red to in Article 124, which would have jurisdiction ratione loci and ratione mater iae in 
the case of actions relating to a national trade mark registe red in that State . 
2. Actions relating to an EU trade mark, other than those refer red to in Article 124, for which no cour t has 
jurisdiction under Article 122(1) and paragraph 1 of this Article may be heard before the cour ts of the Member State in 
whic h the Offi ce has its seat. 16.6.2017 L 154/57 Official Jour nal of the European Union EN     Article 135 
Obligation of the national cour t 
A national cour t which is dealing with an action relating to an EU trade mark, other than the action refer red to in 
Article 124, shall treat the EU trade mark as valid. 
CHAPTER XI 
EFFECTS ON THE LAWS OF THE MEMBER STATES 
SECTION 1 
Civil actions on the basis of mor e than one trade mark 
Article 136 
Simultaneous and successiv e civil actions on the basis of EU trade mark s and national trade mark s 
1. Where actions for infringement involving the same cause of action and between the same parties are brought in 
the cour ts of differ ent Member States, one seised on the basis of an EU trade mark and the other seised on the basis of 
a national trade mark: 
(a)  the cour t other than the cour t first seised shall of its own motion decline jurisdiction in favour of that cour t where 
the trade marks concer ned are identical and valid for identical goods or services. The cour t which would be required 
to decline jurisdiction may stay its proceedings if the jurisdiction of the other cour t is contes ted; 
(b)  the cour t other than the cour t first seised may stay its proceedings where the trade marks concer ned are identical 
and valid for similar goods or services and where the trade marks concer ned are similar and valid for identical or 
similar goods or services. 
2. The cour t hear ing an action for infringement on the basis of an EU trade mark shall reject the action if a final 
judgment on the mer its has been given on the same cause of action and between the same parties on the basis of an 
identical national trade mark valid for identical goods or services. 
3. The cour t hear ing an action for infringement on the basis of a national trade mark shall reject the action if a final 
judgment on the mer its has been given on the same cause of action and between the same parties on the basis of an 
identical EU trade mark valid for identical goods or services. 
4. Paragraphs 1, 2 and 3 shall not apply in respect of provisional, including prote ctive, measures. 
SECTION 2 
Application of national laws for the purpose of prohibiting the use of EU trade marks 
Article 137 
Prohibition of use of EU trade marks 
1. This Regulation shall, unless other wise provided for, not affect the right existing under the laws of the 
Member State s to invoke claims for infringement of earlier rights within the meaning of Article 8 or Article 60(2) in 
relation to the use of a later EU trade mark. Claims for infringement of earlier rights within the meaning of Article 8(2) 
and (4) may, however , no long er be invoked if the propr ietor of the earlier right may no long er apply for a declaration 
that the EU trade mark is invalid in accordance with Article 61(2). 
2. This Regulation shall, unless other wise provided for, not affect the right to bring proceedings under the civil, 
administrative or criminal law of a Member State or under provisions of Union law for the purpose of prohibiting the 
use of an EU trade mark to the extent that the use of a national trade mark may be prohibit ed under the law of that 
Member State or under Union law. 16.6.2017 L 154/58 Official Jour nal of the European Union EN     Article 138 
Prior rights applicable to particular localities 
1. The propr ietor of an earlier right which only applies to a particular locality may oppose the use of the EU trade 
mark in the territory where his right is prot ected in so far as the law of the Member State concer ned so permits. 
2. Paragraph 1 shall cease to apply if the propr ietor of the earlier right has acquiesced in the use of the EU trade 
mark in the territory where his right is protect ed for a period of five successive years, being awar e of such use, unless 
the EU trade mark was applied for in bad faith. 
3. The propr ietor of the EU trade mark shall not be entitled to oppose use of the right refer red to in paragraph 1 
even though that right may no long er be invoked against the EU trade mark. 
SECTION 3 
Conv ersion into a national trade mark application 
Article 139 
Request for the application of national procedure 
1. The applicant for or propr ietor of an EU trade mark may request the conver sion of his EU trade mark application 
or EU trade mark into a national trade mark application: 
(a)  to the extent that the EU trade mark application is refused, withdra wn, or deemed to be withdrawn; 
(b)  to the extent that the EU trade mark ceases to have effect. 
2. Conv ersion shall not take place: 
(a)  where the rights of the propr ietor of the EU trade mark have been revok ed on the grounds of non-use, unless in the 
Member State for whic h conversion is request ed the EU trade mark has been put to use which would be considered 
to be genuine use under the laws of that Member State ; 
(b)  for the purpose of protection in a Member State in whic h, in accordance with the decision of the Offi ce or of the 
national cour t, grounds for refusal of registration or grounds for revocati on or invalidity apply to the EU trade mark 
application or EU trade mark. 
3. The national trade mark application resulting from the conversion of an EU trade mark application or an EU trade 
mark shall enjo y in respect of the Member State concer ned the date of filing or the date of priority of that application 
or trade mark and, where appropr iate, the senior ity of a trade mark of that State claimed under Articles 39 or 40. 
4. In cases where an EU trade mark application is deemed to be withdrawn, the Office shall send to the applicant 
a communication fixing a period of three months from the date of that communication in which a request for 
conver sion may be filed. 
5. Where the EU trade mark application is withdra wn or the EU trade mark ceases to have effect as a result of 
a surrender being recorded or of failure to renew the registration, the request for conversion shall be filed within three 
months of the date on whic h the EU trade mark application has been withdra wn or on which the EU trade mark ceases 
to have effect. 
6. Where the EU trade mark application is refused by decision of the Office or where the EU trade mark ceases to 
have effect as a result of a decision of the Office or of an EU trade mark cour t, the request for conver sion shall be filed 
within three months of the date on which that decision acquired the author ity of a final decision. 
7. The effect refer red to in Article 37 shall lapse if the request is not filed in due time. 16.6.2017 L 154/59 Official Jour nal of the European Union EN     Article 140 
Submission, publication and transmission of the request for conv ersion 
1. A request for conversion shall be filed with the Office within the relevant period pursuant to Article 139(4), (5) 
or (6), and shall include an indication of the grounds for convers ion in accordance with Article 139(1)(a) or (b), the 
Member State s in respect of which conversion is request ed, and the goods and services subject to conversion. Where 
conver sion is requested following a failure to renew the registration, the period of three months provided for in 
Article 139(5) shall begin to run on the day following the last day on which the request for renewal can be present ed 
pursuant to Article 53(3). The request for conver sion shall not be deemed to be filed until the conversion fee has been 
paid. 
2. Where the request for conversion relates to an EU trade mark application whic h has already been published or 
where the request for convers ion relat es to an EU trade mark, receipt of any such request shall be recorded in the 
Regist er and the request for conver sion shall be published. 
3. The Office shall chec k whether the convers ion request ed fulfils the conditions set out in this Regulation, in 
particular Article 139(1), (2), (4), (5) and (6), and paragraph 1 of this Article, together with the formal conditions 
specified in the implementing act adopt ed pursuant to paragraph 6 of this Article. If the conditions governing the 
request are not fulfilled, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied 
within a period to be specifi ed by the Offi ce, the Offi ce shall reject the request for conversion. Where Article 139(2) 
applies, the Office shall reject the request for conversion as inadmissible only with respect to those Member State s for 
whic h conver sion is excl uded under that provision. Where the conver sion fee has not been paid within the relevant 
period of three months pursuant to Article 139(4), (5) or (6), the Offi ce shall inform the applicant that the request for 
conver sion is deemed not to have been filed. 
4. If the Offi ce or an EU trade mark cour t has refused the EU trade mark application or has declared the EU trade 
mark invalid on absolute grounds by reference to the language of a Member State, conversion shall be excl uded under 
Article 139(2) for all the Member State s in which that languag e is one of the official language s. If the Offi ce or an 
EU trade mark cour t has refused the EU trade mark application or has declared the EU trade mark invalid on absolute 
grounds which are found to apply throughout the Union or on account of an earlier EU trade mark or other Union 
industr ial proper ty right, conver sion shall be excl uded under Article 139(2) for all Member States. 
5. Where the request for convers ion compl ies with the requirements referred to in paragraph 3 of this Article, the 
Offi ce shall transmit the request for conversion and the data refer red to in Article 111(2) to the central industr ial 
proper ty office s of the Member States, including the Benelux Offi ce for Intellectual Proper ty, for which the request has 
been found admissible. The Offi ce shall inform the applicant of the date of transmission. 
6. The Commission shall adopt implementing acts specifying: 
(a)  the details to be contained in 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 paragraph 1; 
(b)  the details whic h are to be contained in the publication of the request for conversion pursuant to paragraph 2. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to in Article 207(2). 
Article 141 
Formal requirements for conv ersion 
1. Any central industr ial proper ty office to which the request for conversion is transmitted may obtain from the 
Offi ce any additional information concer ning the request enabling that office to make a decision regar ding the national 
trade mark resulting from the conversion. 
2. An EU trade mark application or an EU trade mark transmitted in accordance with Article 140 shall not be subject 
to formal requirements of national law whic h are differ ent from or additional to those provided for in this Regulation or 
in acts adopt ed pursuant to this Regulation. 16.6.2017 L 154/60 Official Jour nal of the European Union EN     3. Any central industr ial proper ty office to which the request is transmitte d may require that the applicant shall, 
within not less than two months: 
(a)  pay the national application fee; 
(b)  file a translation in one of the official language s of the State in question of the request and of the documents 
accompan ying it; 
(c)  indicate an address for service in the State in question; 
(d)  supply a representation of the trade mark in the number of copies specifi ed by the State in question. 
CHAPTER XII 
THE OFFICE 
SECTION 1 
Gener al provisions 
Article 142 
Legal status 
1. The Office shall be an agency of the Union. It shall have legal personality . 
2. In each of the Member States the Offi ce shall enjo y the most extensive legal capacity accorded to legal persons 
under their laws; it may, in particular , acquire or dispose of movable and immo vable proper ty and may be a party to 
legal proceedings. 
3. The Office shall be represent ed by its Executive Direct or. 
Article 143 
Staff 
1. The Staff Regulations, the Conditions of Emplo yment and the rules adopt ed by agreement between the institutions 
of the Union for giving effect to those Staff Regulations and Conditions of Emplo yment shall apply to the staff of the 
Offi ce, without prejudice to the application of Article 166 of this Regulation to the members of the Boards of Appeal. 
2. Without prejudice to paragraph 1, the Offi ce may make use of seconded national exper ts or other staff not 
emplo yed by the Office. The Management Board shall adopt a decision laying down rules on the secondment to the 
Offi ce of national exper ts. 
Article 144 
Privileges and immunities 
The Protocol on the Privileges and Immunities of the Union shall apply to the Offi ce and its staff. 
Article 145 
Liability 
1. The contractual liability of the Offi ce shall be governed by the law applicable to the contract in question. 
2. The Cour t of Justice shall be compe tent to give judgment pursuant to any arbitration clause contained in 
a contract concluded by the Office. 16.6.2017 L 154/61 Official Jour nal of the European Union EN     3. In the case of non-contractual liability , the Office shall, in accordance with the general principles common to the 
laws of the Member States, mak e good any damage caused by its depar tments or by its servants in the performa nce of 
their duties. 
4. The Cour t of Justice shall have jurisdiction in dispute s relating to compen sation for the damag e refer red to in 
paragraph 3. 
5. The personal liability of its servants towards the Office shall be governed by the provisions laid down in the Staff 
Regulations or in the Conditions of Emplo yment applicable to them. 
Article 146 
Languages 
1. The application for an EU trade mark shall be filed in one of the official languages of the Union. 
2. The languages of the Offi ce shall be English, French, German, Italian and Spanish. 
3. The applicant shall indicate a second language whic h shall be a languag e of the Offi ce the use of which he accepts 
as a possible languag e of proceedings for opposition, revocati on or invalidity proceedings. 
If the application was filed in a languag e which is not one of the languag es of the Office, the Offi ce shall arrange to 
have the application, as descr ibed in Article 31(1), translat ed into the languag e indicate d by the applicant. 
4. Where the applicant for an EU trade mark is the sole party to proceedings before the Offi ce, the languag e of 
proceedings shall be the languag e used for filing the application for an EU trade mark. If the application was made in 
a languag e other than the languag es of the Offi ce, the Office may send written communications to the applicant in the 
second language indicate d by the applicant in his application. 
5. The notice of opposition and an application for revocati on or a declaration of invalidity shall be filed in one of the 
languag es of the Office. 
6. Without prejudice to paragraph 5: 
(a)  any application or declaration relating to an EU trade mark application may be filed in the languag e used for filing 
the application for that EU trade mark or in the second language indicated by the applicant in his application; 
(b)  any application or declaration relating to a registered EU trade mark may be filed in one of the languag es of the 
Offi ce. 
However , when the application is filed by using any form provided by the Offi ce as referred to in Article 100(2), such 
forms may be used in any of the official languag es of the Union, provided that the form is compl eted in one of the 
languag es of the Office, as far as textual elements are concer ned. 
7. If the languag e chosen, in accordance with paragraph 5, for the notice of opposition or the application for 
revocati on or invalidity is the languag e of the application for a trade mark or the second languag e indicated when the 
application was filed, that language shall be the language of the proceedings. 
If the language chosen, in accordance with paragraph 5, for the notice of opposition or the application for revocati on or 
invalidity is neither the languag e of the application for a trade mark nor the second languag e indicated when the 
application was filed, the opposing party or the party seeking revocat ion or invalidity shall be required to produce, at 
his own expense, a translation of his application either into the languag e of the application for a trade mark, provided 
that it is a languag e of the Office, or into the second languag e indicated when the application was filed. The translation 
shall be produced within one month of the expir y of the opposition period or of the date of filing an application for 
revocati on or a declaration of invalidity . The languag e into whic h the application has been translated shall then become 
the language of the proceedings. 
8. Parties to opposition, revocation, invalidity or appeal proceedings may agree that a different official language of 
the Union is to be the language of the proceedings. 16.6.2017 L 154/62 Official Jour nal of the European Union EN     9. Without prejudice to paragraphs 4 and 8, and unless provided other wise, in written proceedings before the Offi ce 
any party may use any language of the Office. If the languag e chosen is not the languag e of the proceedings, the party 
shall supply a translation into that language within one month of the date of the submission of the original document. 
Where the applicant for an EU trade mark is the sole party to proceedings before the Offi ce and the language used for 
the filing of the application for the EU trade mark is not one of the languag es of the Offi ce, the translation may also be 
filed in the second language indicated by the applicant in his application. 
10. The Executive Direct or shall deter mine the manner in which translations are to be certified. 
11. The Commission shall adopt implementing acts specifying: 
(a)  the extent to whic h suppor ting documents to be used in written proceedings before the Offi ce may be filed in any 
language of the Union, and the need to supply a translation; 
(b)  the requisite standards of translations to be filed with the Offi ce. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to Article 207(2). 
Article 147 
Publication and entr ies in the Regis ter 
1. An application for an EU trade mark, as descr ibed in Article 31(1), and all other information the publication of 
whic h is prescr ibed by this Regulation or an act adopt ed pursuant to this Regulation, shall be published in all the official 
languag es of the Union. 
2. All entr ies in the Registe r shall be made in all the official languag es of the Union. 
3. In cases of doubt, the text in the languag e of the Offi ce in whic h the application for the EU trade mark was filed 
shall be authentic. If the application was filed in an official language of the Union other than one of the languages of 
the Offi ce, the text in the second language indicated by the applicant shall be authentic. 
Article 148 
Translation services 
The translation services required for the functioning of the Offi ce shall be provided by the Translation Centre for the 
Bodies of the European Union. 
Article 149 
Transparency 
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council (1) shall apply to documents held 
by the Office. 
2. The Management Board shall adopt detailed rules for applying Regulation (EC) No 1049/2001. 
3. Decisions taken by the Offi ce under Article 8 of Regulation (EC) No 1049/2001 may be challeng ed through the 
European Ombudsman or form the subject of an action before the Cour t of Justice of the European Union, under the 
conditions laid down in Articles 228 and 263 TFEU respectively . 16.6.2017 L 154/63 Official Jour nal of the European Union EN     
(1)Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European 
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). 4. The processing of personal data by the Offi ce shall be subject to Regulation (EC) No 45/2001 of the European 
Parliament and of the Council (1). 
Article 150 
Secur ity rules on the protection of classif ied and sensitiv e non-classif ied information 
The Office shall apply the secur ity principles contained in the Commission's secur ity rules for prote cting European 
Union Classified Information (EUCI) and sensitive non-classif ied information, as set out in Commission Decisions (EU, 
Eurat om) 2015/443 (2) and 2015/444 (3). The secur ity principles shall cover, inter alia, provisions for the exchange , 
processing and storag e of such information. 
SECTION 2 
Tasks of the office and cooper ation to promote conv ergence 
Article 151 
Tasks of the Office 
1. The Office shall have the following tasks: 
(a)  administration and promotion of the EU trade mark system established in this Regulation; 
(b)  administration and promotion of the European Union design system established in Council Regulation (EC) 
No 6/2002 (4); 
(c)  promoting converg ence of practices and tools in the fields of trade marks and designs, in cooperation with the 
central industr ial proper ty office s in the Member States, including the Benelux Offi ce for Intellectual Proper ty; 
(d)  the tasks refer red to in Regulation (EU) No 386/2012 of the European Parliament and of the Council (5); 
(e)  the tasks conferr ed on it under Directive 2012/28/EU of the European Parliament and of the Council (6). 
2. The Office shall cooperate with institutions, author ities, bodies, industr ial proper ty office s, internati onal and non- 
governmental orga nisations in relation to the task s conferr ed on it in paragraph 1. 
3. The Offi ce may provide volun tary mediation services for the purpose of assisting parties in reaching a friendly 
settlement. 
Article 152 
Cooperation to promote conv ergence of practices and tools 
1. The Offi ce and the central industr ial proper ty offices of the Member States and the Benelux Office for Intellectual 
Proper ty shall cooperat e with each other to promote converg ence of practices and tools in the field of trade marks and 
designs. 16.6.2017 L 154/64 Official Jour nal of the European Union EN     
(1)Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with 
regar d to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 
12.1.2001, p. 1). 
(2)Commission Decision (EU, Eurato m) 2015/443 of 13 March 2015 on Secur ity in the Commission (OJ L 72, 17.3.2015, p. 41). 
(3)Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the secur ity rules for protecting EU classified information  
(OJ L 72, 17.3.2015, p. 53). 
(4)Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1). 
(5)Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 Apr il 2012 on entr usting the Offi ce for Harmoni ­
zation in the Intern al Mark et (Trade Marks and Designs) with tasks relate d to the enforcement of intellectual proper ty rights, including 
the assembling of public and private-sect or representatives as a European Obser vato ry on Infringements of Intellectual Proper ty Rights  
(OJ L 129, 16.5.2012, p. 1). 
(6)Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works  
(OJ L 299, 27.10.2012, p. 5). Without prejudice to paragraph 3, this cooperation shall in particular cover the following areas of activity: 
(a)  the development of common examination standards; 
(b)  the creation of common or connected databases and portals for Union-wide consultation, searc h and classificat ion 
purposes; 
(c)  the continuous provision and exchange of data and information, including for the purposes of feeding of the 
databases and portals refer red to in point (b); 
(d)  the establishment of common standards and practices, with a view to ensur ing inter operability between procedures 
and system s throughout the Union and enhancing their consist ency , efficiency and effectiveness; 
(e)  the shar ing of information on industr ial proper ty rights and procedures, including mutual suppor t to helpdesks and 
information centres; 
(f)  the exchang e of technical exper tise and assistance in relation to the areas refer red to in points (a) to (e). 
2. On the basis of a proposal by the Executive Director , the Management Board shall define and coordinate projects 
of inter est to the Union and the Member State s with regard to the areas refer red to in paragraphs 1 and 6, and shall 
invite the central industr ial proper ty office s of the Member State s and the Benelux Office for Intellectual Proper ty to 
participat e in those projects. 
The project definit ion shall contain the specif ic obligations and responsibilities of each participating industr ial proper ty 
office of the Member State s, the Benelux Office for Intellectual Proper ty and the Office. The Offi ce shall consult with 
user representatives in particular in the phases of definition of the projects and evaluation of their results. 
3. The central industr ial proper ty offices of the Member State s and the Benelux Offi ce for Intellectual Proper ty may 
opt out of, restr ict or temporar ily suspend their cooperation in the projects refer red to in the first subparagraph of 
paragraph 2. 
When making use of the possibilities provided for in the first subparagraph, the central industr ial proper ty offices of the 
Member States and the Benelux Office for Intellectual Proper ty shall provide the Office with a written statement 
explaining the reasons for their decision. 
4. Once having committed to participate in certain projects, the central industr ial proper ty offices of the 
Member States and the Benelux Office for Intellectual Proper ty shall, without prejudice to paragraph 3, participate 
effectively in the projects refer red to in paragraph 2 with a view to ensur ing that they are developed, function, are inter ­
operable and kept up to date . 
5. The Offi ce shall provide financia l suppor t to the projects refer red to in paragraph 2 to the extent that is necessar y 
in order to ensure, for the purposes of paragraph 4, the effective participation of the central industr ial proper ty offices 
of the Member States and the Benelux Office for Intellectual Proper ty in those projects. That financia l suppor t may take 
the form of grants and in-kind contr ibutions. The total amount of funding shall not exceed 15 % of the yearly revenue 
of the Office. The beneficiar ies of grants shall be the central industr ial proper ty office s of the Member States and the 
Benelux Offi ce for Intellectual Proper ty. Grants may be awarded without calls for proposals in accordance with the 
financia l rules applicable to the Office and with the principles of grant procedures contained in Regulation (EU, 
Eurat om) No 966/2012 of the European Parliament and of the Council (1) and in Commission Deleg ated Regulation  
(EU) No 1268/2012 (2). 
6. The Offi ce and the relevant compet ent author ities of the Member States shall cooperat e with each other on 
a volun tary basis to promote the raising of awareness concer ning the trade mark syste m and the fight against counte r­
feiting. Such cooperation shall include projects aiming, in particular , at the implementation of established standards and 
practices as well as at organising education and training activities. The financial suppor t for those projects shall be part 
of the total amount of funding refer red to in paragraph 5. Paragraphs 2 to 5 shall apply mutatis mutandis. 16.6.2017 L 154/65 Official Jour nal of the European Union EN     
(1)Regulation (EU, Eurato m) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules 
applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom ) No 1605/2002 (OJ L 298, 26.10.2012, 
p. 1). 
(2)Commission Delegat ed Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) 
No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union  
(OJ L 362, 31.12.2012, p. 1). SECTION 3 
Manag ement Boar d 
Article 153 
Functions of the Management Board 
1. Without prejudice to the functions attributed to the Budget Committ ee in Section 6, the Management Board shall 
have the following functions: 
(a)  on the basis of a draf t submitted by the Executive Director in accordance with Article 157(4)(c), adopt ing the 
annual work programme of the Office for the coming year, taking into account the opinion of the Commission, 
and forwarding the adopt ed annual work programme to the European Parliament, to the Council and to 
the Commission; 
(b)  on the basis of a draf t submitted by the Executive Direct or in accordance with Article 157(4)(e) and taking into 
account the opinion of the Commission, adopting a multiannual strateg ic programme for the Offi ce, including the 
Offi ce's strategy for international cooperation, following an exchange of views between the Executive Director and 
the relevant committee in the European Parliament, and forwarding the adopt ed multiannual strateg ic programme 
to the European Parliament, to the Council and to the Commission; 
(c)  on the basis of a draf t submitted by the Executive Director in accordance with Article 157(4)(g), adopting the 
annual repor t and forwarding the adopt ed annual repor t to the European Parliament, to the Council, to the 
Commission and to the Cour t of Aud itors; 
(d)  on the basis of a draf t submitted by the Executive Direct or in accordance with Article 157(4)(h), adopting the 
multiannual staff policy plan; 
(e)  exer cising the powers confe rred on it under Article 152(2); 
(f)  exer cising the powers confe rred on it under Article 172(5); 
(g)  adopting rules on the prevention and manage ment of conf licts of inter est in the Office; 
(h)  in accordance with paragraph 2, exercising, with respect to the staff of the Offi ce, the powers conferred by the Staff 
Regulations on the Appointing Author ity and by the Conditions of Emplo yment on the Author ity Empo wered to 
Conclude Contracts of Emplo yment (‘the appointing author ity powers’ ); 
(i)  adopting appropr iate imple menting rules to give effect to the Staff Regulations and the Conditions of Emplo yment 
in accordance with Article 110 of the Staff Regulations; 
(j)  drawing up the list of candidates provided for in Article 158(2); 
(k)  ensur ing adequate follow-up to the findings and recommendations stemming from the intern al or exte rnal audit 
repor ts and evaluations referred to in Article 210, as well as from inve stigations of the European Anti-fraud Office  
(OLAF); 
(l)  being consult ed before adoption of the guidelines for examination in the Office and in the other cases provided for 
in this Regulation; 
(m)  providing opinions and requests for information to the Executive Direct or and to the Commission where it 
considers it necessar y. 
2. The Manag ement Board shall adopt , in accordance with Article 110 of the Staff Regulations and Article 142 of the 
Conditions of Emplo yment, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions 
of Emplo yment, delegating the relevant appointing author ity powers to the Executive Director and defining the 
conditions under whic h that delegatio n of appointing author ity powers can be suspended. 
The Executive Direct or shall be author ised to sub-delegat e those powers. 
Where excep tional circumstances so require, the Managem ent Board may, by way of a decision, temporar ily suspend the 
delegatio n of the appointing author ity powers to the Executive Direct or and those sub-deleg ated by the latte r, and 
exer cise them itself or delegat e them to one of its members or to a staff member other than the Executive Director . 16.6.2017 L 154/66 Official Jour nal of the European Union EN     Article 154 
Composition of the Management Board 
1. The Manag ement Board shall be composed of one representative of each Member State , two representatives of the 
Commission and one representative of the European Parliament, and their respective alternates. 
2. The members of the Management Board may, subject to its rules of procedure, be assisted by advisers or exper ts. 
Article 155 
Chair person of the Management Board 
1. The Managem ent Board shall elect a chair person and a deputy chair person from among its members. The deputy 
chair person shall ex officio replace the chair person in the event of his being prevented from attending to his duties. 
2. The duration of the term s of office of the chair person and the deputy chair person shall be four years. The term s of 
office shall be renewable once. If, however , their membership of the Management Board ends at any time during their 
term of office , their term of office shall automatical ly expire on that date also. 
