LegalizeRegulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) (Text with EEA relevance)
REGULATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2017 on the European Union trade mark (codification) (Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
EU trade mark
Article 2
Office
Article 3
Capacity to act
For the purpose of implementing this Regulation, companies or firms and other legal bodies shall be regarded as legal persons if, under the terms of the law governing them, they have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other legal acts, and to sue and be sued.
CHAPTER II
THE LAW RELATING TO TRADE MARKS
SECTION 1
Definition of an EU trade mark and obtaining an EU trade mark
Article 4
Signs of which an EU trade mark may consist
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 packaging of goods, or sounds, provided that such signs are capable of:
(a) distinguishing the goods or services of one undertaking from those of other undertakings; and
(b) being represented on the Register of European Union trade marks (‘the Register’), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
Article 5
Persons who can be proprietors of EU trade marks
Any natural or legal person, including authorities established under public law, may be the proprietor of an EU trade mark.
Article 6
Means whereby an EU trade mark is obtained
An EU trade mark shall be obtained by registration.
Article 7
Absolute grounds for refusal
The following shall not be registered:
(a) signs which do not conform to the requirements of Article 4;
(b) trade marks which are devoid of any distinctive character;
(c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics 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 which consist exclusively of: (i) the shape, or another characteristic, which results from the nature of the goods themselves; (ii) the shape, or another characteristic, of goods which is necessary to obtain a technical result; (iii) the shape, or another characteristic, which gives substantial value to the goods;
(f) trade marks which are contrary to public policy or to accepted principles of morality;
(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 which have not been authorised by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention for the Protection of Industrial Property (‘Paris Convention’);
(i) trade marks which include badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention and which are of particular public interest, unless the consent of the competent authority 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 concerned is party, providing for protection of designations of origin and geographical indications;
(k) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional terms for wine;
(l) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional specialities guaranteed;
(m) trade marks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with Union legislation or national law, or international agreements to which the Union or the Member State concerned is a party, providing for protection of plant variety rights, and which are in respect of plant varieties of the same or closely related species.
Article 8
Relative grounds for refusal
Upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered:
(a) if it is identical with the earlier trade mark and the goods or services for which registration is applied for are identical with the goods or services for which the earlier trade mark is protected;
(b) if, because of its identity with, or similarity to, the earlier trade mark and the identity or similarity 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 protected; the likelihood of confusion includes the likelihood of association with the earlier trade mark.
For the purposes of paragraph 1, ‘earlier trade mark’ means:
(a) trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the EU trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks: (i) EU trade marks; (ii) trade marks registered in a Member State, or, in the case of Belgium, the Netherlands or Luxembourg, at the Benelux Office for Intellectual Property; (iii) trade marks registered under international arrangements which have effect in a Member State; (iv) trade marks registered under international arrangements which 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 appropriate, 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 known’ are used in Article 6bis of the Paris Convention.
Upon opposition by the proprietor of a non-registered 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 registered 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 proprietor the right to prohibit the use of a subsequent trade mark.
Upon opposition by any person authorised 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 registered where and to the extent that, pursuant to the Union legislation or national law providing for the protection 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 confers the right to prohibit the use of a subsequent trade mark.
SECTION 2
Effects of an EU trade mark
Article 9
Rights conferred by an EU trade mark
Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the EU trade mark, the proprietor 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 which 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 registered, 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 which are identical with, similar to or not similar to those for which the EU trade mark is registered, where the latter has a reputation in the Union and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the EU trade mark.
The following, in particular, may be prohibited under paragraph 2:
(a) affixing the sign to the goods or to the packaging of those goods;
(b) offering the goods, putting them on the market, or stocking them for those purposes under the sign, or offering or supplying services thereunder;
(c) importing or exporting the goods under the sign;
(d) using the sign as a trade or company name or part of a trade or company name;
(e) using the sign on business papers and in advertising;
(f) using the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC.
The entitlement of the proprietor of an EU trade mark pursuant to the first subparagraph shall lapse if, during the proceedings to determine 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 proprietor of the EU trade mark is not entitled to prohibit the placing of the goods on the market in the country of final destination.
