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Council Regulation (EC) No 40/94 (repealed)Show full title
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (repealed)
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- Revised 13/04/20090.44 MB
- Revised 10/03/20080.24 MB
- Revised 01/01/20070.23 MB
- Revised 25/07/20050.27 MB
- Revised 27/12/20040.23 MB
- Revised 01/10/20030.19 MB
- Revised 05/06/20030.19 MB
- Revised 01/01/19960.19 MB
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Changes over time for: Article 29
Version Superseded: 13/04/2009
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Article 29U.K.Right of priority
[F11. A person who has duly filed an application for a trade mark in or for any State party to the Paris Convention or to the Agreement establishing the World Trade Organization, or his successors in title, shall enjoy, for the purpose of filing a Community trade mark application for the same trade mark in respect of goods or services which are identical with or contained within those for which the application has been filed, a right or priority during a period of six months from the date of filing of the first application.]
2.Every filing that is equivalent to a regular national filing under the national law of the State where it was made or under bilateral or multilateral agreements shall be recognized as giving rise to a right of priority.
3.By a regular national filing is meant any filing that is sufficient to establish the date on which the application was filed, whatever may be the outcome of the application.
4.A subsequent application for a trade mark which was the subject of a previous first application in respect of the same goods or services, and which is filed in or in respect of the same State shall be considered as the first application for the purposes of determining priority, provided that, at the date of filing of the subsequent application, the previous application has been withdrawn, abandoned or refused, without being open to public inspection and without leaving any rights outstanding, and has not served as a basis for claiming a right of priority. The previous application may not thereafter serve as a basis for claiming a right of priority.
[F15. If the first filing has been made in a State which is not a party to the Paris Convention or to the Agreement establishing the World Trade Organization, paragraphs 1 to 4 shall apply only in so far as that State, according to published findings, grants, on the basis of the first filing made at the Office and subject to conditions equivalent to those laid down in this Regulation, a right of priority having equivalent effect.]
Textual Amendments
F1 Inserted by Council Regulation (EC) No 3288/94 of 22 December 1994.
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