Search Legislation

Advanced Search

Council Regulation (EC) No 40/94 (repealed)Show full title

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (repealed)

Help about what version

What Version

Help about opening options

Opening Options

Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Changes to legislation:

There are currently no known outstanding effects for the Council Regulation (EC) No 40/94 (repealed). Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. TITLE I GENERAL PROVISIONS

    1. Article 1.Community trade mark

    2. Article 2.Office

    3. Article 3.Capacity to act

  3. TITLE II THE LAW RELATING TO TRADE MARKS

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

      1. Article 4.Signs of which a Community trade mark may consist

      2. Article 5.Persons who can be proprietors of Community trade marks

      3. Article 6.Means whereby a Community trade mark is obtained

      4. Article 7.Absolute grounds for refusal

      5. Article 8.Relative grounds for refusal

    2. SECTION 2 EFFECTS OF COMMUNITY TRADE MARKS

      1. Article 9.Rights conferred by a Community trade mark

      2. Article 10.Reproduction of Community trade marks in dictionaries

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

      4. Article 12.Limitation of the effects of a Community trade mark

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

      6. Article 14.Complementary application of national law relating to infringement

    3. SECTION 3 USE OF COMMUNITY TRADE MARKS

      1. Article 15.Use of Community trade marks

    4. SECTION 4 COMMUNITY TRADE MARKS AS OBJECTS OF PROPERTY

      1. Article 16.Dealing with Community trade marks as national trade marks

      2. Article 17.Transfer

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

      4. Article 19.Rights in rem

      5. Article 20.Levy of execution

      6. Article 21.Insolvency proceedings

      7. Article 22.Licensing

      8. Article 23.Effects vis-à-vis third parties

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

  4. TITLE III APPLICATION FOR COMMUNITY TRADE MARKS

    1. SECTION 1 FILING OF APPLICATIONS AND THE CONDITIONS WHICH GOVERN THEM

      1. Article 25.Filing of applications

      2. Article 26.Conditions with which applications must comply

      3. Article 27.Date of filing

      4. Article 28.Classification

    2. SECTION 2 PRIORITY

      1. Article 29.Right of priority

      2. Article 30.Claiming priority

      3. Article 31.Effect of priority right

      4. Article 32.Equivalence of Community filing with national filing

    3. SECTION 3 EXHIBITION PRIORITY

      1. Article 33.Exhibition priority

    4. SECTION 4 CLAIMING THE SENIORITY OF A NATIONAL TRADE MARK

      1. Article 34.Claiming the seniority of a national trade mark

      2. Article 35.Claiming seniority after registration of the Community trade mark

  5. TITLE IV REGISTRATION PROCEDURE

    1. SECTION 1 EXAMINATION OF APPLICATIONS

      1. Article 36.Examination of the conditions of filing

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

      3. Article 38.Examination as to absolute grounds for refusal

    2. SECTION 2 SEARCH

      1. Article 39.Search

    3. SECTION 3 PUBLICATION OF THE APPLICATION

      1. Article 40.Publication of the application

    4. SECTION 4 OBSERVATIONS BY THIRD PARTIES AND OPPOSITION

      1. Article 41.Observations by third parties

      2. Article 42.Opposition

      3. Article 43.Examination of opposition

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

      1. Article 44.Withdrawal, restriction and amendment of the application

      2. Article 44a.Division of the application

    6. SECTION 6 REGISTRATION

      1. Article 45.Registration

  6. TITLE V DURATION, RENEWAL, ALTERATION AND DIVISION OF COMMUNITY TRADE MARKS

    1. Article 46.Duration of registration

    2. Article 47.Renewal

    3. Article 48.Alteration

    4. Article 48a.Division of the registration

  7. TITLE VI SURRENDER, REVOCATION AND INVALIDITY

    1. SECTION 1 SURRENDER

      1. Article 49.Surrender

    2. SECTION 2 GROUNDS FOR REVOCATION

      1. Article 50.Grounds for revocation

    3. SECTION 3 GROUNDS FOR INVALIDITY

      1. Article 51.Absolute grounds for invalidity

      2. Article 52.Relative grounds for invalidity

      3. Article 53.Limitation in consequence of acquiescence

    4. SECTION 4 CONSEQUENCES OF REVOCATION AND INVALIDITY

      1. Article 54.Consequences of revocation and invalidity

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

      1. Article 55.Application for revocation or for a declaration of invalidity

      2. Article 56.Examination of the application

  8. TITLE VII APPEALS

    1. Article 57.Decisions subject to appeal

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

    3. Article 59.Time limit and form of appeal

    4. Article 60.Revision of decisions in ex parte cases

    5. Article 60a.Revision of decisions in inter partes cases

    6. Article 61.Examination of appeals

    7. Article 62.Decisions in respect of appeals

    8. Article 63.Actions before the Court of Justice

  9. TITLE VIII COMMUNITY COLLECTIVE MARKS

    1. Article 64.Community collective marks

    2. Article 65.Regulations governing use of the mark

    3. Article 66.Refusal of the application

    4. Article 67.Observations by third parties

    5. Article 68.Use of marks

    6. Article 69.Amendment of the regulations governing use of the mark

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

    8. Article 71.Grounds for revocation

    9. Article 72.Grounds for invalidity

  10. TITLE IX PROCEDURE

    1. SECTION 1 GENERAL PROVISIONS

      1. Article 73.Statement of reasons on which decisions are based