Article 156 
Meetings 
1. Meetings of the Manage ment Board shall be conven ed by its chair person. 
2. The Executive Direct or shall take part in the deliberations, unless the Managem ent Board decides other wise. 
3. The Manage ment Board shall hold an ordinar y meeting at least once a year. In addition, it shall meet on the 
initiative of its chair person or at the request of the Commission or of one-third of the Member States. 
4. The Management Board shall adopt rules of procedure. 
5. The Management Board shall take its decisions by an absolute majority of its members. However , a majority of 
two- thirds of its members shall be required for the decisions whic h the Manage ment Board is emp owered to take under 
Article 153(1)(a) and (b), Article 155(1) and Article 158(2) and (4). In both cases each member shall have one vote. 
6. The Management Board may invite obser vers to attend its meetings. 
7. The secretar iat for the Manage ment Board shall be provided by the Offi ce. 
SECTION 4 
Executiv e Director 
Article 157 
Functions of the Executiv e Director 
1. The Office shall be manag ed by the Executive Director . The Executive Director shall be accountable to the 
Manage ment Board. 
2. Without prejudice to the powers of the Commission, the Managem ent Board, and the Budget Committee, the 
Executive Director shall be independent in the performa nce of his duties and shall neither seek nor take instr uctions 
from a government or from any other body . 
3. The Executive Direct or shall be the legal representative of the Office. 
4. The Executive Direct or shall have in particular the following functions, whic h may be delega ted: 
(a)  taking all necessar y steps , including the adoptio n of intern al administrative instr uctions and the publication of 
notices, to ensure the functioning of the Offi ce; 
(b)  implementing the decisions adopt ed by the Management Board; 16.6.2017 L 154/67 Official Jour nal of the European Union EN     (c)  prepar ing a draf t annual work programme indicating estimated human and financial resources for each activity , and 
submitting it to the Managem ent Board after consultation of the Commission; 
(d)  submitting to the Manage ment Board proposals pursuant to Article 152(2); 
(e)  prepar ing a draf t multiannual strategic programme, including the Offi ce's strategy for intern ational cooperation, and 
submitting it to the Managem ent Board after consultation of the Commission and following an exchang e of views 
with the relevant committe e in the European Parliament ; 
(f)  implementing the annual work programme and the multiannual strateg ic programme and repor ting to the 
Managem ent Board on their imple mentation; 
(g)  prepar ing the annual repor t on the Office's activities and presenting it to the Management Board for appro val; 
(h)  prepar ing a draf t multiannual staff policy plan and submitting it to the Managem ent Board after consultation of the 
Commission; 
(i)  prepar ing an action plan following-up on the conclusions of the internal or exte rnal audit repor ts and evaluations, 
as well as following up on the inve stigations of the OLAF, and repor ting on progress twice a year to the 
Commission and to the Manage ment Board; 
(j)  prote cting the financial interests of the Union by the application of preventive measures against fraud, corruption 
and any other illegal activities, by effective checks and, if irregular ities are detec ted, by reco vering amounts wrong ly 
paid and, where appropr iate, by imposing effective, propor tionat e and dissuasive administrative and financia l 
penalties; 
(k)  prepar ing an anti-fraud strateg y for the Offi ce and presenting it to the Budget Committ ee for appro val; 
(l)  in order to ensure unif orm application of the Regulation, referring, where appropr iate, to the enlarg ed Board of 
Appeal (‘the Grand Board’) questions on a point of law, in particular if the Boards of Appeal have issued diverging 
decisions on the point ; 
(m)  drawing up estimates of the revenue and expenditure of the Offi ce and implemen ting the budget; 
(n)  exer cising the powers entr uste d to him in respect of staff by the Management Board under Article 153(1)(h); 
(o)  exer cising the powers conferred on him under Articles 31(3), 34(5), 35(3), 94(2), 97(5), Articles 98, 100, 101, 
Articles 111(4), 112(3), 114(5), Articles 115, 116, Articles 120(4), 146(10), Article 178, Articles 179(1) 
and 180(2), and Article 181 in accordance with the criteria set out in this Regulation and in the acts adopt ed 
pursuant to this Regulation. 
5. The Executive Director shall be assiste d by one or more Deputy Executive Direct ors. If the Executive Director is 
absent or indisposed, the Deputy Executive Director or one of the Deputy Executive Direct ors shall replace him in 
accordance with the procedure laid down by the Management Board. 
Article 158 
Appointment and remo val of the Executiv e Director and extension of term of office 
1. The Executive Direct or shall be engag ed as a temporar y agent of the Office under Article 2(a) of the Conditions of 
Emplo yment. 
2. The Executive Direct or shall be appointed by the Council by simple majority, from a list of candidates proposed by 
the Manage ment Board, following an open and transparent selection procedure. Before being appoint ed, the candidate 
select ed by the Manage ment Board may be invit ed to make a statement before any compet ent European Parliament 
committee and to answer questions put by its members. For the purpose of concluding the contract with the Executive 
Direct or, the Office shall be represente d by the chair person of the Managem ent Board. 
The Executive Direct or may be remo ved from office only upon a decision of the Council acting on a proposal from the 
Manage ment Board. 
3. The term of office of the Executive Direct or shall be five years. By the end of that period, the Management Board 
shall under take an assessment which takes into account an evaluation of the perf ormance of the Executive Direct or and 
the Offi ce's future tasks and challeng es. 16.6.2017 L 154/68 Official Jour nal of the European Union EN     4. The Council, taking into account the assessment referred to in paragraph 3, may extend the term of office of the 
Executive Director once and for no more than five years. 
5. An Executive Direct or whose term of office has been extended may not participate in another selection procedure 
for the same post at the end of his overall term of office. 
6. The Deputy Executive Director or Deputy Executive Direct ors shall be appointe d or remo ved from office as 
provided for in paragraph 2, after consultation of the Executive Director and, where applicable, the Executive Direct or- 
elect. The term of office of the Deputy Executive Direct or shall be five years. It may be extended once and for no more 
than five years by the Council, after consultation of the Executive Director . 
SECTION 5 
Implementation of procedur es 
Article 159 
Competence 
For taking decisions in connection with the procedures laid down in this Regulation, the following shall be compe tent: 
(a)  examiners; 
(b)  Opposition Divisions; 
(c)  a depar tment in charge of the Regist er; 
(d)  Cancellation Divisions; 
(e)  Boards of Appeal; 
(f)  any other unit or person appointe d by the Executive Direct or to that effect. 
Article 160 
Examiners 
An examiner shall be responsible for taking decisions on behalf of the Offi ce in relation to an application for 
registration of an EU trade mark, including the matte rs referred to in Articles 41, 42, 76 and 85, excep t in so far as an 
Opposition Division is responsible. 
Article 161 
Opposition Divisions 
1. An Opposition Division shall be responsible for taking decisions on an opposition to an application to register an 
EU trade mark. 
2. The decisions of the Opposition Divisions shall be taken by three-member groups. At least one member shall be 
legally qualified. Decisions relating to costs or to procedures shall be taken by a sing le member . 
The Commission shall adopt implementing acts specifying the exact types of decisions that are to be taken by a sing le 
member . Those implementing acts shall be adopt ed in accordance with the examination procedure refer red to in 
Article 207(2). 
Article 162 
Depar tment in charge of the Register 
1. The Depar tment in charge of the Regist er shall be responsible for taking decisions in respect of entr ies in the 
Regist er. 16.6.2017 L 154/69 Official Jour nal of the European Union EN     2. It shall also be responsible for keeping the list of professional representatives refer red to in Article 120(2). 
3. The decisions of the Depar tment shall be take n by a sing le member . 
Article 163 
Cancellation Divisions 
1. A Cancellation Division shall be responsible for taking decisions in relation to: 
(a)  applications for the revocation or a declaration of invalidity of an EU trade mark; 
(b)  requests for the assignment of an EU trade mark as provided for in Article 21. 
2. The decisions of the Cancellation Divisions shall be taken by three-member groups. At least one member shall be 
legally qualified. Decisions relating to costs or to procedures as specified in the acts adopt ed pursuant to Article 161(2) 
shall be take n by a sing le member . 
Article 164 
General Competence 
Decisions required under this Regulation which do not fall within the compet ence of an examiner , an Opposition 
Division, a Cancellation Division or the Depar tment in charg e of the Registe r, shall be taken by any official or unit 
appointe d by the Executive Direct or for that purpose. 
Article 165 
Boards of Appeal 
1. The Boards of Appeal shall be responsible for deciding on appeals from decisions take n pursuant to Articles 160 
to 164. 
2. The decisions of the Boards of Appeal shall be taken by three members, at least two of whom are legally qualifi ed. 
In certain specifi c cases, decisions shall be taken by the Grand Board chaired by the President of the Boards of Appeal or 
by a sing le member , who shall be legally qualified. 
3. In order to determine the special cases whic h fall under the jurisdiction of the Grand Board, account should be 
take n of the lega l difficulty or the importance of the case or of special circumstances which justify it. Such cases may be 
referred to the Grand Board: 
(a)  by the author ity of the Boards of Appeal referred to in Article 166(4)(a); or 
(b)  by the Board handling the case. 
4. The Grand Board shall also be responsible for giving reasoned opinions on questions of law refer red to it by the 
Executive Director pursuant to Article 157(4)(l). 
5. To deter mine whic h specif ic cases fall under the author ity of a sing le member , account should be take n of the lack 
of difficulty of the legal or factual matte rs raised, the limited impor tance of the individual case or the absence of other 
specific circumstances. The decision to confer a case on one member in the cases refer red to shall be adopt ed by the 
Board handling the case. 
Article 166 
Independence of the members of the Boards of Appeal 
1. The President of the Boards of Appeal and the chair persons of the Boards shall be appointed , in accordance with 
the procedure laid down in Article 158 for the appointment of the Executive Director , for a term of five years. They 
shall not be remo ved from office during this term , unless there are serious grounds for such remo val and the Cour t of 
Justice, on application by the institution whic h appointe d them, takes a decision to this effect. 16.6.2017 L 154/70 Official Jour nal of the European Union EN     2. The term of office of the President of the Boards of Appeal may be extended once for one additional five-year 
period, or until retirement age if this age is reac hed during the new term of office , after a prior positive evaluation of his 
performa nce by the Managem ent Board. 
3. The term of office of the chair persons of the Boards may be extended for additional five-ye ar periods, or until 
retirement age if this age is reached during the new term of office , after a prior positive evaluation of their performa nce 
by the Management Board, and after consulting the President of the Boards of Appeal. 
4. The President of the Boards of Appeal shall have the following manag erial and orga nisational functions: 
(a)  chair ing the Presidium of the Boards of Appeal (‘the Presidium’), responsible for laying down the rules and 
organising the work of the Boards; 
(b)  ensur ing the implementation of the decisions of the Presidium; 
(c)  allocating cases to a Board on the basis of objective criteria determined by the Presidium; 
(d)  forwarding to the Executive Direct or the Boards' expenditure requirements, with a view to drawing up the 
expenditure estimates . 
The President of the Boards of Appeal shall chair the Grand Board. 
5. The members of the Boards of Appeal shall be appointed by the Management Board for a term of five years. Their 
term of office may be extende d for additional five-y ear periods, or until retirement age if that age is reac hed during the 
new term of office after a prior positive evaluation of their performance by the Management Board, and after consulting 
the President of the Boards of Appeal. 
6. The members of the Boards of Appeal shall not be remo ved from office unless there are serious grounds for such 
remo val and the Cour t of Justice, after the case has been refer red to it by the Managem ent Board on the recommen ­
dation of the President of the Boards of Appeal, and after consulting the chair person of the Board to whic h the member 
concer ned belongs, takes a decision to this effect. 
7. The President of the Boards of Appeal and the chair persons and members of the Boards of Appeal shall be 
independent. In their decisions, they shall not be bound by any instr uctions. 
8. Decisions take n by the Grand Board on appeals or opinions on questions of law refer red to it by the Executive 
Direct or pursuant to Article 165 shall be binding on the decision-making instances of the Offi ce listed in Article 159. 
9. The President of the Boards of Appeal and the chair persons and members of the Boards of Appeal shall not be 
examiners or members of the Opposition Divisions, the Depar tment in charg e of the Regist er or Cancellation Divisions. 
Article 167 
Presidium of the Boards of Appeal and Grand Board 
1. The Presidium shall comprise the President of the Boards of Appeal, who shall chair it, the chair men of the Boards 
and Board members elected for each calendar year by and from among all the members of the Boards other than the 
President of the Boards of Appeal and the chair men of the Boards. The number of Board members so elected shall 
constitute a quar ter of the number of Board members, other than the President of the Boards of Appeal and the 
chair men of the Boards, and that number shall be rounded up if necessar y. 
2. The Grand Board referred to in Article 165(2) shall comprise nine members, including the President of the Boards 
of Appeal, the chair men of the Boards, the rappor teur designate d prior to refer ral to the Grand Board, if applicable, and 
members drawn in rotation from a list comprising the names of all members of the Boards of Appeal other than the 
President of the Boards of Appeal and the chair men of the Boards. 16.6.2017 L 154/71 Official Jour nal of the European Union EN     Article 168 
Delegation of powers 
The Commission is empo wered to adopt delegat ed acts in accordance with Article 208 specifying the details concer ning 
the orga nisation of the Boards of Appeal, including the setting up and the role of the Presidium, the compo sition of the 
Grand Board and the rules on referrals to it, and the conditions under which decisions are to be taken by a sing le 
member in accordance with Article 165(2) and (5). 
Article 169 
Exclusion and objection 
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 personal interest therein, or if they have previously been involved as representatives of 
one of the parties. Two of the three members of an Opposition Division shall not have take n part in examining the 
application. Members of the Cancellation Divisions may not take part in any proceedings if they have participat ed in the 
final decision on the case in the proceedings for registration or opposition proceedings. Members of the Boards of 
Appeal may not take part in appeal proceedings if they participated in the decision under appeal. 
2. If, for one of the reasons mentioned in paragraph 1 or for any other reason, a member of a Division or of a Board 
of Appeal considers that he should not take part in any proceedings, he shall inform the Division or Board according ly. 
3. Examiners and members of the Divisions or of a Board of Appeal may be objected to by any party for one of the 
reasons mentioned in paragraph 1, or if suspected of partiality . An objection shall not be admissible if, while being 
aware of a reason for objection, the party has taken a procedural step. No objection may be based upon the nationality 
of examiners or members. 
4. The Divisions and the Boards of Appeal shall decide as to the action to be taken in the cases specifi ed in 
paragraphs 2 and 3 without the participation of the member concer ned. For the purposes of taking this decision the 
member who withdra ws or has been objected to shall be replaced in the Division or Board of Appeal by his alternate. 
Article 170 
Mediation centre 
1. For the purposes of Article 151(3), the Office may establish a Mediation Centre (‘the Centre’). 
2. Any natural or legal person may use the Centre's services on a voluntar y basis with the aim of reach ing a friendly 
settlement of disputes, based on this Regulation or Regulation (EC) No 6/2002, by mutual agreement. 
3. The parties shall have recourse to mediation by means of a joint request. The request shall not be deemed to have 
been filed until the corresponding charg e has been paid. The Executive Director shall fix the amount to be charged in 
accordance with Article 178(1). 
4. In the case of disputes subject to the proceedings pending before the Opposition Divisions, Cancellation Divisions 
or before the Boards of Appeal of the Offi ce a joint request for mediation may be present ed at any time after the 
lodging of a notice of opposition, an application for revocation or an application for a declaration of invalidity or 
a notice of appeal against decisions of the Opposition or Cancellation Divisions. 
5. The proceedings in question shall be suspended and the time periods, other than the time periods for the payment 
of the applicable fee, shall be interr upted as from the date of the filing of a joint request for mediation. The time periods 
shall continue as from the day on whic h the proceedings are resumed. 16.6.2017 L 154/72 Official Jour nal of the European Union EN     6. The parties shall be invited to jointly appoint, from the list referred to in paragraph 12, a mediator who has 
declared that he has a command of the languag e of the mediation in question. Where the parties do not appoint 
a mediat or within 20 days of the invitation to do so, the mediation shall be deemed to have failed. 
7. The parties shall agree together with the mediat or on the detailed arrangements for the mediation in a mediation 
agreement. 
8. The mediat or shall conclude the mediation proceedings as soon as the parties reach a settlement agreement, or 
one of the parties declares that it wishes to end the mediation or the mediator establishes that the parties have failed to 
reac h such an agreement. 
9. The mediat or shall inform the parties as well as the relevant instance of the Offi ce as soon as the mediation 
proceedings have been concluded. 
10. The discussions and negotiations conduct ed within the framew ork of mediation shall be conf idential for all 
persons involved in the mediation, in particular for the mediator , the parties and their representatives. All documents 
and information submitted during the mediation shall be kept separately from, and shall not be part of, the file of any 
other proceedings before the Offi ce. 
11. The mediation shall be conducted in one of the official languag es of the Union to be agreed upon by the parties. 
Where the mediation relates to disputes pending before the Offi ce, the mediation shall be conduct ed in the language of 
the Offi ce proceedings, unless other wise agreed by the parties. 
12. The Office shall establish a list of mediator s who shall suppor t parties in resolving dispute s. The mediators shall 
be independent and possess relevant skills and exper ience. The list may include mediat ors who are emplo yed by the 
Offi ce, and mediat ors who are not so emplo yed. 
13. Mediator s shall be impar tial in the exer cise of their duties and shall declare any real or perceived conf lict of 
inter est upon their designation. Members of the decision-making instances of the Offi ce liste d in Article 159 shall not 
take part in mediation concer ning a case in whic h they have: 
(a)  had any prior involvement in the proceedings referred to mediation; 
(b)  any personal interest in those proceedings; or 
(c)  been previously involved as a representative of one of the parties. 
14. Mediator s shall not take part as members of the decision-making instances of the Offi ce liste d in Article 159 in 
proceedings resumed as a consequence of a mediation failure. 
15. The Office may cooperat e with other recognised national or internatio nal bodies dealing with mediation. 
SECTION 6 
Budg et and financial control 
Article 171 
Budget Committee 
1. The Budget Committ ee shall have the functions assigned to it in this Section. 
2. Articles 154 and 155, Article 156(1) to (4), and (5), in so far as it relates to the election of the chair person and 
deputy chair person, and Article 156(6) and (7) shall apply to the Budge t Committee, mutatis mutandis. 
3. The Budget Committ ee shall take its decisions by an absolute majority of its members. However , a majority of 
two- thirds of its members shall be required for the decisions whic h the Budget Committee is empowered to take under 
Article 173(3) and Article 177. In both cases each member shall have one vote. 
Article 172 
Budget 
1. Estimate s of all the Office's revenue and expenditure shall be prepared for each financia l year and shall be shown 
in the Office's budget. Each financial year shall correspond to the calendar year . 16.6.2017 L 154/73 Official Jour nal of the European Union EN     2. The revenue and expenditure shown in the budget shall be in balance. 
3. Revenue shall comprise, without prejudice to other types of income, total fees payable under Annex I to this 
Regulation, tota l fees as provided for in Regulation (EC) No 6/2002, total fees payable, under the Madr id Protocol , for an 
international registration designating the Union, and other payments made to Contracting Parties to the Madr id 
Protocol , total fees payable, under the Geneva Act referred to in Article 106c of Regulation (EC) No 6/2002, for an inter ­
national registration designating the Union and other payments made to Contracting Parties to the Geneva Act, and, to 
the extent necessar y, a subsidy entered against a specifi c heading of the Commission section of the general budget of 
the Union. 
4. Ever y year the Office shall offset the costs incur red by the central industr ial proper ty office s of the Member State s, 
by the Benelux Offi ce for Intellectual Proper ty and by any other relevant author ity to be nominated by a Member State, 
as the result of the specific tasks which they carry out as functional parts of the EU trade mark syste m in the conte xt of 
the following services and procedures: 
(a)  opposition and invalidity proceedings before the central industr ial proper ty office s of the Member State s and the 
Benelux Offi ce for Intellectual Proper ty involving EU trade marks ; 
(b)  provision of information on the functioning of the EU trade mark system through helpdesk s and information 
centres; 
(c)  enforcement of EU trade marks , including action take n pursuant to Article 9(4). 
5. The overall offsetting of the costs identif ied in paragraph 4 shall correspond to 5 % of the yearly revenue of the 
Offi ce. Without prejudice to the third subparagraph of this paragraph, on a proposal by the Office and after having 
consulte d the Budget Committee, the Management Board shall determine the distr ibution key on the basis of the 
following fair, equitable and relevant indicators: 
(a)  the annual number of EU trade mark applications originating from applicants in each Member State; 
(b)  the annual number of national trade mark applications in each Member State ; 
(c)  the annual number of oppositions and applications for a declaration of inva lidity submitted by propr ietors of 
EU trade marks in each Member State; 
(d)  the annual number of cases brought before the EU trade mark cour ts designated by each Member State in 
accordance with Article 123. 
For the purpose of substantiating the costs referred to in paragraph 4, Member State s shall submit to the Offi ce by 
31 March of each year , statistical data demonstrating the figures refer red to in points (a) to (d) of the first subparagraph 
of this paragraph for the preceding year, whic h shall be included in the proposal to be made to the Management Board. 
On grounds of equity , the costs incur red by the bodies referred to in paragraph 4 in each Member State shall be deemed 
to correspond to at least 2 % of the total offsetting provided for under this paragraph. 
6. The oblig ation by the Offi ce to offset the costs referred to in paragraph 4 and incur red in a given year shall only 
apply to the extent that no budgetary defici t occurs in that year. 
7. In the event of a budgetary surplus, and without prejudice to paragraph 10, on a proposal by the Offi ce and after 
having consulted the Budget Committ ee, the Manag ement Board may increase the percentage laid down in paragraph 5 
to a maximum of 10 % of the yearly revenue of the Offi ce. 
8. Without prejudice to paragraphs 4 to 7 and paragraph 10 of this Article and to Articles 151 and 152, where 
a substantive surplus is generate d over five consecutive years, the Budge t Committ ee, upon a proposal from the Office 
and in accordance with the annual work programme and multiannual strateg ic programme referred to in 
Article 153(1)(a) and (b), shall decide by a two- thirds majority on the transfer to the budget of the Union of a surplus 
generated from 23 March 2016. 
9. The Offi ce shall prepare on a biannual basis a repor t for the European Parliament, the Council and the 
Commission on its financial situation, including on the financial operations performed under Article 152(5) and (6), and 
paragraphs 5 and 7 of this Article. On the basis of that repor t, the Commission shall review the financia l situation of 
the Offi ce. 
10. The Office shall provide for a reser ve fund covering one year of its operational expenditure to ensure the 
continuity of its operations and the execution of its tasks. 16.6.2017 L 154/74 Official Jour nal of the European Union EN     Article 173 
Preparation of the budget 
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 Budget Committ ee not later than 31 March in each year, together with a list of 
posts. 
2. Should the budget estimates provide for a Union subsidy , the Budget Committ ee shall immediate ly forward the 
estimate to the Commission, which shall forward it to the budget author ity of the Union. The Commission may attach 
an opinion on the estimate along with an altern ative estimat e. 
3. The Budge t Committee shall adopt the budget, which shall include the Office's list of posts. Should the budget 
estimate s contain a subsidy from the general budget of the Union, the Offi ce's budget shall, if necessar y, be adjusted. 
Article 174 
Audit and control 
1. An internal audit function shall be set up within the Office, to be performed in compl iance with the relevant inter ­
national standards. The internal auditor , appointed by the Executive Direct or, shall be responsible to him for verifying 
the proper operation of budget implementation systems and procedures of the Offi ce. 
2. The internal auditor shall advise the Executive Director on dealing with risks, by issuing independent opinions on 
the quality of management and control system s and by issuing recommendations for impro ving the conditions of 
implementation of operations and promoting sound financia l manag ement. 
3. The responsibility for putting in place intern al control syste ms and procedures suitable for carrying out his tasks 
shall lie with the author ising office r. 
Article 175 
Combating fraud 
1. In order to facilitate combating fraud, corruption and other unla wful activities under Regulation (EU, Euratom) 
No 883/2013 of the European Parliament and of the Council (1), the Offi ce shall accede to the Inter -institutional 
Agreement of 25 May 1999 concer ning internal investigat ions by OLAF, and adopt the appropr iate provisions 
applicable to all the emplo yees of the Offi ce using the template set out in the Annex to that Agreement. 
2. The Cour t of Audit ors shall have the power of audit, on the basis of documents and on the spot, over all grant 
beneficiar ies, contractors and subcontractors who have received Union funds from the Office. 
3. OLAF may carry out investigat ions, including on-the-spot checks and inspections, in accordance with the 
provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and Council Regulation (Euratom, EC) 
No 2185/96 (2) with a view to establishing whether there has been fraud, corrupti on or any other illegal activity 
affecting the financial inter ests of the Union in connection with a grant or a contract funded by the Offi ce. 
4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countr ies and international organ­
isations, contracts, grant agreements and grant decisions of the Offi ce shall contain provisions expressly empo wering the 
Cour t of Audit ors and OLAF to conduct such audits and inve stigations, in accordance with their respective compet ences. 
5. The Budget Committ ee shall adopt an anti-fraud strategy which is propor tionate to the fraud risks having regard to 
the cost-benefit of the measures to be implemented . 16.6.2017 L 154/75 Official Jour nal of the European Union EN     
(1)Regulation (EU, Eurato m) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concer ning investigations 
conducted by the European Anti-Fraud Offi ce (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of 
the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 
(2)Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concer ning on‑the‑spot chec ks and inspections carried out by the 
Commission in order to protect the European Communities' financial interests against fraud and other irregular ities (OJ L 292, 
15.11.1996, p. 2). Article 176 
Auditing of accounts 
1. Not later than 31 March in each year the Executive Direct or shall transmit to the Commission, the European 
Parliament, the Budge t Committ ee and the Cour t of Auditors accounts of the Office's total revenue and expenditure for 
the preceding financia l year. The Cour t of Audito rs shall examine them in accordance with Article 287 TFEU. 
2. The Budget Committ ee shall give a disc harge to the Executive Direct or in respect of the implementation of the 
budget. 
Article 177 
Financial provisions 
The Budget Committee shall, after consulting the Cour t of Aud itors and the Commission, adopt internal financial 
provisions specifying, in particular , the procedure for establishing and implementing the Offi ce's budget. As far as is 
compati ble with the particular nature of the Office, the financial provisions shall be based on the financia l regulations 
adopt ed for other bodies set up by the Union. 
