TITLE IGENERAL PROVISIONSArticle 1Community trade markArticle 2OfficeArticle 3Capacity to act

TITLE IGENERAL PROVISIONS

TITLE IITHE LAW RELATING TO TRADE MARKS

SECTION 1DEFINITION OF A COMMUNITY TRADE MARK OBTAINING A COMMUNITY TRADE MARK

Article 4Signs of which a Community trade mark may consist

Article 5Persons who can be proprietors of Community trade marks

Article 6Means whereby a Community trade mark is obtained

Article 7Absolute grounds for refusal

Article 8Relative grounds for refusal

SECTION 2EFFECTS OF COMMUNITY TRADE MARKS

Article 9Rights conferred by a Community trade mark

Article 10Reproduction of Community trade marks in dictionaries

Article 11Prohibition on the use of a Community trade mark registered in the name of an agent or representative

Article 12Limitation of the effects of a Community trade mark

Article 13Exhaustion of the rights conferred by a Community trade mark

Article 14Complementary application of national law relating to infringement

SECTION 3USE OF COMMUNITY TRADE MARKS

Article 15Use of Community trade marks

SECTION 4COMMUNITY TRADE MARKS AS OBJECTS OF PROPERTY

Article 16Dealing with Community trade marks as national trade marks

Article 17Transfer

Article 18Transfer of a trade mark registered in the name of an agent

Article 19Rights in rem

Article 20Levy of execution

Article 21Insolvency proceedings

Article 22Licensing

Article 23Effects vis-à-vis third parties

Article 24The application for a Community trade mark as an object of property

TITLE IIIAPPLICATION FOR COMMUNITY TRADE MARKS

SECTION 1FILING OF APPLICATIONS AND THE CONDITIONS WHICH GOVERN THEM

Article 25Filing of applications

Article 26Conditions with which applications must comply

Article 27Date of filing

Article 28Classification

SECTION 2PRIORITY

Article 29Right of priority

Article 30Claiming priority

Article 31Effect of priority right

Article 32Equivalence of Community filing with national filing

SECTION 3EXHIBITION PRIORITY

Article 33Exhibition priority

SECTION 4CLAIMING THE SENIORITY OF A NATIONAL TRADE MARK

Article 34Claiming the seniority of a national trade mark

Article 35Claiming seniority after registration of the Community trade mark

TITLE IVREGISTRATION PROCEDURE

SECTION 1EXAMINATION OF APPLICATIONS

Article 36Examination of the conditions of filing

Article 37Examination of the conditions relating to the entitlement of the proprietor

Article 38Examination as to absolute grounds for refusal

SECTION 2SEARCH

Article 39Search

SECTION 3PUBLICATION OF THE APPLICATION

Article 40Publication of the application

SECTION 4OBSERVATIONS BY THIRD PARTIES AND OPPOSITION

Article 41Observations by third parties

Article 42Opposition

Article 43Examination of opposition

SECTION 5WITHDRAWAL, RESTRICTION, AMENDMENT AND DIVISION OF THE APPLICATION

Article 44Withdrawal, restriction and amendment of the application

Article 44aDivision of the application

SECTION 6REGISTRATION

Article 45Registration

TITLE VDURATION, RENEWAL, ALTERATION AND DIVISION OF COMMUNITY TRADE MARKS

Article 46Duration of registration

Article 47Renewal

Article 48Alteration

Article 48aDivision of the registration

TITLE VISURRENDER, REVOCATION AND INVALIDITY

SECTION 1SURRENDER

Article 49Surrender

SECTION 2GROUNDS FOR REVOCATION

Article 50Grounds for revocation

SECTION 3GROUNDS FOR INVALIDITY

Article 51Absolute grounds for invalidity

Article 52Relative grounds for invalidity

Article 53Limitation in consequence of acquiescence

SECTION 4CONSEQUENCES OF REVOCATION AND INVALIDITY

Article 54Consequences of revocation and invalidity

SECTION 5PROCEEDINGS IN THE OFFICE IN RELATION TO REVOCATION OR INVALIDITY

Article 55Application for revocation or for a declaration of invalidity

Article 56Examination of the application

TITLE VIIAPPEALS

Article 57Decisions subject to appeal

Article 58Persons entitled to appeal and to be parties to appeal proceedings

Article 59Time limit and form of appeal

Article 60Revision of decisions in ex parte cases

Article 60aRevision of decisions in inter partes cases

Article 61Examination of appeals

Article 62Decisions in respect of appeals

Article 63Actions before the Court of Justice

TITLE VIIICOMMUNITY COLLECTIVE MARKS

Article 64Community collective marks

Article 65Regulations governing use of the mark

Article 66Refusal of the application

Article 67Observations by third parties

Article 68Use of marks

Article 69Amendment of the regulations governing use of the mark

Article 70Persons who are entitled to bring an action for infringement

Article 71Grounds for revocation

Article 72Grounds for invalidity

TITLE IXPROCEDURE

SECTION 1GENERAL PROVISIONS

Article 73Statement of reasons on which decisions are based

Article 74Examination of the facts by the Office of its own motion

Article 75Oral proceedings

Article 76Taking of evidence

Article 77Notification

Article 77aRevocation of decisions

Article 78Restitutio in integrum

Article 78aContinuation of proceedings

Article 79Reference to general principles

Article 80Termination of financial obligations

SECTION 2COSTS

Article 81Costs

Article 82Enforcement of decisions fixing the amount of costs

SECTION 3INFORMATION OF THE PUBLIC AND OF THE OFFICIAL AUTHORITIES OF THE MEMBER STATES

Article 83Register of Community trade marks

Article 84Inspection of files

Article 85Periodical publications

Article 86Administrative cooperation

Article 87Exchange of publications

SECTION 4REPRESENTATION

Article 88General principles of representation

Article 89Professional representatives

TITLE XJURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO COMMUNITY TRADE MARKS

SECTION 1APPLICATION OF THE CONVENTION ON JURISDICTION AND ENFORCEMENT

Article 90Application of the Convention on Jurisdiction and Enforcement

SECTION 2DISPUTES CONCERNING THE INFRINGEMENT AND VALIDITY OF COMMUNITY TRADE MARKS

Article 91Community trade mark courts

Article 92Jurisdiction over infringement and validity

Article 93International jurisdiction

Article 94Extent of jurisdiction

Article 95Presumption of validity — Defence as to the merits

Article 96Counterclaims

Article 97Applicable law

Article 98Sanctions

Article 99Provisional and protective measures

Article 100Specific rules on related actions

Article 101Jurisdiction of Community trade mark courts of second instance — Further appeal

SECTION 3OTHER DISPUTES CONCERNING COMMUNITY TRADE MARKS

Article 102Supplementary provisions on the jurisdiction of national courts other than Community trade mark courts

Article 103Obligation of the national court

SECTION 4TRANSITIONAL PROVISION

Article 104Transitional provision relating to the application of the Convention on Jurisdiction and Enforcement

TITLE XIEFFECTS ON THE LAWS OF THE MEMBER STATES

SECTION 1CIVIL ACTIONS ON THE BASIS OF MORE THAN ONE TRADE MARK

Article 105Simultaneous and successive civil actions on the basis of Community trade marks and national trade marks

SECTION 2APPLICATION OF NATIONAL LAWS FOR THE PURPOSE OF PROHIBITING THE USE OF COMMUNITY TRADE MARKS

Article 106Prohibition of use of Community trade marks

Article 107Prior rights applicable to particular localities

SECTION 3CONVERSION INTO A NATIONAL TRADE MARK APPLICATION

Article 108Request for the application of national procedure

Article 109Submission, publication and transmission of the request for conversion

Article 110Formal requirements for conversion

TITLE XIITHE OFFICE

SECTION 1GENERAL PROVISIONS

Article 111Legal status

Article 112Staff

Article 113Privileges and immunities

Article 114Liability

Article 115Languages

Article 116Publication; entries in the Register

Article 117. . . . . . . . . ....

Article 118Control of legality

Article 118aAccess to documents

SECTION 2MANAGEMENT OF THE OFFICE

Article 119Powers of the President

Article 120Appointment of senior officials

SECTION 3ADMINISTRATIVE BOARD

Article 121Creation and powers

Article 122Composition

Article 123Chairmanship

Article 124Meetings

SECTION 4IMPLEMENTATION OF PROCEDURES

Article 125Competence

Article 126Examiners

Article 127Opposition Divisions

Article 128Administration of Trade Marks and Legal Division

Article 129Cancellation Divisions

Article 130Boards of Appeal

Article 131Independence of the members of the Boards of Appeal

Article 132Exclusion and objection

SECTION 5BUDGET AND FINANCIAL CONTROL

Article 133Budget Committee

Article 134Budget

Article 135Preparation of the budget

Article 136Audit and control

Article 137Auditing of accounts

Article 138Financial provisions

Article 139Fees regulations

TITLE XIIIINTERNATIONAL REGISTRATION OF MARKS

SECTION IGENERAL PROVISIONS

Article 140Application of provisions

SECTION 2INTERNATIONAL REGISTRATION ON THE BASIS OF APPLICATIONS FOR A COMMUNITY TRADE MARK AND OF COMMUNITY TRADE MARKS

Article 141Filing of an international application

Article 142Form and contents of the international application

Article 143Recordal in the files and in the Register

Article 144Request for territorial extension subsequent to the international registration

Article 145International fees

SECTION 3INTERNATIONAL REGISTRATIONS DESIGNATING THE EUROPEAN COMMUNITY

Article 146Effects of international registrations designating the European Community

Article 147Publication

Article 148Seniority

Article 149Examination as to absolute grounds for refusal

Article 150Search

Article 151Opposition

Article 152Replacement of a Community trade mark by an international registration

Article 153Invalidation of the effects of an international registration

Article 154Conversion of a designation of the European Community through an international registration into a national trade mark application or into a designation of Member States

Article 155Use of a mark subject of an international registration

Article 156Transformation

TITLE XIVFINAL PROVISIONS

Article 157Community implementing provisions

Article 158Establishment of a committee and procedure for the adoption of implementing regulations

Article 159Compatibility with other Community legal provisions

Article 159aProvisions relating to the enlargement of the Community

Article 160Entry into force

Council Regulation (EC) No 40/94

of 20 December 1993

on the Community trade mark (repealed)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .