Council Regulation (EC) No 207/2009 (repealed)Dangos y teitl llawn

SECTION 3 U.K. Information which may be made available to the public and of the authorities of the Member States

[F1 Article 87 U.K. Register of EU trade marks

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

2. 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 92(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 30;

(i) particulars of claims of exhibition priority pursuant to Article 33;

(j) particulars of claims of seniority of a registered earlier trade mark as referred to in Article 34;

(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;

(n) the language in which the application was filed and the second language which the applicant has indicated in his application, pursuant to Article 119(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 161 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 3 ter (2) of the Madrid Protocol was recorded and, where applicable, the date of priority of the international registration.

3. 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 92(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 43 and 48, and corrections of errors;

(e) notice of amendments to the regulations governing the use of the collective mark pursuant to Article 71;

(f) particulars of claims of seniority of a registered earlier trade mark as referred to in Article 34, pursuant to Article 35;

(g) total or partial transfers pursuant to Article 17;

(h) creation or transfer of a right in rem pursuant to Article 19, and the nature of the right in rem ;

(i) levy of execution pursuant to Article 20 and insolvency proceedings pursuant to Article 21;

(j) the grant or transfer of a licence pursuant to Article 22 and, where applicable, the type of licence;

(k) renewal of a registration pursuant to Article 47, the date from which it takes effect and any restrictions pursuant to Article 47(4);

(l) a record of a determination of the expiry of a registration pursuant to Article 47;

(m) declarations of withdrawal or surrender by the proprietor of the mark pursuant to Articles 43 and 50 respectively;

(n) the date of submission and the particulars of an opposition pursuant to Article 41, of an application pursuant to Article 56, or a counterclaim pursuant to Article 100(4) for revocation, or for a declaration of invalidity, or of an appeal pursuant to Article 60;

(o) the date and content of a decision on an opposition, on an application or counterclaim pursuant to Article 57(6) or the third sentence of Article 100(6), or on an appeal pursuant to Article 64;

(p) a record of the receipt of a request for conversion pursuant to Article 113(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 157;

(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 148(1);

(v) the date and number of international registrations based on the EU trade mark pursuant to Article 148(2);

(w) the division of an application pursuant to Article 44 and the division of a registration pursuant to Article 49, 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 80, where the revocation concerns a decision or entry which has been published.

4. The Executive Director may determine that items other than those referred to in paragraphs 2 and 3 of this Article are to be entered in the Register, subject to Article 123(4).

5. The Register may be maintained in electronic form. The Office shall collect, organise, make public and store the items referred to in paragraphs 2 and 3, including any personal data, for the purposes laid down in paragraph 9. The Office shall keep the register easily accessible for public inspection.

6. The proprietor of an EU trade mark shall be notified of any change in the Register.

7. The Office shall provide certified or uncertified extracts from the Register on request and on payment of a fee.

8. 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.

9. All the data, including personal data, concerning the entries 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 entries in the Register shall be kept for an indefinite period of time.]

Textual Amendments

F1 Substituted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

[F2 Article 87a U.K. Database

1. In addition to the obligation to keep a Register within the meaning of Article 87, the Office shall collect and store in an electronic database all the particulars provided by applicants or any other party to the proceedings under this Regulation or acts adopted pursuant to it.

2. The electronic database may include personal data, beyond those included in the Register pursuant to Article 87, to the extent that such particulars are required by this Regulation or 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 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.

3. The Executive Director shall determine the conditions of access to the electronic database and the manner in which its contents, other than the personal data referred to in paragraph 2 of this Article but including those listed in Article 87, may be made available in machine-readable form, including the charge for such access.

4. Access to the personal data referred to in paragraph 2 shall be restricted and such data shall not be made publicly available unless the party concerned has given his express consent.

5. All data shall be kept indefinitely. However, the party concerned may request the removal of any personal data from the database after 18 months from the expiry of the trade mark or the closure of the relevant inter partes procedure. The party concerned shall have the right to obtain the correction of inaccurate or erroneous data at any time.

Textual Amendments

F2 Inserted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

Article 87b U.K. Online access to decisions

1. The decisions of the Office 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 removal of any personal data included in the decision.

2. The Office may provide online access to judgments of national and Union courts related to its tasks in order to raise public awareness of intellectual property matters and promote convergence of practices. The Office shall respect the conditions of the initial publication with regard to personal data.]

Textual Amendments

F2 Inserted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

Article 88 U.K. Inspection of files

1. The files relating to [F1 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 [F1 an] [F1 EU trade mark] has stated that after the trade mark has been registered 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 [F1 EU trade mark] application, the files relating to such application and the resulting trade mark may be inspected on request.

[F1 4. Where the files are inspected pursuant to paragraph 2 or 3 of this Article, documents relating to exclusion or objection pursuant to Article 137, draft decisions and opinions, and all other internal documents used for the preparation of decisions and opinions, as well as parts of the file which the party concerned 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 interests of the party seeking inspection, may be withheld from inspection.]

[F2 5. Inspection of the files of EU trade mark applications and of registered 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 Director shall determine 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 storage 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 uncertified copies of the application for an EU trade mark upon payment of a fee.

8. The files kept by the Office relating to international registrations designating the Union may be inspected on request as from the date of publication referred to in Article 152(1), in accordance with the conditions laid down in paragraphs 1, 3 and 4 of this Article.

9. Subject to the restrictions provided for in paragraph 4, the Office 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 Office may require the exercise of the option to obtain inspection of the file itself should it deem this to be appropriate in view of the quantity of information to be supplied.]

Textual Amendments

F1 Substituted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

F2 Inserted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

[F2 Article 88a U.K. Keeping of files

1. The Office shall keep the files of any procedure relating to an EU trade mark application or EU trade mark registration. The Executive Director shall determine 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 indefinitely. 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 reception by the Office, which shall be determined by the Executive Director.

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 which the application is rejected or withdrawn or is deemed to be withdrawn, the registration of the EU trade mark expires completely pursuant to Article 47, the complete surrender of the EU trade mark is registered pursuant to Article 50, or the EU trade mark is completely removed from the Register pursuant to Article 57(6) or 100(6).]

Textual Amendments

F2 Inserted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

[F1 Article 89 U.K. Periodical publications

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 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 163(2).]

Textual Amendments

F1 Substituted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

Article 90 U.K. Administrative cooperation

[F2 1.] Unless otherwise provided in this Regulation or in national laws, the Office and the courts or authorities of the Member States shall on request give assistance to each other by communicating information or opening files for inspection. Where the Office lays files open to inspection by courts, Public Prosecutors' Offices or central industrial property offices, the inspection shall not be subject to the restrictions laid down in Article 88.

[F2 2. The Office shall not charge fees for the communication of information or the opening of files for inspection.

3. The Commission shall adopt implementing acts specifying the detailed arrangements as to how the Office and the authorities of the Member States are to exchange information between each other and open files for inspection, taking into account the restrictions to which the inspection of files relating to EU trade mark applications or registrations is subject, pursuant to Article 88, when it is opened to third parties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 163(2).]

Textual Amendments

F2 Inserted by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance).

Article 91 U.K. Exchange of publications

1. The Office and the central industrial property offices of the Member States shall despatch to each other on request and for their own use one or more copies of their respective publications free of charge.

2. The Office may conclude agreements relating to the exchange or supply of publications.