Article 178 
Fees and charges and due date 
1. The Executive Direct or shall lay down the amount to be charg ed for any services rendered by the Office other than 
those set out in Annex I, as well as the amount to be charged for the European Union Trade Marks Bulletin, the Official 
Jour nal of the Office and any other publications issued by the Office. The amounts of charges shall be set in euros and 
shall be published in the Offi cial Jour nal of the Offi ce. The amount of each charge shall not exceed what is necessar y to 
cover the costs of the specific service rendered by the Office. 
2. Fees and charges in respect of which the due date is not specifi ed in this Regulation shall be due on the date of 
receipt of the request for the service for which the fee or the charg e is incur red. 
With the consent of the Budget Committ ee, the Executive Director may deter mine which of the services mentioned in 
the first subparagraph are not to be dependent upon the advance payment of the corresponding fees or charges. 
Article 179 
Payment of fees and charges 
1. Fees and charg es due to the Office shall be paid by payment or transfer to a bank account held by the Office. 
With the consent of the Budget Committee, the Executive Director may establish whic h specifi c methods of payment 
other than those set out in the first subparagraph, in particular by means of deposits in current accounts held with the 
Offi ce, may be used. 
Determinations made pursuant to the second subparagraph shall be published in the Official Jour nal of the Office. 
All payments, including by any other method of payment established pursuant to the second subparagraph, shall be 
made in euros. 
2. Ever y payment shall indicate the name of the person making the payment and shall contain the necessar y 
information to enable the Office to establish immediately the purpose of the payment. In particular , the following 
information shall be provided: 
(a)  when the application fee is paid, the purpose of the payment, namely ‘application fee’; 16.6.2017 L 154/76 Official Jour nal of the European Union EN     (b)  when the opposition fee is paid, the file number of the application and the name of the applicant for the EU trade 
mark against whic h opposition is entered, and the purpose of the payment, namely ‘opposition fee’; 
(c)  when the revocat ion fee and the invalidity fee are paid, the registration number and the name of the propr ietor of 
the EU trade mark against which the application is direct ed, and the purpose of the payment, namely ‘revocation fee’ 
or ‘invalidity fee’. 
3. If the purpose of the payment refer red to in paragraph 2 cannot immediately be established, the Offi ce shall 
require the person making the payment to notify it in writing of this purpose within such period as it may specify . If the 
person does not compl y with this request in due time, the payment shall be considered not to have been made. The 
amount whic h has been paid shall be refunded. 
Article 180 
Deemed date of payment 
1. In the cases referred to in the first subparagraph of Article 179(1), the date on whic h the payment shall be 
considered to have been made to the Office shall be the date on whic h the amount of the payment or of the transfer is 
actually entered in a bank account held by the Offi ce. 
2. Where the methods of payment refer red to in the second subparagraph of Article 179(1) may be used, the 
Executive Director shall establish the date on whic h such payments are to be considered to have been made. 
3. Where, under paragraphs 1 and 2, payment of a fee is not considered to have been made until after the expir y of 
the period in which it was due, it shall be considered that this period has been obser ved if evidence is provided to the 
Offi ce that the persons who made the payment in a Member State , within the period within which the payment should 
have been made, duly gave an order to a banking establishment to transfer the amount of the payment, and paid 
a surcharg e of 10 % of the relevant fee or fees, but not exceed ing EUR 200. No surcharg e shall be payable if the relevant 
order to the banking establishment has been given not later than 10 days before the expir y of the period for payment. 
4. The Office may request the person who made the payment to produce evidence as to the date on whic h the order 
to the banking establishment as referred to in paragraph 3 was given and, where required, to pay the relevant surcharg e 
within a period to be specifi ed by it. If the person fails to compl y with that request or if the evidence is insuffic ient, or if 
the required surcharg e is not paid in due time, the period for payment shall be considered not to have been obser ved. 
Article 181 
Insuff icient pay ments and refund of insignif icant amounts 
1. A time limit for payment shall, in principle, be considered to have been obser ved only if the full amount of the fee 
has been paid in due time. If the fee is not paid in full, the amount whic h has been paid shall be refunded after the 
period for payment has expired. 
2. The Office may, however , in so far as is possible within the time remaining before the end of the period, give the 
person making the payment the oppor tunity to pay the amount lacking or, where this is considered justif ied, overlook 
any small amounts lacking, without prejudice to the rights of the person making the payment. 
3. With the consent of the Budget Committ ee, the Executive Director may waive action for the enforced reco very of 
any sum due where the sum to be reco vered is minimal or where such reco very is too uncer tain. 
4. Where an exces sive sum is paid to cover a fee or a charge, the exces s shall not be refunded if the amount is 
insignificant and the party concer ned has not expressly request ed a refund. 
With the consent of the Budget Committ ee the Executive Direct or may determi ne the amount belo w which an excess ive 
sum paid to cover a fee or a charge shall not be refunded. 
Determinations pursuant to the second subparagraph shall be published in the Official Jour nal of the Offi ce. 16.6.2017 L 154/77 Official Jour nal of the European Union EN     CHA PTER XIII 
INTERNA TIONAL REGISTRA TION OF MARK S 
SECTION I 
Gener al provisions 
Article 182 
Application of provisions 
Unless other wise specifi ed in this chapt er, this Regulation and the acts adopt ed pursuant to this Regulation shall apply 
to applications for internati onal registrations under the Madr id Protocol (‘international applications’), based on an 
application for an EU trade mark or on an EU trade mark and to registrations of marks in the international register 
maintained by the Intern ational Bureau of the World Intellectual Proper ty Org anisation (‘inte rnational registrations’ and 
‘the Intern ational Bureau’, respectively) designating the Union. 
SECTION 2 
Inter national registr ation on the basis of applications for an EU trade mark and of EU trade marks 
Article 183 
Filing of an inter national application 
1. International applications pursuant to Article 3 of the Madr id Protocol based on an application for an EU trade 
mark or on an EU trade mark shall be filed at the Office. 
2. Where an internatio nal application is filed before the mark on whic h the intern ational registration is to be based 
has been registere d as an EU trade mark, the applicant for the internatio nal registration shall indicate whether the inter ­
national registration is to be based on an EU trade mark application or registration. Where the internatio nal registration 
is to be based on an EU trade mark once it is register ed, the intern ational application shall be deemed to have been 
received at the Office on the date of registration of the EU trade mark. 
Article 184 
Form and contents of the inter national application 
1. The international application shall be filed in one of the official languag es of the Union, using a form provided by 
the Office. The Offi ce shall inform the applicant filing the internati onal application of the date on which the documents 
making up the intern ational application are received by the Office. Unless other wise specif ied by the applicant on form 
when he files the internati onal application, the Offi ce shall correspond with the applicant in the languag e of filing in 
a standard form. 
2. If the internati onal application is filed in a languag e which is not one of the languages allowed under the Madr id 
Protocol , the applicant shall indicate a second language from among those languag es. This shall be the languag e in 
whic h the Offi ce submits the internati onal application to the Internati onal Bureau. 
3. Where the internati onal application is filed in a language other than one of the language s allowed under the 
Madr id Protocol for the filing of international applications, the applicant may provide a translation of the list of goods 
or services and of any other textua l elements forming part of the internati onal application in the language in which the 
international application is to be submitted to the Internati onal Bureau pursuant to paragraph 2. If the application is not 
accompan ied by such translation, the applicant shall author ise the Office to include that translation in the internatio nal 
application. Where the translation has not yet been established in the course of the registration procedure for the 
EU trade mark application on which the international application is based, the Office shall, without dela y, arrang e for 
the translation. 
4. The filing of an internati onal application shall be subject to the payment of a fee to the Offi ce. Where the internat­
ional registration is to be based on an EU trade mark once it is register ed, the fee shall be due on the date of registration 
of the EU trade mark. The application shall be deemed not to have been filed until the required fee has been paid. 
Where the fee has not been paid, the Offi ce shall inform the applicant according ly. In the event of electronic filing, the 
Offi ce may author ise the Intern ational Bureau to collect the fee on its behalf. 16.6.2017 L 154/78 Official Jour nal of the European Union EN     5. Where the examination of the intern ational application reveals any of the following deficiencies, the Offi ce shall 
invite the applicant to remedy those deficiencies within such period as it may specify : 
(a)  the internatio nal application has not been filed using the form referred to in paragraph 1, and does not contain all 
the indications and information required by that form; 
(b)  the list of goods and services contained in the international application is not covered by the list of goods and 
services appear ing in the basic EU trade mark application or basic EU trade mark; 
(c)  the mark which is subject to the international application is not identical with the mark as it appears in the basic 
EU trade mark application or basic EU trade mark; 
(d)  an indication in the international application as to the trade mark, other than a disclaimer or a colour claim, does 
not also appear in the basic EU trade mark application or basic EU trade mark; 
(e)  where colour is claimed in the intern ational application as a distinctive feature of the mark, the basic EU trade mark 
application or basic EU trade mark is not in the same colour or colours; or 
(f)  according to the indications made in the international form, the applicant is not eligible to file an internatio nal 
application through the Office in accordance with Article 2(1)(ii) of the Madr id Prot ocol. 
6. Where the applicant has failed to author ise the Office to include a translation as provided for in paragraph 3, or 
where it is other wise unclear on which list of goods and services the international application is to be based, the Office 
shall invit e the applicant to mak e the required indications within such period as it may specify . 
7. If the deficiencies refer red to in paragraph 5 are not remedied or the required indications referred to in paragraph 
6 are not given within the period fixed by the Office, the Office shall refuse to forward the internatio nal application to 
the Internatio nal Bureau. 
8. The Offi ce shall forward the intern ational application to the International Bureau along with the certificat ion 
provided for under Article 3(1) of the Madr id Protocol as soon as the international application meets the requirements 
laid down in this Article, the implementing act adopt ed pursuant to paragraph 9 of this Article, and in Article 183 of 
this Regulation. 
9. The Commission shall adopt implementing acts specifying the exact form, including the elements thereof, to be 
used for the filing of an internatio nal application pursuant to paragraph 1. Those implementing acts shall be adop ted in 
accordance with the examination procedure referred to in Article 207(2). 
Article 185 
Recordal in the files and in the Register 
1. The date and number of an internati onal registration based on an EU trade mark application shall be recorded in 
the files of that application. When the application results in an EU trade mark, the date and number of the international 
registration shall be entered in the Register . 
2. The date and number of an internatio nal registration based on an EU trade mark shall be entered in the Regist er. 
Article 186 
Notif ication of the invalidity of the basic application or regis tration 
1. Within a period of five years of the date of the internati onal registration, the Offi ce shall notify the International 
Bureau of any facts and decisions affecting the validity of the EU trade mark application or the EU trade mark 
registration on which the international registration was based. 
2. The Commission shall adopt imp lementing acts specifying the individual facts and decisions subject to the 
notificati on obligation in accordance with Article 6(3) of the Madr id Protocol as well as the relevant point in time of 
such notifi cations. Those imple menting acts shall be adopt ed in accordance with the examination procedure refer red to 
in Article 207(2) of this Regulation. 16.6.2017 L 154/79 Official Jour nal of the European Union EN     Article 187 
Request for territor ial extension subsequent to inter national regis tration 
1. A request for territorial extensi on made subsequent to an intern ational registration pursuant to Article 3ter(2) of 
the Madr id Protocol may be filed through the intermediar y of the Offi ce. The request shall be filed in the language in 
whic h the intern ational application was filed pursuant to Article 184 of this Regulation. It shall include indications to 
substantiate the entitlement to make a designation in accordance with Article 2(1)(ii) and Article 3ter(2) of the Madr id 
Protocol . The Offi ce shall inform the applicant requesting the territorial extension of the date on whic h the request for 
territorial extensi on was received. 
2. The Commission shall adopt implementing acts specifying the detailed requirements regar ding the request for 
territorial exte nsion pursuant to paragraph 1 of this Article. Those implemen ting acts shall be adopt ed in accordance 
with the examination procedure refer red to in Article 207(2). 
3. Where the request for territorial extension made subsequent to the intern ational registration does not compl y with 
the requirements set out in paragraph 1 and in the implementing act adop ted pursuant to paragraph 2, the Offi ce shall 
invite the applicant to remedy the deficienc ies found within such time limit as it may specify . If the deficiencies are not 
remedied within the time limit fixed by the Office, the Office shall refuse to forward the request to the Internatio nal 
Bureau. The Office shall not refuse to forward the request to the Internati onal Bureau before the applicant has had the 
oppor tunity to correct any deficiency detect ed in the request. 
4. The Offi ce shall forward the request for territori al extension made subsequent to the international registration to 
the Internatio nal Bureau as soon as the requirements refer red to in paragraph 3 are complied with. 
Article 188 
Inter national fees 
Any fees payable to the International Bureau under the Madr id Protocol shall be paid direct to the International Bureau. 
SECTION 3 
Inter national registr ations designating the Union 
Article 189 
Effects of inter national registrations designating the Union 
1. An internatio nal registration designating the Union shall, from the date of its registration pursuant to Article 3(4) 
of the Madr id Prot ocol or from the date of the subsequent designation of the Union pursuant to Article 3ter(2) of the 
Madr id Protocol, have the same effect as an application for an EU trade mark. 