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

      3. Article 75.Oral proceedings

      4. Article 76.Taking of evidence

      5. Article 77.Notification

      6. Article 77a.Revocation of decisions

      7. Article 78.Restitutio in integrum

      8. Article 78a.Continuation of proceedings

      9. Article 79.Reference to general principles

      10. Article 80.Termination of financial obligations

    2. SECTION 2 COSTS

      1. Article 81.Costs

      2. Article 82.Enforcement of decisions fixing the amount of costs

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

      1. Article 83.Register of Community trade marks

      2. Article 84.Inspection of files

      3. Article 85.Periodical publications

      4. Article 86.Administrative cooperation

      5. Article 87.Exchange of publications

    4. SECTION 4 REPRESENTATION

      1. Article 88.General principles of representation

      2. Article 89.Professional representatives

  11. TITLE X JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO COMMUNITY TRADE MARKS

    1. SECTION 1 APPLICATION OF THE CONVENTION ON JURISDICTION AND ENFORCEMENT

      1. Article 90.Application of the Convention on Jurisdiction and Enforcement

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

      1. Article 91.Community trade mark courts

      2. Article 92.Jurisdiction over infringement and validity

      3. Article 93.International jurisdiction

      4. Article 94.Extent of jurisdiction

      5. Article 95.Presumption of validity — Defence as to the merits

      6. Article 96.Counterclaims

      7. Article 97.Applicable law

      8. Article 98.Sanctions

      9. Article 99.Provisional and protective measures

      10. Article 100.Specific rules on related actions

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

    3. SECTION 3 OTHER DISPUTES CONCERNING COMMUNITY TRADE MARKS

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

      2. Article 103.Obligation of the national court

    4. SECTION 4 TRANSITIONAL PROVISION

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

  12. TITLE XI EFFECTS ON THE LAWS OF THE MEMBER STATES

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

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

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

      1. Article 106.Prohibition of use of Community trade marks

      2. Article 107.Prior rights applicable to particular localities

    3. SECTION 3 CONVERSION INTO A NATIONAL TRADE MARK APPLICATION

      1. Article 108.Request for the application of national procedure

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

      3. Article 110.Formal requirements for conversion

  13. TITLE XII THE OFFICE

    1. SECTION 1 GENERAL PROVISIONS

      1. Article 111.Legal status

      2. Article 112.Staff

      3. Article 113.Privileges and immunities

      4. Article 114.Liability

      5. Article 115.Languages

      6. Article 116.Publication; entries in the Register

      7. Article 117.. . . . . . . . . ....

      8. Article 118.Control of legality

      9. Article 118a.Access to documents

    2. SECTION 2 MANAGEMENT OF THE OFFICE

      1. Article 119.Powers of the President

      2. Article 120.Appointment of senior officials

    3. SECTION 3 ADMINISTRATIVE BOARD

      1. Article 121.Creation and powers

      2. Article 122.Composition

      3. Article 123.Chairmanship

      4. Article 124.Meetings

    4. SECTION 4 IMPLEMENTATION OF PROCEDURES

      1. Article 125.Competence

      2. Article 126.Examiners

      3. Article 127.Opposition Divisions

      4. Article 128.Administration of Trade Marks and Legal Division

      5. Article 129.Cancellation Divisions

      6. Article 130.Boards of Appeal

      7. Article 131.Independence of the members of the Boards of Appeal

      8. Article 132.Exclusion and objection

    5. SECTION 5 BUDGET AND FINANCIAL CONTROL

      1. Article 133.Budget Committee

      2. Article 134.Budget

      3. Article 135.Preparation of the budget

      4. Article 136.Audit and control

      5. Article 137.Auditing of accounts

      6. Article 138.Financial provisions

      7. Article 139.Fees regulations

  14. TITLE XIII INTERNATIONAL REGISTRATION OF MARKS

    1. SECTION I GENERAL PROVISIONS

      1. Article 140.Application of provisions

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

      1. Article 141.Filing of an international application

      2. Article 142.Form and contents of the international application

      3. Article 143.Recordal in the files and in the Register

      4. Article 144.Request for territorial extension subsequent to the international registration

      5. Article 145.International fees

    3. SECTION 3 INTERNATIONAL REGISTRATIONS DESIGNATING THE EUROPEAN COMMUNITY

      1. Article 146.Effects of international registrations designating the European Community

      2. Article 147.Publication

      3. Article 148.Seniority

      4. Article 149.Examination as to absolute grounds for refusal

      5. Article 150.Search

      6. Article 151.Opposition

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

      8. Article 153.Invalidation of the effects of an international registration

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

      10. Article 155.Use of a mark subject of an international registration

      11. Article 156.Transformation

  15. TITLE XIV FINAL PROVISIONS

    1. Article 157.Community implementing provisions

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

    3. Article 159.Compatibility with other Community legal provisions

    4. Article 159a.Provisions relating to the enlargement of the Community

    5. Article 160.Entry into force

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: