ORGANIZACIÓN MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IP /N /1/EEC/T /3 
3 de abril de 1996 
(96-1209) 
Original: español/francés/inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Comunidades Europeas 
En el presente documento se reproducen las leyes y reglamentos siguientes, notificados por 
las Comunidades Europeas en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase 
el documento IP /N / 1 /EEC/ 1 /Rev. 1): 
Reglamento (CE) Nº 2868/95 de la Comisión, de 13 de diciembre 
de 1995, por el que se establecen normas de ejecución del 
Reglamento (CE) Nº 40/94 del Consejo sobre la marca comunitaria 2 
Reglamento (CE) Nº 2869/95 de la Comisión, de 13 de diciembre 
de 1995, relativo a las tasas que se han de abonar a la Oficina de 
Armonización del Mercado Interior (marcas, diseños y modelos) 34 IP IN I1/EEC/T 13 
Page 2 
15. 12. 95 Official Journal of the European Communities No L 30311 
I 
(Acts whose publication is obligatory) 
COMMISSION REGULATION (EC) No 2868/95 
of 13 December 1995 
implementing Council Regulation (EC) No 40/94 on the Community trade mark 
THE COMMISSION OF THE EUROPEAN COM~1U1\ITIES, 
Having regard to the Treaty establishing the European 
Community, 
Having regard to Council Regulation (EC) No 40194 of 
20 December 1993 on the Community trade mark e) as 
amended by Regulation (EC) No 3288/94 el, and in 
particular Article 140 thereof, 
Whereas Regulation (EC) No 40194 (hereinafter 'the 
Regulation') creates a new trade mark system allowing a 
trade mark having effect throughout the Community to 
be obtained on the basis of an application to the Office 
for Harmonization in the Internal Market (trade marks 
and designs) ('the Office'}; 
Whereas for this purpose, the Regulation contains the 
necessary provisions for a procedure leading to the 
.. registration of a Community trade mark, as well as for 
/ the administration of Community trade marks, for 
appeals against decisions of the Office and for 
proceedings for the revocation or invalidation of a 
Community trade mark; 
Whereas Article 140 of the Regulation provides that the 
rules implementing the Regulation shall be adopted in an 
implementing regulation; 
Whereas the implementing regulation is to be adopted in 
accordance with the procedure laid down in Article 141 
of the Regulatio,!; 
Wher~as this implementing regulation therefore lays 
down the rules necessary for implementing the provisions 
of the Regulation on the Community trade mark; 
e) OJ No L 11, 14. 1. 1994, p. 1. 
e) OJ No L 349, 31. 12. 1994, p. 83 \'{1hereas these rules should ensure the smooth and 
effici-ent operating of trade mark proceedings before the 
Office; 
\X'hereas in accordance with Article 116 (I) of the 
Regulation, all the elements of the application for a 
Community trade mark specified in its Article 26 (I) as 
well as any other information the publication of which is 
prescribed by this implementing regulation should be 
published in all the official languages of the 
Community; 
Whereas, ho\vever, it is not appropriate for the trade 
mark itself, names, addresses, dates and any other similar 
data to be translated and published in all the official 
languages of the Community; 
Whereas the Office should make available standard forms 
for proceedings before the Office in all official languages 
of the Community; 
Whereas the measures envisaged in this Regulation are in 
accordance with the opInIOn of the Committee 
established under Article 141 of the Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 
The rules implementing the Regulation shall be as 
follows: 
TITLE I 
APPLICATION PROCEDURE 
Rule 1 
Content of the application 
(1) The application for a Community trade mark shall 
contain: IP/N/ l/EEC/T /3 
Page 3 
No L 303/2 Official Journal of the European Communities 15. 12. 95 
(a) a request for registration of the mark as a 
Community trade mark; 
(b) the name, address and nationality of the applicant 
and the State in which he is domiciled or has his seat 
or an establishment. Names of natural persons shall 
be indicated by the person's family name and given 
name(s). Names of legal entities, as well as bodies 
falling under Article 3 of the Regulation, shall be 
indicated by their official designation, which may be 
abbreviated in a customary manner; furthermore, the 
law of the State governing them shall be indicated. 