2. If no refusal has been notified in accordance with Article 5(1) and (2) of the Madr id Prot ocol or if any such refusal 
has been withdra wn, the intern ational registration of a mark designating the Union shall, from the date referred to in 
paragraph 1, have the same effect as the registration of a mark as an EU trade mark. 
3. For the purposes of applying Article 11 of this Regulation, publication of the particulars of the international 
registration designating the Union pursuant to Article 190(1) shall take the place of publication of an EU trade mark 
application, and publication pursuant to Article 190(2) shall take the place of publication of the registration of an 
EU trade mark. 
Article 190 
Publication 
1. The Office shall publish the date of registration of a mark designating the Union pursuant to Article 3(4) of the 
Madr id Protocol or the date of the subsequent designation of the Union pursuant to Article 3ter(2) of the Madr id 
Protocol , the language of filing of the internati onal application and the second languag e indicated by the applicant, the 
number of the international registration and the date of publication of such registration in the Gazette published by the 
International Bureau, a reproduction of the mark and the numbers of the classes of the goods or services in respect of 
whic h prote ction is claimed. 16.6.2017 L 154/80 Official Jour nal of the European Union EN     2. If no refusal of prot ection of an intern ational registration designating the Union has been notifi ed in accordance 
with Article 5(1) and (2) of the Madr id Protocol or if any such refusal has been withdrawn, the Offi ce shall publish this 
fact, together with the number of the international registration and, where applicable, the date of publication of such 
registration in the Gazette published by the International Bureau. 
Article 191 
Senior ity claimed in an inter national application 
1. The applicant for an international registration designating the Union may claim, in the internati onal application, 
the senior ity of an earlier trade mark register ed in a Member State, including a trade mark registered in the Benelux 
countr ies, or registere d under intern ational arrangements having effect in a Member State, as provided for in Article 39. 
2. The documentation, as specified in the implementing act adopt ed pursuant to Article 39(6), in suppor t of the 
senior ity claim shall be submitt ed within three months of the date on whic h the Internatio nal Bureau notifies the inter ­
national registration to the Offi ce. In this regard, Article 39(7) shall apply . 
3. Where the holder of the international registration is oblig ed to be represented before the Offi ce pursuant to 
Article 119(2), the communication as refer red to in paragraph 2 of this Article shall contain the appointment of a rep­
resentative within the meaning of Article 120(1). 
4. Where the Offi ce finds that the senior ity claim under paragraph 1 of this Article does not compl y with Article 39, 
or does not compl y with the other requirements laid down in this Article, it shall invit e the applicant to remedy the 
deficien cies. If the requirements referred to in the first sentence are not satisfied within the time limit specifi ed by the 
Offi ce, the right of senior ity in respect of that internati onal registration shall be lost. If the deficiencies concer n only 
some of the goods and services, the right of senior ity shall be lost only in so far as those goods and services are 
concer ned. 
5. The Offi ce shall inform the International Bureau of any declaration of a loss of the right of senior ity pursuant to 
paragraph 4. It shall also inform the Intern ational Bureau of any withdrawal or restr iction of the senior ity claim. 
6. Article 39(5) shall apply , unless the right of senior ity is declared lost pursuant to paragraph 4 of this Article. 
Article 192 
Senior ity claimed before the Office 
1. The holder of an international registration designating the Union may, as from the date of publication of the 
effects of such registration pursuant to Article 190(2), claim at the Offi ce the senior ity of an earlier trade mark 
register ed in a Member State, including a trade mark register ed in the Benelux countr ies, or register ed under international 
arrang ements having effect in a Member State , as provided for in Article 40. 
2. When the senior ity is claimed before the date referred to in paragraph 1, the senior ity claim shall be deemed to 
have been received by the Offi ce on that date. 
3. A senior ity claim under paragraph 1 of this Article shall fulfil the requirements refer red to in Article 40 and shall 
contain information to enable its examination against those requirements. 
4. If the requirements governing the claiming of senior ity refer red to in paragraph 3 and specified in the 
implementing act adopt ed pursuant to paragraph 6 are not fulfilled, the Office shall invit e the holder of the intern ational 
registration to remedy the deficienc ies. If the deficiencies are not remedied within a period to be specifi ed by the Office, 
the Offi ce shall reject the claim. 
5. Where the Office has accept ed the senior ity claim, or where a senior ity claim has been withdrawn or cancelled by 
the Offi ce, the Offi ce shall inform the International Bureau according ly. 16.6.2017 L 154/81 Official Jour nal of the European Union EN     6. The Commission shall adopt implementing acts specifying the details to be contained in a senior ity claim under 
paragraph 1 of this Article and the details of the information to be notifi ed pursuant to paragraph 5 of this Article. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to in Article 207(2). 
Article 193 
Designation of goods and services and examination as to absolute grounds for refusal 
1. International registrations designating the Union shall be subject to examination as to their conf ormity with 
Article 33(2), (3) and (4) and to absolute grounds for refusal in the same way as applications for EU trade marks . 
2. Where an international registration designating the Union is found to be ineligible for prot ection pursuant to 
Article 33(4) or Article 42(1) of this Regulation for all or any part of the goods and services for which it has been 
register ed by the Internati onal Bureau, the Offi ce shall issue an ex officio provisional notifi cation of refusal to the Inter ­
national Bureau, in accordance with Article 5(1) and (2) of the Madr id Protocol . 
3. Where the holder of an international registration is oblig ed to be represent ed before the Office pursuant to 
Article 119(2), the notification refer red to in paragraph 2 of this Article shall contain an invitation to appoint a represen ­
tative within the meaning of Article 120(1). 
4. The notificati on of provisional refusal shall state the reasons on which it is based, and shall specify a time period 
by whic h the holder of the internatio nal registration may submit his obser vations and, if appropr iate, shall appoint a rep­
resentative. The time period shall start on the day on which the Office issues the provisional refusal. 
5. Where the Offi ce finds that the intern ational application designating the Union does not contain the indication of 
a second language pursuant to Article 206 of this Regulation, the Offi ce shall issue an ex officio provisional notification 
of refusal to the Intern ational Bureau pursuant to Article 5(1) and (2) of the Madr id Protocol . 
6. Where the holder of an intern ational registration fails to overcome the ground for refusing prote ction within the 
time limit or, if appropr iate, to appoint a representative or to indicate a second languag e, the Offi ce shall refuse the 
prote ction in whole or for part of the goods and services for whic h the intern ational registration is register ed. The 
refusal of prote ction shall take the place of a refusal of an EU trade mark application. The decision shall be subject to 
appeal in accordance with Articles 66 to 72. 
7. Where, as of the start of the opposition period refer red to in Article 196(2), the Offi ce has not issued an ex officio 
provisional notifi cation of refusal pursuant to paragraph 2 of this Article, it shall send a statement to the International 
Bureau, indicating that the examination of absolute grounds of refusal pursuant to Article 42 has been compl eted but 
that the internatio nal registration is still subject to oppositions or obser vations of third parties. This interim state ment 
shall be without prejudice to the right of the Office to re-open the examination of absolute grounds on its own initiative 
any time before the final statement of grant of protection has been issued. 
8. The Commission shall adop t imp lementing acts specifying the details to be contained in the notifi cation of 
ex officio provisional refusal of protect ion to be sent to the Intern ational Bureau and in the final communications to be 
sent to the Internatio nal Bureau on the final grant or refusal of prote ction. Those implementing acts shall be adopt ed in 
accordance with the examination procedure referred to in Article 207(2). 
Article 194 
Collectiv e and certification mark s 
1. Where an internati onal registration is based on a basic application or basic registration relating to a collective 
mark, certificat ion mark or guarant ee mark, the internati onal registration designating the Union shall be dealt with as an 
EU collective mark or as an EU certification mark, whichever is applicable. 
2. The holder of the intern ational registration shall submit the regulations governing the use of the mark, as provided 
for in Articles 75 and 84, directly to the Office within two months of the date on whic h the Internati onal Bureau 
notifies the international registration to the Office. 16.6.2017 L 154/82 Official Jour nal of the European Union EN     3. The Commission is empo wered to adopt deleg ated acts in accordance with Article 208 specifying the details of the 
procedure concer ning intern ational registrations based on a basic application or basic registration relating to a collective 
mark, certificat ion mark or guarantee mark. 
Article 195 
Search 
1. Once the Offi ce has received a notifi cation of an international registration designating the Union, it shall draw up 
a Union searc h repor t as provided for in Article 43(1) provided that a request for a search repor t, pursuant to 
Article 43(1), is made to the Offi ce within one month of the date of notificati on. 
2. As soon as the Office has received a notificati on of an internatio nal registration designating the Union, the Office 
shall transmit a copy thereof to the central industr ial proper ty office of each Member State whic h has informed the 
Offi ce of its decision to operate a searc h in its own register of trade marks as provided for in Article 43(2) provided that 
a request for a searc h repor t, pursuant to Article 43(2), is made to the Office within one month of the date of 
notificati on and the searc h fee is paid within the same period. 
3. Article 43(3) to (6) shall apply mutatis mutandis. 
4. The Office shall inform the propr ietors of any earlier EU trade marks or EU trade mark applications cited in the 
Union search repor t of the publication of the internati onal registration designating the Union as provided for in 
Article 190(1). This shall apply whether or not the holder of the international registration has requested to receive the 
EU searc h repor t, unless the propr ietor of an earlier registration or application requests not to receive the notific ation. 
Article 196 
Opposition 
1. International registration designating the Union shall be subject to opposition in the same way as published 
EU trade mark applications. 
2. Notice of opposition shall be filed within a period of three months which shall begin one month following the 
date of the publication pursuant to Article 190(1). The opposition shall not be considered as duly entered until the 
opposition fee has been paid. 
3. Refusal of prot ection shall take the place of refusal of an EU trade mark application. 
4. The Commission is empo wered to adopt delegat ed acts in accordance with Article 208 specifying the procedure 
for the filing and examination of an opposition, including the necessar y communications to be made to the Internati onal 
Bureau. 
Article 197 
Replacement of an EU trade mark by an inter national registration 
The Offi ce shall, upon request, enter a notice in the Regist er that an EU trade mark is deemed to have been replaced by 
an internatio nal registration in accordance with Article 4bis of the Madr id Protocol . 
Article 198 
Invalidation of the effects of an inter national registration 
1. The effects of an international registration designating the Union may be declared invalid. 
2. The application for invalidation of the effects of an internatio nal registration designating the Union shall take the 
place of an application for a declaration of revocati on as provided for in Article 58 or for a declaration of invalidity as 
provided for in Article 59 or Article 60. 16.6.2017 L 154/83 Official Jour nal of the European Union EN     3. Where pursuant to Article 64 or Article 128 of this Regulation and this Article, the effects of an international 
registration designating the Union have been declared invalid by means of a final decision, the Office shall notify the In­
ternatio nal Bureau in accordance with Article 5(6) of the Madr id Protocol . 
4. The Commission shall adopt implementing acts specifying the details to be contained in the notification to be 
made to the Internati onal Bureau pursuant to paragraph 3 of this Article. Those implementing acts shall be adopt ed in 
accordance with the examination procedure referred to in Article 207(2). 
Article 199 
Legal effect of regis tration of transfers 
The recordal of a change in the ownership of an international registration on the Internatio nal Register shall have the 
same effect as the entr y of a transfer in the Regist er pursuant to Article 20. 
Article 200 
Legal effect of regis tration of licences and other rights 
The recordal of a licence or a restr iction of the holder's right of disposal in respect of an internati onal registration in the 
International Registe r shall have the same effect as the registration of a right in rem, a levy of executi on, insolvency 
proceedings or a licence in the Registe r pursuant to Articles 22, 23, 24 and 25 respectively . 
Article 201 
Exa mination of requests for registration of transfer s, licences or rest rictions of a holder's right of 
disposal 
The Office shall transmit requests to register a change in ownership, a licence or a restr iction of the holder's right of 
disposal, the amendment or cancellation of a licence or the remo val of a restr iction of the holder's right of disposal 
whic h have been filed with it to the International Bureau, if accompan ied by appropr iate proof of the transfer , licence, 
or the restr iction of the right of disposal, or by proof that the licence no long er exists or that it has been amended, or 
that the restr iction of the right of disposal has been remo ved. 
Article 202 
Conv ersion of a designation of the Union through an inter national regis tration into a national 
trade mark application or into a designation of Member States 
1. Where a designation of the Union through an internati onal registration has been refused or ceases to have effect, 
the holder of the international registration may request the convers ion of the designation of the Union: 
(a)  into a national trade mark application pursuant to Articles 139, 140 and 141; 
(b)  into a designation of a Member State party to the Madr id Prot ocol, provided that on the date when conver sion was 
requeste d it was possible to have designate d that Member State directly under the Madr id Prot ocol. Articles 139, 
140 and 141 of this Regulation shall apply . 
2. The national trade mark application or the designation of a Member State party to the Madr id Protocol resulting 
from the conversion of the designation of the Union through an international registration shall enjo y, in respect of the 
Member State concer ned, the date of the intern ational registration pursuant to Article 3(4) of the Madr id Prot ocol or the 
date of the extension to the Union pursuant to Article 3ter(2) of the Madr id Protocol , if the latte r was made subsequent 
to the intern ational registration, or the date of priority of that registration and, where appropr iate, the senior ity of 
a trade mark of that State claimed under Article 191 of this Regulation. 16.6.2017 L 154/84 Official Jour nal of the European Union EN     3. The request for conversion shall be published. 
