Council Regulation (EC) No 207/2009 (repealed)Show full title

TITLE XIV U.K. FINAL PROVISIONS

Article 162 U.K. Community implementing provisions

1. The rules implementing this Regulation shall be adopted in an Implementing Regulation.

2. In addition to the fees provided for in the preceding Articles, fees shall be charged, in accordance with the detailed rules of application laid down in the Implementing Regulation, in the cases listed below:

(a) late payment of the registration fee;

(b) issue of a copy of the certificate of registration;

(c) registration of a licence or another right in respect of a Community trade mark;

(d) registration of a licence or another right in respect of an application for a Community trade mark;

(e) cancellation of the registration of a licence or another right;

(f) alteration of a registered Community trade mark;

(g) issue of an extract from the Register;

(h) inspection of the files;

(i) issue of copies of file documents;

(j) issue of certified copies of the application;

(k) communication of information in a file;

(l) review of the determination of the procedural costs to be refunded.

3. The Implementing Regulation and the rules of procedure of the Boards of Appeal shall be adopted and amended in accordance with the procedure referred to in Article 163(2).

Article 163 U.K. Establishment of a committee and procedure for the adoption of implementing regulations

1. The Commission shall be assisted by a committee referred to as the ‘Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmonisation in the Internal Market (trade marks and designs)’.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 164 U.K. Compatibility with other Community legal provisions

This Regulation shall not affect Council Regulation (EC) No 510/2006, and in particular Article 14 thereof.

Article 165 U.K. Provisions relating to the enlargement of the Community

1. As from the date of accession of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as ‘new Member State(s)’), a Community trade mark registered or applied for pursuant to this Regulation before the respective dates of accession shall be extended to the territory of those Member States in order to have equal effect throughout the Community.

2. The registration of a Community trade mark which is under application at the date of accession may not be refused on the basis of any of the absolute grounds for refusal listed in Article 7(1), if these grounds became applicable merely because of the accession of a new Member State.

3. Where an application for the registration of a Community trade mark has been filed during the six months prior to the date of accession, notice of opposition may be given pursuant to Article 41 where an earlier trade mark or another earlier right within the meaning of Article 8 was acquired in a new Member State prior to accession, provided that it was acquired in good faith and that the filing date or, where applicable, the priority date or the date of acquisition in the new Member State of the earlier trade mark or other earlier right precedes the filing date or, where applicable, the priority date of the Community trade mark applied for.

4. A Community trade mark as referred to in paragraph 1 may not be declared invalid:

(a) pursuant to Article 52 if the grounds for invalidity became applicable merely because of the accession of a new Member State;

(b) pursuant to Article 53(1) and (2) if the earlier national right was registered, applied for or acquired in a new Member State prior to the date of accession.

5. The use of a Community trade mark as referred to in paragraph 1 may be prohibited pursuant to Articles 110 and 111, if the earlier trade mark or other earlier right was registered, applied for or acquired in good faith in the new Member State prior to the date of accession of that State; or, where applicable, has a priority date prior to the date of accession of that State.

Article 166 U.K. Repeal

Regulation (EC) No 40/94, as amended by the instruments set out in Annex I, is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.

Article 167 U.K. Entry into force

1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

2. The Member States shall within three years following entry into force of Regulation (EC) No 40/94 take the necessary measures for the purpose of implementing Articles 95 and 114.