Selected instruments relating to the Community trade mark

European Commission Office for Harmonization in the Internal Market
European Union Publications Office, 2007

ISBN 92-9156-100-2

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Table of Contents

Introduction

The Regulation and related text

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ EC No L 11 of 14.1.1994, p.1) - amended by

The Council of the European Union, Title I: General Provisions . Article 1. Community trade mark . Article 2: Office . Article 3: Capacity to act . Title II: The Law Relating to Trade Marks . Section 1: Definition of a Community Trade Mark Obtaining a Community Trade Mark . Article 4: Signs of which a Community trade mark may consist . Article 5. Persons who can be proprietors of Community trade marks. Article 6. Means whereby a Community trade mark is obtained . Article 7. Absolute grounds f...

Commission Regulation (EC) No 2868/95

Article 1 - Title I. Application Procedure - Rule 1 Content of the application - Rule 2 List of goods and services - Rule 3 Representation of the mark - Rule 4 Fees for the application - Rule 5 Filing of the application - Rule 5a Search report - Rule 6 Claiming priority - Rule 7 Exhibition priority - Rule 8 Claiming the seniority of a national trade mark Rule 9 Examination of requirements for a filing date and of formal requirements Rule 10 Searches by national offices - Rule 11 Exami...

Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)

Article 1 . General Article 2 . Fees provided for in the Regulation and Regulation (EC) No 2868/95 Article 3 . Charges laid down by the President . Article 4 . Due date for fees and charges . Article 5 . Payment of fees and charges . Article 6 . Currencies Article 7 . Particulars concerning payment Article 8 . Deemed date of payment Article 9 . Insufficiency of the amount paid Article 10 . Refund of insignificant amounts Article 11 . Individual fee for an international registration desi...

Commission Regulation (EC) No 216/96 of 5 February 1996 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market

Article 1 . Presidium of the Boards of Appeal Article 1(a) Grand Board Article 1(b) . Referral to the Grand Board Article 1(c) Decisions by a single member Article 1(d) . Referral of a case following a ruling of the Court of Justice Article 2 . Replacement of members Article 3 . Exclusion and objection Article 4 . Rapporteurs Article 5 . Registry Article 6 . Change in the composition of a Board Article 7 . Joinder of appeal proceedings Article 8 . Procedure Article 9 . Oral proceedings...

Joint statements by the Council and the Commission of the European Communities entered in the minutes of the Council meeting at which the Regulation on the Community Trade Mark was adopted on 20 December 1993

First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC) (OJ EC No L 40 of 11.2.1989, p. 1)

Article 1 . Scope Article 2 . Signs of which a trade mark may consist Article 3 . Grounds for refusal or invalidity Article 4 . Further grounds for refusal or invalidity concerning conflicts with earlier rights Article 5 . Rights conferred by a trade mark Article 6 . Limitation of the effects of a trade mark Article 7 . Exhaustion of the rights conferred by a trade mark Article 8 . Licensing Article 9 . Limitation in consequence of acquiescence Article 10 . Use of trade marks Article...

Joint statements by the Council and the Commission of the European Communities entered in the minutes of the Council meeting, on the first Council Directive approximating the laws of the Member States on trade marks adopted on 21 December 1988 (OJ OHIM 1996, 607)

International Treaties

Paris Convention for the Protection of Industrial Property of 20 March 1883 as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967 and as amended on September 28, 1979 (OJ OHIM 1997, 805)

Article 1 . Establishment of the Union; Scope of Industrial Property Article 2 . National Treatment for Nationals of Countries of the Union Article 3 . Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union Article 4 Article 5 Article 5 bis Article 6 . Marks: Conditions of Registration; Independence of Protection of Same Mark in Different Countries Article 6 bis Article 6 ter Article 6 quater . Marks: Assignment of Marks Article 6 quinquies . Mark...

Agreement on Trade-Related Aspects of Intellectual Property Rights of 15 April 1994 (OJ EC No L 336 of 23.12.1994, p. 213) (OJ OHIM 1996, 1579)

Part I . General Provisions And Basic Principles Article 1 . Nature and Scope of Obligations Article 2 . Intellectual Property Conventions Article 3 . National Treatment Article 4 . Most-Favoured-Nation Treatment Article 5 . Multilateral Agreements on Acquisition or Maintenance of Protection Article 6 . Exhaustion Section 2: Trademarks Article 15 . Protectable Subject Matter Article 16 . Rights Conferred Article 17 .Exceptions Article 18 . Term of Protection Article 19 . Requireme...

Protocol adopted at Madrid on 27 June 1989 relating to the Madrid Agreement concerning the international registration of marks (OJ EC No L 296 of 14.11.2003, p. 22) (OJ OHIM 2004, 135)

Article 1 . Membership in the Madrid Union Article 2 . Securing protection through international registration Article 3 . International application Article 3bis . Territorial effect Article 3ter . Request for "territorial extension" Article 4 . Effects of international registration Article 4bis . Replacement of a national or regional registration by an international registration Article 5 . Refusal and invalidation of effects of international registration in respect of certain contracti...

Council Decision of 27 October 2003 approving the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989 (OJ EC No L 296 of 14.11.2003, p. 20) (OJ OHIM 2004, 127)

Article 1 Article 2 Article 3

Decisions and Communications of the President of the Office

Decisions and Communications of the President of the Office

Decision No Ex-96-3 of the President of the Office of 5 March 1996 concerning the evidence to be provided on claiming priority or seniority (OJ OHIM 1996, 395) - Article 1 . Documents to support a claim of priority - Article 2 . Documents to support a claim of seniority - Article 3 . Entry into force - Decision No Ex-97-1 of the President of the Office of 1 April 1997 determining the form of decisions, communications and notices from the Office (OJ OHIM 1997, 423) - Article 1 - Article 2 - ...