4. The request for convers ion of an internati onal registration designating the Union into a national trade mark 
application shall include the information and indications refer red to in Article 140(1). 
5. Where conversion is request ed pursuant to this Article and Article 139(5) of this Regulation following a failure to 
renew the international registration, the request refer red to in paragraph 4 of this Article shall contain an indication to 
that effect and the date on which the prot ection expired. The period of three months provided for in Article 139(5) of 
this Regulation shall begin to run on the day following the last day on whic h the renewal may still be effected pursuant 
to Article 7(4) of the Madr id Protocol. 
6. Article 140(3) and (5) shall apply to the request for conversion refer red to in paragraph 4 of this Article mutatis 
mutandis. 
7. The request for conversion of an international registration designating the Union into a designation of 
a Member State party to the Madr id Prot ocol shall include the indications and elements refer red to in paragraphs 4 
and 5. 
8. Article 140(3) shall apply to the request for conversion refer red to in paragraph 7 of this Article mutatis mutandis. 
The Offi ce shall also reject the request for conversion where the conditions to designat e the Member State whic h is 
a party to the Madr id Protocol or to the Madr id Agreement were fulfilled neither on the date of the designation of the 
Union nor on the date on which the application for conversion was received or, pursuant to the last senten ce of 
Article 140(1), is deemed to have been received by the Offi ce. 
9. Where the request for convers ion refer red to in paragraph 7 compl ies with the requirements of this Regulation 
and rules adop ted pursuant to it, the Offi ce shall transmit the request without dela y to the Internati onal Bureau. The 
Offi ce shall inform the holder of the internati onal registration of the date of transmission. 
10. The Commission shall adopt implementing acts specifying: 
(a)  the details to be contained in the requests for conversion refer red to in paragraphs 4 and 7; 
(b)  the details to be contained in the publication of the requests for conversion pursuant to paragraph 3. 
Those implementing acts shall be adopt ed in accordance with the examination procedure referred to in Article 207(2). 
Article 203 
Use of a mark subject of an inter national registration 
For the purposes of applying Article 18(1), Article 47(2), Article 58(1)(a) and Article 64(2), the date of publication 
pursuant to Article 190(2) shall take the place of the date of registration for the purpose of establishing the date as from 
whic h the mark which is the subject of an international registration designating the Union shall be put to genuine use in 
the Union. 
Article 204 
Transforma tion 
1. Subject to paragraph 2, the provisions applicable to EU trade mark applications shall apply mutatis mutandis to 
applications for transf ormation of an international registration into an EU trade mark application pursuant to 
Article 9quinquies of the Madr id Protocol. 
2. When the application for transf ormation relates to an intern ational registration designating the Union the 
particulars of which have been published pursuant to Article 190(2), Articles 42 to 47 shall not apply . 16.6.2017 L 154/85 Official Jour nal of the European Union EN     3. In order to be considered a transf ormation of an intern ational registration whic h has been cancelled at the request 
of the office of origin by the Intern ational Bureau pursuant to Article 9quinquies of the Madr id Protocol, an EU trade 
mark application shall contain an indication to that effect. That indication shall be made when filing the application. 
4. Where, in the course of the examination in accordance with Article 41(1)(b), the Offi ce finds that the application 
was not filed within three months of the date on which the international registration was cancelled by the Intern ational 
Bureau, or the goods and services for whic h the EU trade mark is to be registered are not contained in the list of goods 
and services for whic h the intern ational registration was register ed in respect of the Union, the Offi ce shall invite the 
applicant to remedy the defici encies. 
5. If the deficiencies refer red to in paragraph 4 are not remedied within the time period specified by the Office, the 
right to the date of the internati onal registration or the territori al exte nsion and, if any, of the priority of the internat­
ional registration shall be lost. 
6. The Commission shall adopt implementing acts specifying the details to be contained in an application for trans ­
formation pursuant to paragraph 3 of this Article. Those implementing acts shall be adopt ed in accordance with the 
examination procedure refer red to in Article 207(2). 
Article 205 
Communication with the Inter national Bureau 
Communication with the International Bureau shall be in a manner and format agreed on between the Internatio nal 
Bureau and the Office, and preferably be by electronic means. Any reference to forms shall be constr ued as including 
forms made available in electronic format. 
Article 206 
Use of languages 
For the purpose of applying this Regulation, and rules adopt ed pursuant to it, to intern ational registrations designating 
the Union, the language of filing of the internati onal application shall be the languag e of the proceedings within the 
meaning of Article 146(4), and the second languag e indicated in the internatio nal application shall be the second 
languag e within the meaning of Article 146(3). 
CHA PTER XIV 
FINAL PROVISIONS 
Article 207 
Committee Procedure 
1. The Commission shall be assisted by a Committee on Implementation Rules. That committee shall be a committee 
within the meaning of Regulation (EU) No 182/2011. 
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply . 
Article 208 
Exercise of the delegation 
1. The power to adop t delegat ed acts is confe rred on the Commission subject to the conditions laid down in this 
Article. 
2. The power to adop t delegat ed acts referred to in Article 48, Article 49(3), Articles 65 and 73, Articles 96(4), 
97(6), 98(5), 100(2), 101(5), 103(3), and 106(3), Articles 121 and 168, and Articles 194(3) and 196(4) shall be 
conferred on the Commission for an indeter minat e period of time from 23 March 2016. 16.6.2017 L 154/86 Official Jour nal of the European Union EN     3. The delegatio n of power referred to in Article 48, Article 49(3), Articles 65 and 73, Articles 96(4), 97(6), 98(5), 
100(2), 101(5), 103(3), and 106(3), Articles 121 and 168, and Articles 194(3) and 196(4) may be revok ed at any time 
by the European Parliament or by the Council. A decision to revok e shall put an end to the delega tion of the power 
specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of any delegat ed acts already in force. 
4. Before adop ting a delegat ed act, the Commission shall carry out consultations with exper ts, including exper ts 
designat ed by each Member State in accordance with the principles laid down in the Interi nstitutional Agreement of 
13 Apr il 2016 on Better Law-Making. 
5. As soon as it adop ts a delegat ed act, the Commission shall notify it simultaneously to the European Parliament and 
to the Council. 
6. A delegat ed act adopt ed pursuant to Article 48, Article 49(3), Articles 65 and 73, Articles 96(4), 97(6), 98(5), 
100(2), 101(5), 103(3), and 106(3), Articles 121 and 168, and Articles 194(3) and 196(4) shall enter into force only if 
no objection has been expressed either by the European Parliament or by the Council within a period of two months of 
notificati on of that act to the European Parliament and the Council or if, before the expir y of that period, the European 
Parliament and the Council have both informed the Commission that they will not object. That period shall be exte nded 
by two months at the initiative of the European Parliament or of the Council. 
Article 209 
Provisions relating to the enlargement of the Union 
1. As of the date of accession of Bulg aria, the Czec h Republic, Estonia, Croatia, Cypr us, Latvia, Lithuania, Hungar y, 
Malta, Poland, Romania, Slovenia and Slovakia (‘new Member State (s)’), an EU trade mark register ed or applied for 
pursuant to this Regulation before their respective date of accession shall be exte nded to the territory of those 
Member States in order to have equal effect throughout the Union. 
2. The registration of an EU trade mark which was under application at the date of accession may not be refused on 
the basis of any of the absolute grounds for refusal listed in Article 7(1), if these grounds became applicable merely 
because of the accession of a new Member State. 
3. Where an application for the registration of an EU trade mark has been filed during the six months prior to the 
date of accession, notice of opposition may be given pursuant to Article 46 where an earlier trade mark or another 
earlier right within the meaning of Article 8 was acquired in a new Member State prior to accession, provided that it 
was acquired in good faith and that the filing date or, where applicable, the priority date or the date of acquisition in the 
new Member State of the earlier trade mark or other earlier right precedes the filing date or, where applicable, the 
priority date of the EU trade mark applied for. 
4. An EU trade mark as refer red to in paragraph 1 may not be declared invalid: 
(a)  pursuant to Article 59 if the grounds for invalidity became applicable merely because of the accession of a new 
Member State; 
(b)  pursuant to Article 60(1) and (2) if the earlier national right was registe red, applied for or acquired in a new 
Member State prior to the date of accession. 
5. The use of an EU trade mark as referred to in paragraph 1 may be prohibit ed pursuant to Articles 137 and 138, if 
the earlier trade mark or other earlier right was register ed, applied for or acquired in good faith in the new 
Member State prior to the date of accession of that State; or, where applicable, has a priority date prior to the date of 
accession of that State. 
Article 210 
Evaluation and review 
1. By 24 March 2021, and ever y five years thereaf ter, the Commission shall evaluate the implementation of this 
Regulation. 16.6.2017 L 154/87 Official Jour nal of the European Union EN     2. The evaluation shall review the lega l framework for cooperation between the Office and the central industr ial 
proper ty offices of the Member States and the Benelux Offi ce for Intellectual Proper ty, paying particular attention to the 
financing mechani sm laid down in Article 152. The evaluation shall further assess the impact, effectiveness and 
efficiency of the Office and its working practices. The evaluation shall, in particular , address the possible need to modify 
the mandate of the Offi ce, and the financia l implications of any such modific ation. 
3. The Commission shall forward the evaluation repor t together with its conclusions drawn on the basis of that 
repor t to the European Parliament, the Council and the Manage ment Board. The find ings of the evaluation shall be 
made public. 
4. On the occasion of ever y second evaluation, there shall be an assessment of the results achieve d by the Offi ce 
having regard to its objectives, mandate and tasks. 
Article 211 
Repeal 
Regulation (EC) No 207/2009 is repealed. 
References to the repealed Regulation shall be constr ued as references to this Regulation and shall be read in accordance 
with the correlation table in Annex III. 
Article 212 
Entr y into force 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the 
European Union. 
It shall apply from 1 October 2017. 
This Regulation shall be binding in its entirety and directly applicable in all Member State s. 
Done at Strasbourg, 14 June 2017. 
For the European Parliament 
The President 
A. TAJANI  For the Council 
The President 
H. DALLI   16.6.2017 L 154/88 Official Jour nal of the European Union EN     ANNEX I 
AMOUNT OF FEES   
A. The fees to be paid to the Office under this Regulation shall be as follows (in EUR):  
1. Basic fee for the application for an individual EU trade mark (Article 31(2)): 
EUR 1 000  
2. Basic fee for the application for an individual EU trade mark by electronic means (Article 31(2)): 
EUR 850  
3. Fee for the second class of goods and services for an individual EU trade mark (Article 31(2)): 
EUR 50  
4. Fee for each class of goods and services exceeding two for an individual EU trade mark (Article 31(2)): 
EUR 150  
5. Basic fee for the application for an EU collective mark or an EU certification mark (Article 31(2) and 
Article 74(3) or Article 83(3)): 
EUR 1 800  
6. Basic fee for the application for an EU collective mark or an EU certificat ion mark by electronic means  
(Article 31(2) and Article 74(3) or Article 83(3)): 
EUR 1 500  
7. Fee for the second class of goods and services for an EU collective mark or an EU certification mark:  
(Article 31(2) and Article 74(3) or Article 83(3)): 
EUR 50  
8. Fee for each class of goods and services excee ding two for an EU collective mark or an EU certification mark  
(Article 31(2) and 74(3) or Article 83(3)): 
EUR 150  
9. Search fee for an EU trade mark application (Article 43(2)) or for an internatio nal registration designating the 
Union (Article 43(2) and Article 195(2)): 
EUR 12 multiplied by the number of central industr ial proper ty offices refer red to in Article 43(2); that amount, 
and the subsequent changes , shall be published by the Office in the Official Jour nal of the Offi ce.  