Article 10
Right to prohibit preparatory acts in relation to the use of packaging or other means
Where the risk exists that the packaging, labels, tags, security or authenticity features or devices or any other means to which the mark is affixed could be used in relation to goods or services and such use would constitute an infringement of the rights of the proprietor of an EU trade mark under Article 9(2) and (3), the proprietor 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 packaging, labels, tags, security or authenticity features or devices or any other means to which the mark may be affixed;
(b) offering or placing on the market, or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity features or devices or any other means to which the mark is affixed.
Article 11
Date from which rights against third parties prevail
Article 12
Reproduction of an EU trade mark in a dictionary
If the reproduction of an EU trade mark in a dictionary, encyclopaedia or similar reference work gives the impression that it constitutes the generic name of the goods or services for which the trade mark is registered, the publisher of the work shall, at the request of the proprietor of the EU trade mark, ensure that the reproduction of the trade mark at the latest in the next edition of the publication is accompanied by an indication that it is a registered 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 registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's authorisation, the latter shall be entitled to oppose the use of his mark by his agent or representative if he has not authorised such use, unless the agent or representative justifies his action.
Article 14
Limitation of the effects of an EU trade mark
An EU trade mark shall not entitle the proprietor 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 concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of the goods or services;
(c) the EU trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of that trade mark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts.
Article 15
Exhaustion of the rights conferred by an EU trade mark
Article 16
Intervening right of the proprietor of a later registered trade mark as a defence in infringement proceedings
Article 17
Complementary application of national law relating to infringement
SECTION 3
Use of an EU trade mark
Article 18
Use of an EU trade mark
The following shall also constitute use within the meaning of the first subparagraph:
(a) use of the EU trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor;
(b) affixing of the EU trade mark to goods or to the packaging thereof in the Union solely for export purposes.
SECTION 4
EU trade marks as objects of property
Article 19
Dealing with EU trade marks as national trade marks
Unless Articles 20 to 28 provide otherwise, an EU trade mark as an object of property shall be dealt with in its entirety, and for the whole area of the Union, as a national trade mark registered in the Member State in which, according to the Register:
(a) the proprietor has his seat or his domicile on the relevant date;
(b) where point (a) does not apply, the proprietor has an establishment on the relevant date.
Article 20
Transfer
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 registered proprietor and the successor in title;
(c) the details of how to process applications for partial transfers, ensuring 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 adopted in accordance with the examination procedure referred to in Article 207(2).
Article 21
Transfer of a trade mark registered in the name of an agent
The proprietor may submit a request for assignment pursuant to paragraph 1 of this Article to the following:
(a) the Office, pursuant to Article 60(1)(b), instead of an application for a declaration of invalidity;
(b) a European Union trade mark court (‘EU trade mark court’) as referred to in Article 123, instead of a counterclaim for a declaration of invalidity based on Article 128(1).
Article 22
Rights in rem
Article 23
Levy of execution
Article 24
Insolvency proceedings
However, where the debtor is an insurance undertaking or a credit institution as defined in Directive 2009/138/EC of the European Parliament and of the Council (2) and Directive 2001/24/EC of the European Parliament and of the Council (3), respectively, the only insolvency proceedings in which an EU trade mark may be involved are those opened in the Member State where that undertaking or institution has been authorised.
Article 25
Licensing
The proprietor of an EU trade mark may invoke the rights conferred by that trade mark against a licensee who contravenes any provision in his licensing contract with regard to:
(a) its duration;
(b) the form covered by the registration in which the trade mark may be used;
(c) the scope of the goods or services for which the licence is granted;
(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.
Article 26
Procedure for entering licences and other rights in the Register
Article 20 (5) and (6) and the rules adopted pursuant to it and Article 20(8) shall apply *mutatis mutandis* to the registration of a right *in rem* or 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 identification of goods and services to which the transfer relates 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 transfer shall not apply where the request is made by the proprietor of the EU trade mark.
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 exclusive licence;
(b) a sub-licence in the event that the licence is granted by a licensee whose licence is recorded in the Register;
(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 temporary 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.
Article 27
Effects vis-à-vis third parties
Article 28
The application for an EU trade mark as an object of property
Articles 19 to 27 shall apply to applications for EU trade marks.
Article 29
Procedure for cancelling or modifying the entry in the Register of licences and other rights
CHAPTER III
APPLICATION FOR EU TRADE MARKS
SECTION 1
Filing of applications and the conditions which govern them
Article 30
Filing of applications
Article 31
Conditions with which applications must comply
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 which the registration is requested;
(d) a representation of the mark, which satisfies the requirements set out in Article 4(b).
Article 32
Date of filing
The date of filing of an EU trade mark application shall be the date on which the documents containing the information specified in Article 31(1) are filed with the Office by the applicant, subject to payment of the application fee within one month of filing those documents.
Article 33
Designation and classification of goods and services
The declaration shall be filed at the Office by 24 September 2016, and shall indicate, in a clear, precise and specific 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 proprietor's intention. The Office shall take appropriate measures to amend the Register accordingly. 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 referred to in the second subparagraph shall be deemed to extend, as from the expiry 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.
Where the register is amended, the exclusive rights conferred 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 extent 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 proprietor'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 proprietor 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 register 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 proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.
SECTION 2
Priority
Article 34
Right of priority
Article 35
Claiming priority
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 which 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 appropriate with the priority claimed for the EU trade mark application.
SECTION 3
Exhibition priority
Article 38
Exhibition priority
SECTION 4
Seniority of a national trade mark
Article 39
Claiming seniority of a national trade mark in an application for an EU trade mark or subsequent to the filing of the application
Article 40
Claiming seniority of a national trade mark after registration of an EU trade mark
CHAPTER IV
REGISTRATION PROCEDURE
SECTION 1
Examination of applications
Article 41
Examination of the conditions of filing
The Office shall examine whether:
(a) the EU trade mark application satisfies the requirements for the accordance of a date of filing in accordance with Article 32;
(b) the EU trade mark application complies with the conditions and requirements referred to in Article 31(3);
(c) where appropriate, the class fees have been paid within the prescribed period.
Article 42
Examination as to absolute grounds for refusal
SECTION 2
Search
Article 43
Search report
SECTION 3
Publication of the application
Article 44
Publication of the application
The rules adopted pursuant to Article 49(3) shall apply mutatis mutandis where a correction is requested by the applicant.
SECTION 4
Observations by third parties and opposition
Article 45
Observations by third parties
Persons and groups or bodies as referred to in the first subparagraph shall not be parties to the proceedings before the Office.
Article 46
Opposition
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 proprietors of earlier trade marks referred to in Article 8(2) as well as licensees authorised by the proprietors of those trade marks, in respect of Article 8(1) and (5);
(b) by the proprietors of trade marks referred to in Article 8(3);
(c) by the proprietors of earlier marks or signs referred to in Article 8(4) and by persons authorised under the relevant national law to exercise these rights;
(d) by the persons authorised under the relevant Union legislation or national law to exercise the rights referred to in Article 8(6).
Article 47
Examination of opposition
Article 48
Delegation of powers
The Commission is empowered to adopt delegated 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
Withdrawal, restriction, amendment and division of the application
Article 49
Withdrawal, restriction and amendment of the application
Article 50
Division of the application
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 directed, until the decision of the Opposition Division has become final or the opposition proceedings are finally terminated otherwise;
(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).
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, ensuring 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 adopted in accordance with the examination procedure referred to in Article 207(2).
SECTION 6
Registration
Article 51
Registration
CHAPTER V
DURATION, RENEWAL, ALTERATION AND DIVISION OF EU TRADE MARKS
Article 52
Duration of registration
EU trade marks shall be registered 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
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 registered goods and services, an indication of those classes or those goods and services for which renewal is requested, 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 classification to which that group of goods or services belongs, and presented in the order of classes of that classification.
If the payment referred to in paragraph 3 is made, it shall be deemed to constitute a request for renewal provided that it contains all necessary indications to establish the purpose of the payment.
Article 54
Alteration
The Commission shall adopt implementing acts specifying the details to be contained in the request for alteration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).
Article 55
Change of the name or address
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 adopted in accordance with the examination procedure referred to in Article 207(2).
Article 56
Division of the registration
The declaration of division shall not be admissible:
(a) if, where an application for revocation of rights or for a declaration of invalidity has been entered at the Office against the original registration, such a divisional declaration has the effect of introducing a division amongst the goods or services against which 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 terminated otherwise;
(b) if, where a counterclaim for revocation or for a declaration of invalidity has been entered in a case before an EU trade mark court, such a divisional declaration has the effect of introducing a division amongst the goods or services against which the counterclaim is directed, until the mention of the EU trade mark court's judgment is recorded in the Register pursuant to Article 128(6).
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, ensuring that a separate file, including a new registration number, is established for the divisional registration.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).
CHAPTER VI
SURRENDER, REVOCATION AND INVALIDITY
SECTION 1
Surrender
Article 57
Surrender
SECTION 2
Grounds for revocation
Article 58
Grounds for revocation
The rights of the proprietor of the EU trade mark shall be declared to be revoked on application to the Office or on the basis of a counterclaim 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 which it is registered, and there are no proper reasons for non-use; however, no person may claim that the proprietor's rights in an EU trade mark should be revoked where, during the interval between expiry of the five-year period and filing of the application or counterclaim, genuine use of the trade mark has been started or resumed; the commencement or resumption of use within a period of three months preceding the filing of the application or counterclaim which began at the earliest on expiry of the continuous period of five years of non-use shall, however, be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application or counterclaim may be filed;
(b) if, in consequence of acts or inactivity of the proprietor, the trade mark has become the common name in the trade for a product or service in respect of which it is registered;
(c) if, in consequence of the use made of the trade mark by the proprietor 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.
SECTION 3
Grounds for invalidity
Article 59
Absolute grounds for invalidity
An EU trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings:
(a) where the EU trade mark has been registered contrary to the provisions of Article 7;
(b) where the applicant was acting in bad faith when he filed the application for the trade mark.
Article 60
Relative grounds for invalidity
An EU trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings:
(a) where there is an earlier trade mark as referred 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;
(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 referred to in Article 8(6) and the conditions set out in that paragraph are fulfilled.
All the conditions referred to in the first subparagraph shall be fulfilled at the filing date or the priority date of the EU trade mark.
An EU trade mark shall also be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings where the use of such trade mark may be prohibited pursuant to another earlier right under the Union legislation or national law governing its protection, and in particular:
(a) a right to a name;
(b) a right of personal portrayal;
(c) a copyright;
(d) an industrial property right.
Article 61
Limitation in consequence of acquiescence
SECTION 4
Consequences of revocation and invalidity
Article 62
Consequences of revocation and invalidity
Subject to the national provisions relating either to claims for compensation for damage caused by negligence or lack of good faith on the part of the proprietor of the trade mark, or to unjust enrichment, the retroactive effect of revocation or invalidity of the trade mark shall not affect:
(a) any decision on infringement which has acquired the authority of a final decision and been enforced prior to the revocation or invalidity decision;
(b) any contract concluded prior to the revocation or invalidity decision, in so far as it has been performed before that decision; however, repayment, to an extent 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
An application for revocation of the rights of the proprietor 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, which, under the terms 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 referred to in Article 46(1);
(c) where Article 60(2) applies, by the owners of the earlier rights referred to in that provision or by the persons who are entitled under Union legislation or the law of the Member State concerned to exercise the rights in question.
Article 64
Examination of the application
Article 65
Delegation of powers
The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying the details of the procedures governing the revocation and declaration of invalidity of an EU trade mark as referred to in Articles 63 and 64, as well as the transfer of an EU trade mark registered in the name of an agent as referred to in Article 21.
CHAPTER VII
APPEALS
Article 66
Decisions subject to 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
Article 69
Revision of decisions in ex parte cases
Article 70
Examination of appeals
Article 71
Decisions in respect of appeals
Article 72
Actions before the Court of Justice
Article 73
Delegation of powers
The Commission is empowered to adopt delegated acts in accordance with Article 208 specifying:
(a) the formal content 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 content and form of the Board of Appeal's decisions as referred to in Article 71;
(c) the reimbursement of the appeal fee referred to in Article 68.
CHAPTER VIII
SPECIFIC PROVISIONS ON EUROPEAN UNION COLLECTIVE MARKS AND CERTIFICATION MARKS
SECTION 1
EU collective marks
Article 74
EU collective marks
Article 75
Regulations governing use of an EU collective mark
Article 76
Refusal of the application
Article 77
Observations by third parties
Where written observations on an EU collective mark are submitted to the Office pursuant to Article 45, those observations 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 marks
Use of an EU collective mark by any person who has authority to use it shall satisfy the requirements of this Regulation, provided that the other conditions which 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 collective mark
Article 80
Persons who are entitled to bring an action for infringement
Article 81
Grounds for revocation
Apart from the grounds for revocation provided for in Article 58, the rights of the proprietor of an EU collective mark shall be revoked on application to the Office or on the basis of a counterclaim in infringement proceedings, if:
(a) the proprietor does not take reasonable steps to prevent the mark being used in a manner incompatible with the conditions of use, where these exist, laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the Register;
(b) the manner in which the mark has been used by the proprietor has caused it to become liable to mislead the public in the manner referred to in Article 76(2);
(c) an amendment to the regulations governing use of the mark has been mentioned in the Register in breach of the provisions of Article 79(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of those provisions.
Article 82
Grounds for invalidity
Apart from the grounds for invalidity provided for in Articles 59 and 60, an EU collective mark which is registered in breach of the provisions of Article 76 shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings, unless the proprietor of the mark, by amending the regulations governing use, complies with the requirements of those provisions.
SECTION 2
EU certification marks
Article 83
EU certification marks
Article 84
Regulations governing use of an EU certification mark
Article 85
Refusal of the application
Article 86
Observations by third parties
Where written observations on an EU certification mark are submitted to the Office pursuant to Article 45, those observations may also be based on the particular grounds on which 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 certification mark by any person who has authority 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
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).
Article 90
Persons who are entitled to bring an action for infringement
Article 91
Grounds for revocation
In addition to the grounds for revocation provided for in Article 58, the rights of the proprietor of an EU certification mark shall be revoked on application to the Office or on the basis of a counterclaim in infringement proceedings, where any of the following conditions is fulfilled:
(a) the proprietor no longer complies with the requirements set out in Article 83(2);
(b) the proprietor does not take reasonable steps to prevent the EU certification mark being used in a manner that is incompatible with the conditions of use laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the Register;
(c) the manner in which the EU certification mark has been used by the proprietor 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 certification mark has been mentioned in the Register in breach of Article 88(2), unless the proprietor of the mark, by further amending the regulations governing use, complies 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 certification mark which is registered in breach of Article 85 shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings, unless the proprietor of the EU certification mark, by amending the regulations governing use, complies with the requirements of Article 85.
Article 93
Conversion
Without prejudice to Article 139(2), conversion of an application for an EU certification mark or of a registered EU certification mark shall not take place where the national law of the Member State concerned does not provide for the registration of guarantee or certification marks pursuant to Article 28 of Directive (EU) 2015/2436.
CHAPTER IX
PROCEDURE
SECTION 1
General provisions
Article 94
Decisions and communications of the Office
Article 95
Examination of the facts by the Office of its own motion
Article 96
Oral proceedings
Article 97
Taking of evidence
In any proceedings before the Office, the means of giving or obtaining evidence shall include the following:
(a) hearing the parties;
(b) requests for information;
(c) the production of documents and items of evidence;
(d) hearing witnesses;
(e) opinions by experts;
(f) statements in writing sworn or affirmed or having a similar effect under the law of the State in which the statement is drawn up.
Article 98
Notification
Article 99
Notification of loss of rights
Where the Office finds that the loss of any rights results from this Regulation or acts adopted pursuant to this Regulation, without any decision having been taken, it shall communicate this to the person concerned in accordance with Article 98. The latter may apply for a decision on the matter within two months of notification of the communication, if he considers that the finding of the Office is incorrect. The Office shall adopt such a decision only where it disagrees with the person requesting it; otherwise the Office shall amend its finding and inform the person requesting the decision.
Article 100
Communications to the Office
Article 101
Time limits
Article 102
Correction of errors and manifest oversights
Article 103
Revocation of decisions
Article 104
Restitutio in integrum
Article 105
Continuation of proceedings
Article 106
Interruption of proceedings
Proceedings before the Office shall be interrupted:
(a) in the event of the death or legal incapacity of the applicant for, or proprietor of, an EU trade mark or of the person authorised by national law to act on his behalf. To the extent that that death or incapacity does not affect the authorisation of a representative appointed under Article 120, proceedings shall be interrupted only on application by such representative;
(b) in the event of the applicant for, or proprietor of, an EU trade mark being prevented, for legal reasons resulting from action taken against his property, from continuing the proceedings before the Office;
(c) in the event of the death or legal incapacity of the representative of an applicant for, or proprietor of, an EU trade mark, or of that representative being prevented, for legal reasons resulting from action taken against his property, from continuing the proceedings before the Office.
Article 107
Reference to general principles
In the absence of procedural provisions in this Regulation or in acts adopted 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
SECTION 2
Costs
Article 109
Costs
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 expert and the place where the oral proceedings are held, the procedural stage at which the costs have been incurred, and, as far as costs of representation within the meaning of Article 120(1) are concerned, the need to ensure that the obligation 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 Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (4) (‘the Staff Regulations’ and ‘Conditions of Employment’ respectively).
The losing party shall bear the costs for one opposing party only and, where applicable, one representative only.
Article 110
Enforcement of decisions fixing the amount of costs
SECTION 3
Information which may be made available to the public and to the authorities of the Member States
Article 111
Register of EU trade marks
The Register shall contain the following entries 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 referred to in the first sentence of Article 119(3);
(f) the representation of the mark, with indications as to its nature; and, where applicable, a description 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 seniority of a registered earlier trade mark as referred 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 which the application was filed and the second language which the applicant has indicated in his application, pursuant to Article 146(3);
(o) the date of registration of the mark in the Register and the registration number;
(p) a statement that the application is the result of a transformation of an international registration designating the Union, pursuant to Article 204 of this Regulation, together with the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date on which the territorial extension to the Union made subsequent to the international registration pursuant to Article 3ter(2) of the Madrid Protocol was recorded and, where applicable, the date of priority of the international registration.
The Register shall also contain the following entries, each accompanied by the date of recording of such entry:
(a) changes in the name, address or nationality of the proprietor of an EU trade mark or a change in the State in which 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 referred to in the first sentence 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 seniority of a registered earlier trade mark as referred to in Article 39, pursuant to Article 40;
(g) total or partial transfers 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 execution 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 which it takes effect and any restrictions pursuant to Article 53(4);
(l) a record of a determination of the expiry of a registration pursuant to Article 53;
(m) declarations of withdrawal or surrender by the proprietor 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 counterclaim 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 content of a decision on an opposition, on an application or counterclaim pursuant to Article 64(6) or the third sentence of Article 128(6), or on an appeal pursuant to Article 71;
(p) a record of the receipt of a request for conversion 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 seniority of a national mark;
(s) the modification to or cancellation from the Register of the items referred 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 registered as an EU trade mark pursuant to Article 185(1);
(v) the date and number of international 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;
(x) the revocation of a decision or an entry in the Register pursuant to Article 103, where the revocation concerns a decision or entry which has been published;
(y) notice of amendments to the regulations governing the use of the EU certification mark pursuant to Article 88.
The processing of the data concerning the entries set out in paragraphs 2 and 3, including any personal data, shall take place for the purposes of:
(a) administering the applications and/or registrations as described in this Regulation and acts adopted pursuant to it;
(b) maintaining a public register for inspection by, and the information of, public authorities and economic operators, in order to enable them to exercise the rights conferred on them by this Regulation and be informed about the existence of prior rights belonging to third parties; and
(c) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.
Article 112
Database
The electronic database may include personal data, beyond those included in the Register pursuant to Article 111, to the extent that such particulars are required by this Regulation or by acts adopted pursuant to it. The collection, storage and processing of such data shall serve the purposes of:
(a) administering the applications and/or registrations as described in this Regulation and in acts adopted pursuant to it;
(b) accessing the information necessary for conducting the relevant proceedings more easily and efficiently;
(c) communicating with the applicants and other parties to the proceedings;
(d) producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.
Article 113
Online access to decisions
Article 114
Inspection of files
Article 115
Keeping of files
Article 116
Periodical publications
The Office shall periodically publish:
(a) a European Union Trade Marks Bulletin containing publications of applications and of entries made in the Register 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 adopted pursuant to it;
(b) an Official Journal of the Office containing notices and information of a general character issued by the Executive Director, as well as any other information relevant to this Regulation or its implementation.
The publications referred to in points (a) and (b) of the first subparagraph may be effected by electronic means.
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 entries regarding the registration of a trade mark which do not contain changes as compared to the publication of the application;
(c) the forms in which editions of the Official Journal of the Office may be made available to the public.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).
Article 117
Administrative cooperation
Article 118
Exchange of publications
SECTION 4
Representation
Article 119
General principles of representation
Article 120
Professional representatives
Representation of natural or legal persons before the Office may only be undertaken by:
(a) a legal practitioner qualified in one of the Member States of the European Economic Area and having his place of business within the European Economic Area, to the extent that he is entitled, within the said Member State, to act as a representative in trade mark matters;
(b) professional representatives whose names appear on the list maintained for this purpose by the Office.
Representatives acting before the Office shall, at the request of the Office or, where appropriate, of the other party to the proceedings, file with it a signed authorisation for insertion on the files.
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;
(b) having his place of business or employment in the European Economic Area;
(c) being entitled to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or before the central industrial property office of a Member State of the European Economic Area. Where, in the State concerned, the entitlement is not conditional upon the requirement of special professional qualifications, persons applying to be entered on the list who act in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices shall have habitually so acted for at least five years. However, persons whose professional qualification to represent natural or legal persons in trade mark matters before the Benelux Office for Intellectual Property or those central industrial property offices is officially recognised in accordance with the regulations laid down by the State concerned shall not be required to have exercised the profession.
The Executive Director may grant an exemption from:
(a) the requirement in the second sentence of paragraph 2(c), if the applicant furnishes proof that he has acquired the requisite qualification in another way;
(b) the requirement set out in paragraph 2(a) in the case of highly qualified professionals, provided that the requirements set out in paragraph 2(b) and (c) are fulfilled.
Article 121
Delegation of powers
The Commission is empowered to adopt delegated 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 which employees referred to in Article 119(3) and professional representatives referred to in Article 120(1) shall file with the Office a signed authorisation in order to undertake representation, and the content of that authorisation;
(c) the circumstances in which a person may be removed from the list of professional representatives referred to in Article 120(5).
CHAPTER X
JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO EU TRADE MARKS
SECTION 1
Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Article 122
Application of Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
In the case of proceedings in respect of the actions and claims referred 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 Chapter 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.
SECTION 2
Disputes concerning the infringement and validity of EU trade marks
Article 123
EU trade mark courts
Article 124
Jurisdiction over infringement and validity
The EU trade mark courts shall have exclusive 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-infringement, if they are permitted under national law;
(c) for all actions brought as a result of acts referred to in Article 11(2);
(d) for counterclaims for revocation or for a declaration of invalidity of the EU trade mark pursuant to Article 128.
Article 125
International jurisdiction
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 different EU trade mark court shall have jurisdiction;
(b) Article 26 of Regulation (EU) No 1215/2012 shall apply if the defendant enters an appearance before a different EU trade mark court.
Article 126
Extent of jurisdiction
An EU trade mark court whose jurisdiction is based on Article 125(1) to (4) shall have jurisdiction in respect of:
(a) acts of infringement committed or threatened within the territory of any of the Member States;
(b) acts referred to in Article 11(2) committed within the territory of any of the Member States.
Article 127
Presumption of validity — Defence as to the merits
Article 128
Counterclaims
Article 129
Applicable law
Article 130
Sanctions
Article 131
Provisional and protective measures
Article 132
Specific rules on related actions
Article 133
Jurisdiction of EU trade mark courts of second instance — Further appeal
SECTION 3
Other disputes concerning EU trade marks
Article 134
Supplementary provisions on the jurisdiction of national courts other than EU trade mark courts
Article 135
Obligation of the national court
A national court which is dealing with an action relating to an EU trade mark, other than the action referred 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 more than one trade mark
Article 136
Simultaneous and successive civil actions on the basis of EU trade marks and national trade marks
Where actions for infringement involving the same cause of action and between the same parties are brought in the courts of different 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 court other than the court first seised shall of its own motion decline jurisdiction in favour of that court where the trade marks concerned are identical and valid for identical goods or services. The court which would be required to decline jurisdiction may stay its proceedings if the jurisdiction of the other court is contested;
(b) the court other than the court first seised may stay its proceedings where the trade marks concerned are identical and valid for similar goods or services and where the trade marks concerned are similar and valid for identical or similar goods or services.
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
Article 138
Prior rights applicable to particular localities
SECTION 3
Conversion into a national trade mark application
Article 139
Request for the application of national procedure
The applicant for or proprietor of an EU trade mark may request the conversion 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, withdrawn, or deemed to be withdrawn;
(b) to the extent that the EU trade mark ceases to have effect.
Conversion shall not take place:
(a) where the rights of the proprietor of the EU trade mark have been revoked on the grounds of non-use, unless in the Member State for which conversion is requested 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 which, in accordance with the decision of the Office or of the national court, grounds for refusal of registration or grounds for revocation or invalidity apply to the EU trade mark application or EU trade mark.
Article 140
Submission, publication and transmission of the request for conversion
The Commission shall adopt implementing acts specifying:
(a) the details to be contained in a request for conversion of an EU trade mark application or a registered EU trade mark into a national trade mark application pursuant to paragraph 1;
(b) the details which are to be contained in the publication of the request for conversion pursuant to paragraph 2.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).
Article 141
Formal requirements for conversion
Any central industrial property office to which the request is transmitted 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 languages of the State in question of the request and of the documents accompanying 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 specified by the State in question.
CHAPTER XII
THE OFFICE
SECTION 1
General provisions
Article 142
Legal status
Article 143
Staff
Article 144
Privileges and immunities
The Protocol on the Privileges and Immunities of the Union shall apply to the Office and its staff.
Article 145
Liability
Article 146
Languages
If the application was filed in a language which is not one of the languages of the Office, the Office shall arrange to have the application, as described in Article 31(1), translated into the language indicated by the applicant.
Without prejudice to paragraph 5:
(a) any application or declaration relating to an EU trade mark application may be filed in the language 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 languages of the Office.
However, when the application is filed by using any form provided by the Office as referred to in Article 100(2), such forms may be used in any of the official languages of the Union, provided that the form is completed in one of the languages of the Office, as far as textual elements are concerned.
If the language chosen, in accordance with paragraph 5, for the notice of opposition or the application for revocation or invalidity is neither the language of the application for a trade mark nor the second language indicated when the application was filed, the opposing party or the party seeking revocation or invalidity shall be required to produce, at his own expense, a translation of his application either into the language of the application for a trade mark, provided that it is a language of the Office, or into the second language indicated when the application was filed. The translation shall be produced within one month of the expiry of the opposition period or of the date of filing an application for revocation or a declaration of invalidity. The language into which the application has been translated shall then become the language of the proceedings.
The Commission shall adopt implementing acts specifying:
(a) the extent to which supporting documents to be used in written proceedings before the Office 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 Office.
Those implementing acts shall be adopted in accordance with the examination procedure referred to Article 207(2).
Article 147
Publication and entries in the Register
Article 148
Translation services
The translation services required for the functioning of the Office shall be provided by the Translation Centre for the Bodies of the European Union.
Article 149
Transparency
Article 150
Security rules on the protection of classified and sensitive non-classified information
The Office shall apply the security principles contained in the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in Commission Decisions (EU, Euratom) 2015/443 (7) and 2015/444 (8). The security principles shall cover, inter alia, provisions for the exchange, processing and storage of such information.
SECTION 2
Tasks of the office and cooperation to promote convergence
Article 151
Tasks of the Office
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 (9);
(ba) administration and promotion of geographical indications for craft and industrial products, in particular the tasks conferred on it under Regulation (EU) 2023/2411 of the European Parliament and of the Council (10) and promotion of the system for the protection of those geographical indications;
(c) promoting convergence of practices and tools in the fields of trade marks and designs, in cooperation with the central industrial property offices in the Member States, including the Benelux Office for Intellectual Property;
(d) the tasks referred to in Regulation (EU) No 386/2012 of the European Parliament and of the Council (11);
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