10. Opposition fee (Article 46(3)): 
EUR 320  
11. Basic fee for the renewal of an individual EU trade mark (Article 53(3)): 
EUR 1 000  
12. Basic fee for the renewal of an individual EU trade mark by electronic means (Article 53(3)): 
EUR 850  
13. Fee for the renewal of the second class of goods and services for an individual EU trade mark (Article 53(3)): 
EUR 50  
14. Fee for the renewal of each class of goods and services exceed ing two for an individual EU trade mark  
(Article 53(3)): 
EUR 150 16.6.2017 L 154/89 Official Jour nal of the European Union EN     15. Basic fee for the renewal of an EU collective mark or an EU certificat ion mark (Article 53(3) and Article 74(3) or 
Article 83(3): 
EUR 1 800  
16. Basic fee for the renewal of an EU collective mark or an EU certificat ion mark by electronic means (Article 53(3) 
and Article 74(3) or Article 83(3)): 
EUR 1 500  
17. Fee for the renewal of the second class of goods and services for an EU collective mark or an EU certification 
mark (Article 53(3) and Article 74(3) or Article 83(3)): 
EUR 50 
18. Fee for the renewal of each class of goods and services exceed ing two for an EU collective mark or an EU certifi­
cation mark (Article 53(3) and Article 74(3) or Article 83(3)): 
EUR 150  
19. Additional fee for the late payment of the renewal fee or the late submission of the request for renewal  
(Article 53(3)): 
25 % of the belated renewal fee, subject to a maximum of EUR 1 500  
20. Fee for the application for revocati on or for a declaration of invalidity (Article 63(2)): 
EUR 630  
21. Appeal fee (Article 68(1)): 
EUR 720  
22. Fee for the application of restitutio in integ rum (Article 104(3)): 
EUR 200  
23. Fee for the application for the conversion of an EU trade mark application or an EU trade mark (Article 140(1), 
also in conjunction with Article 202(1)): 
(a)  into a national trade mark application; 
(b)  into a designation of Member States under the Madr id Protocol : 
EUR 200  
24. Fee for continuation of proceedings (Article 105(1)): 
EUR 400  
25. Fee for the declaration of division of a registere d EU trade mark (Article 56(4) or an application for an EU trade 
mark (Article 50(3)): 
EUR 250  
26. Fee for the application for the registration of a licence or another right in respect of a registered EU trade mark  
(Article 26(2)) or an application for an EU trade mark (Article 26(2)): 
(a)  grant of a licence; 
(b)  transfe r of a licence; 
(c)  creation of a right in rem; 
(d)  transfe r of a right in rem; 
(e)  levy of executi on: 
EUR 200 per registration, but where multiple requests are submitted in the same application or at the same 
time, not to excee d a total of EUR 1 000 16.6.2017 L 154/90 Official Jour nal of the European Union EN     27. Fee for the cancellation of the registration of a licence or other right (Article 29(3)): 
EUR 200 per cancellation, but where multiple requests are submitted in the same application or at the same 
time, not to excee d a total of EUR 1 000  
28. Fee for the alteration of a registered EU trade mark (Article 54(4)): 
EUR 200  
29. Fee for the issue of a copy of the application for an EU trade mark (Article 114(7)), a copy of the certificate of 
registration (Article 51(2)), or an extract from the register (Article 111(7)): 
(a)  uncer tified copy or extract: 
EUR 10 
(b)  certified copy or extract: 
EUR 30  
30. Fee for the inspection of the files (Article 114(6)): 
EUR 30  
31. Fee for the issue of copies of file documents (Article 114(7)): 
(a)  uncer tified copy: 
EUR 10 
(b)  certified copy: 
EUR 30 
plus per page, exceeding 10 
EUR 1  
32. Fee for the communication of information in a file (Article 114(9)): 
EUR 10  
33. Fee for the review of the determination of the procedural costs to be refunded (Article 109(8)): 
EUR 100  
34. Fee for the filing of an intern ational application at the Offi ce (Article 184(4)): 
EUR 300  
B. Fees to be paid to the Intern ational Bureau  
I. Individual fee for an internati onal registration designating the Union 
1.The applicant for an international registration designating the Union shall be required to pay to the Internat­
ional Bureau an individual fee for the designation of the Union in accordance with Article 8(7) of the Madr id 
Prot ocol. 
2.  The holder of an international registration who files a request for territori al extension designating the Union 
made subsequent to the internatio nal registration shall be required to pay to the Internati onal Bureau an 
individual fee for the designation of the Union in accordance with Article 8(7) of the Madr id Protocol. 
3.  The amount of the fee under points B.I.1 or B.I.2 shall be the equivalent in Swiss Francs, as established by the 
Direct or-General of the WIPO pursuant to Rule 35(2) of the Common Regulations under the Madr id 
Agreement and Protocol , of the following amounts: 
(a)  for an individual trade mark: EUR 820 plus, where applicable, EUR 50 for the second class of goods and 
services and EUR 150 for each class of goods and services contained in the international registration 
excee ding two; 
(b)  for a collective mark or a certificat ion mark: EUR 1 400 plus, where applicable, EUR 50 for the second 
class of goods and services and EUR 150 for each class of goods or services exce eding two. 16.6.2017 L 154/91 Official Jour nal of the European Union EN     II. Individual fee for a renewal of an international registration designating the Union 
1.  The holder of an intern ational registration designating the Union shall be required to pay to the International 
Bureau, as a part of the fees for a renewal of the international registration, an individual fee for the designation 
of the Union in accordance with Article 8(7) of the Madr id Protocol. 
2.  The amount of the fee refer red to in point B.II.1 shall be the equivalent in Swiss Francs, as established by the 
Direct or-General of the WIPO pursuant to Rule 35(2) of the Common Regulations under the Madr id 
Agreement and Protocol , of the following amounts: 
(a)  for an individual trade mark: EUR 820 plus, where applicable, EUR 50 for the second class of goods and 
services and EUR 150 for each class of goods and services contained in the international registration 
excee ding two; 
(b)  for a collective mark or a certificat ion mark: EUR 1 400 plus, where applicable, EUR 50 for the second 
class of goods and services and EUR 150 for each class of goods and services contained in the intern ational 
registration excee ding two.  16.6.2017 L 154/92 Official Jour nal of the European Union EN     ANNEX II 
Repealed Regulation with list of its successiv e amendments 
Council Regulation (EC) No 207/2009 
(OJ L 78, 24.3.2009, p. 1)  
Act of Accession of 2012, Annex III, point 2(I)  
Regulation (EU) 2015/2424 of the European Parliament and of the Council 
(OJ L 341, 24.12.2015, p. 21) Only Article 1   16.6.2017 L 154/93 Official Jour nal of the European Union EN     ANNEX III 
Cor relation table 
Regulation (EC) No 207/2009 This Regulation 
Articles 1 to 7 Articles 1 to 7 
Article 8(1) to (4) Article 8(1) to (4) 
Article 8(4a) Article 8(6) 
Article 8(5) Article 8(5) 
Article 9 Article 9 
Article 9a Article 10 
Article 9b Article 11 
Article 10 Article 12 
Article 11 Article 13 
Article 12 Article 14 
Article 13 Article 15 
Article 13a Article 16 
Article 14 Article 17 
Article 15 Article 18 
Article 16 Article 19 
Article 17(1), (2) and (3) Article 20(1), (2) and (3) 
Article 17(5) Article 20(4) 
Article 17(5a) Article 20(5) 
Article 17(5b) Article 20(6) 
Article 17(5c) Article 20(7) 
Article 17(5d) Article 20(8) 
Article 17(5e) Article 20(9) 
Article 17(5f) Article 20(10) 
Article 17(6) Article 20(11) 
Article 17(7) Article 20(12) 
Article 17(8) Article 20(13) 
Article 18 Article 21 
Article 19 Article 22 
Article 20 Article 23 
Article 21 Article 24 
Article 22 Article 25 
Article 22a Article 26 
Article 23 Article 27 
Article 24 Article 28 
Article 24a Article 29 
Article 25 Article 30 
Article 26 Article 31 
Article 27 Article 32 
Article 28 Article 33 16.6.2017 L 154/94 Official Jour nal of the European Union EN     Regulation (EC) No 207/2009 This Regulation 
Article 29 Article 34 
Article 30 Article 35 
Article 31 Article 36 
Article 32 Article 37 
Article 33 Article 38 
Article 34(1) Article 39(1) 
Article 34(1a) Article 39(2) 
Article 34(2) Article 39(3) 
Article 34(3) Article 39(4) 
Article 34(4) Article 39(5) 
Article 34(5) Article 39(6) 
Article 34(6) Article 39(7) 
Article 35 Article 40 
Article 36 Article 41 
Article 37(1) Article 42(1) 
Article 37(3) Article 42(2) 
Article 38 Article 43 
Article 39 Article 44 
Article 40 Article 45 
Article 41 Article 46 
Article 42 Article 47 
Article 42a Article 48 
Article 43 Article 49 
Article 44(1) and (2) Article 50(1) and (2) 
Article 44(4) Article 50(3) 
Article 44(4a) Article 50(4) 
Article 44(5) to (9) Article 50(5) to (9) 
Article 45 Article 51 
Article 46 Article 52 
Article 47 Article 53 
Article 48 Article 54 
Article 48a Article 55 
Article 49 Article 56 
Article 50 Article 57 
Article 51 Article 58 
Article 52 Article 59 
Article 53 Article 60 
Article 54 Article 61 
Article 55 Article 62 
Article 56 Article 63 
Article 57 Article 64 
Article 57a Article 65 16.6.2017 L 154/95 Official Jour nal of the European Union EN     Regulation (EC) No 207/2009 This Regulation 
Article 58 Article 66 
Article 59 Article 67 
Article 60 Article 68 
Article 61 Article 69 
Article 63 Article 70 
Article 64 Article 71 
Article 65 Article 72 
Article 65a Article 73 
Article 66 Article 74 
Article 67 Article 75 
Article 68 Article 76 
Article 69 Article 77 
Article 70 Article 78 
Article 71 Article 79 
Article 72 Article 80 
Article 73 Article 81 
Article 74 Article 82 
Article 74a Article 83 
Article 74b Article 84 
Article 74c Article 85 
Article 74d Article 86 
Article 74e Article 87 
Article 74f Article 88 
Article 74g Article 89 
Article 74h Article 90 
Article 74i Article 91 
Article 74j Article 92 
Article 74k Article 93 
Article 75 Article 94 
Article 76 Article 95 
Article 77 Article 96 
Article 78 Article 97 
Article 79 Article 98 
Article 79a Article 99 
Article 79b Article 100 
Article 79c Article 101 
Article 79d Article 102 
Article 80 Article 103 
Article 81 Article 104 
Article 82 Article 105 
Article 82a Article 106 
Article 83 Article 107 
Article 84 Article 108 16.6.2017 L 154/96 Official Jour nal of the European Union EN     Regulation (EC) No 207/2009 This Regulation 
Article 85(1) Article 109(1) 
Article 85(1a) Article 109(2) 
Article 85(2) Article 109(3) 
Article 85(3) Article 109(4) 
Article 85(4) Article 109(5) 
Article 85(5) Article 109(6) 
Article 85(6) Article 109(7) 
Article 85(7) Article 109(8) 
Article 86 Article 110 
Article 87 Article 111 
Article 87a Article 112 
Article 87b Article 113 
Article 88 Article 114 
Article 88a Article 115 
Article 89 Article 116 
Article 90 Article 117 
Article 91 Article 118 
Article 92 Article 119 
Article 93 Article 120 
Article 93a Article 121 
Article 94 Article 122 
Article 95(1) Article 123(1) 
Article 95(2) — 
Article 95(3) Article 123(2) 
Article 95(4) Article 123(3) 
Article 95(5) — 
Article 96 Article 124 
Article 97 Article 125 
Article 98 Article 126 
Article 99 Article 127 
Article 100 Article 128 
Article 101 Article 129 
Article 102 Article 130 
Article 103 Article 131 
Article 104 Article 132 
Article 105 Article 133 
Article 106 Article 134 
Article 107 Article 135 
Article 109 Article 136 
Article 110 Article 137 
Article 111 Article 138 
Article 112 Article 139 
Article 113 Article 140 16.6.2017 L 154/97 Official Jour nal of the European Union EN     Regulation (EC) No 207/2009 This Regulation 
Article 114 Article 141 
Article 115 Article 142 
Article 116 Article 143 
Article 117 Article 144 
Article 118 Article 145 
Article 119(1) to (5) Article 146(1) to (5) 
Article 119(5a) Article 146(6) 
Article 119(6) Article 146(7) 
Article 119(7) Article 146(8) 
Article 119(8) Article 146(9) 
Article 119(9) Article 146(10) 
Article 119(10) Article 146(11) 
Article 120 Article 147 
Article 121 Article 148 
Article 123 Article 149 
Article 123a Article 150 
Article 123b Article 151 
Article 123c Article 152 
Article 124 Article 153 
Article 125 Article 154 
Article 126 Article 155 
Article 127 Article 156 
Article 128 Article 157 
Article 129 Article 158 
Article 130 Article 159 
Article 131 Article 160 
Article 132 Article 161 
Article 133 Article 162 
Article 134 Article 163 
Article 134a Article 164 
Article 135 Article 165 
Article 136 Article 166 
Article 136a Article 167 
Article 136b Article 168 
Article 137 Article 169 
Article 137a Article 170 
Article 138 Article 171 
Article 139 Article 172 
Article 140 Article 173 
Article 141 Article 174 
Article 141a Article 175 
Article 142 Article 176 
Article 143 Article 177 16.6.2017 L 154/98 Official Jour nal of the European Union EN     Regulation (EC) No 207/2009 This Regulation 
Article 144 Article 178 
Article 144a Article 179 
Article 144b Article 180 
Article 144c Article 181 
Article 145 Article 182 
Article 146 Article 183 
Article 147 Article 184 
Article 148 Article 185 
Article 148a Article 186 
Article 149 Article 187 
Article 150 Article 188 
Article 151 Article 189 
Article 152 Article 190 
Article 153 Article 191 
Article 153a Article 192 
Article 154 Article 193 
Article 154a Article 194 
Article 155 Article 195 
Article 156 Article 196 
Article 157 Article 197 
Article 158 Article 198 
Article 158a Article 199 
Article 158b Article 200 
Article 158c Article 201 
Article 159 Article 202 
Article 160 Article 203 
Article 161 Article 204 
Article 161a Article 205 
Article 161b Article 206 
Article 163 Article 207 
Article 163a(1) Article 208(1) 
Article 163a(2), first sente nce Article 208(2) 
Article 163a(2), second sente nce Article 208(4) 
Article 163a(3) Article 208(3) 
Article 163a(4) Article 208(5) 
Article 163a(5) Article 208(6) 
Article 165 Article 209 
Article 165a Article 210 
Article 166 Article 211 
Article 167 Article 212 
Annex -I Annex I 
Annex I Annex II 
Annex II Annex III   16.6.2017 L 154/99 Official Jour nal of the European Union EN