The telegraphic and teletype address, telephone as 
well as fax numbers and details of other data 
communications links may be given. Only one address 
shall, in principle, be indicated for each applicant; 
where several addresses are indicated, only the 
address mentioned first shall be taken into account, 
except where the. applicant designates one of the 
addresses as an address for service; 
(c) a list of the goods and services for which the trade 
mark is to be registered, in accordance with Rule 2; 
(d) a representation of the mark 111 accordance with 
Rule 3; 
(e) if the applicant has appointed a representative, his 
name and the address of his place of business in 
accordance with point (b); if the representative has 
more than one business address or if there are t\vo or 
more representatives with different business addresses, 
the application shall indicate which address shall be 
used as an address for service; where such an 
indication is not made, only the first-mentioned 
address shall be taken into account as an address for 
service; 
(f) where the priority of a previous application is claimed 
pursuant to Article 30 of the Regulation, a 
declaration to that effect, stating the date on which 
and the country in or for which the previous 
application was filed; 
(g) where exhibition priority IS claimed pursuant to 
Article 33 of the Regulation, a declaration to that 
effect, stating the name of the exhibition and the date 
of the first display of the goods or services; 
(h) where the seniority of one or more earlier trade 
marks, registered in a Member State, including a 
trade mark registered in the Benelux countries or 
registered under international arrangements having 
effect in a Member State (hereinafter referred to as 
'earlier registered trade marks, as referred to in 
Article 34 of the Regulation') is claimed pursuant to 
Article 34 of the Regulation, a declaration to that 
effect, stating the Member State or Member States in 
or for which the earlier mark is registered, the date from which the relevant registration was effective, the 
number of the relevant registration, and the goods 
and services for which the mark is registered; 
(i) v,,'here applicable, a statement that the application is 
for registration of a Community collective mark 
pursuant to Article 64 of the Regulation; 
(j) specification of the language in which the application 
has been filed, and of the second language pursuant 
to Article 115 (3) of the Regulation; 
(k) the signature of the applicant or his representative. 
(2) The application for a Community collective mark 
may include the regulations governing its use. 
(3) The application may include a statement by the 
applicant that he disclaims any exclusive right to an 
element of the trade mark which is not distinctive, to be 
specified by the applicant. 
(4) If there is more than one applicant, the application 
may contain the appointment of one applicant or 
representative as common representative. 
Rule 2 
List of goods and services 
(1) The common classification referred to in Article 1 of 
the Nice Agreement Concerning the International 
Classification of Goods and Services for the Purposes of 
the Registration of Marks of 15 June 1957, as revised 
and amended, shall be applied to the classification of the 
goods and services. 
(2) The list of goods and services shall be worded in 
such a way as to indicate clearly the nature of the goods 
and services and to allow each item to be classified in 
only one class of the Nice Classification. 
(3) The goods and servIces shall, in principle, be 
grouped according to the classes of the Nice 
classification, each group being preceded by the number 
of the class of that Classification to which that group of 
goods or services belongs and presented in the order of 
the classes under that Classification. 
(4) The classification of goods and services shall serve 
exclusively administrative purposes. Therefore, goods and 
services may not be regarded as being similar to each 
other on the ground that they appear in the same class 
under the Nice Classification, and goods and services 
may not be regarded as being dissimilar from each other 
on the ground that they appear in different classes under 
the Nice Classification. IP/N/1/EEC/T/3 
Page 4 
15. 12. 95 Official Journal of the European Communities No L 303/3 
Rule 3 
Representation of the mark 
(1) If the applicant does not wish to claim any special 
graphic feature or colour, the mark shall be reproduced 
in normal script, as for example, by typing the letters, 
numerals and signs in the application. The use of small 
letters and capital letters shall be permitted and shall be 
followed accordingly in publications of the mark and in 
the registration by the Office. 
(2) In cases other than those referred to in paragraph 1, 
the mark shall be reproduced on a sheet of paper 
separate from the sheet on which the text of the 
application appears. The sheet on which the mark is 
reproduced shall not exceed DIN A4 size (29,7 cm high, 
21 cm wide) and the space used for the reproduction 
(type-area) shall not be larger than 26,2 cm x 17 cm. A 
margin of at least 2,5.cm shall be left on the left-hand 
side. Where it is not obvious, the correct position of the 
mark shall be indicated by adding the word 'top' to each 
reproduction. The reproduction of the mark shall be of 
such quality as to enable it to be reduced or enlarged to a 
size not more than 8 cm wide by 16 cm high for 
publication in the Community Trade Mark Bulletin. The 
separate sheet shall also indicate the name and address of 
the applicant. Four copies of the separate sheet carrying 
the reproduction shall be filed. 
(3) In cases to which paragraph 2 applies, the 
application shall contain an indication to that effecr. The 
application may contain a description of the mark. 
(4) Where registration of a three-dimensional mark is 
applied for, the application shall contain an indication to 
that effecr. The representation shall consist of a 
photographic reproduction or a graphic representation of 
the mark. The representation may contain up to six 
different perspectives of the mark. 
(5) Where registration in colour is applied for, the 
application shall contain an indication to that effect. The 
colours making up the mark shall also be indicated. The 
reproduction under paragraph 2 shall consist of the 
colour reproduction of the mark. 
(6) The President of the Office may determine that, as 
far as the requirements of paragraph 2 are concerned, the 
mark may be reproduced in the text of the application 
itself and not on a separate sheet of paper and that the 
the number of copies of the reproduction of the mark 
may be less than four. 
Rule 4 
Fees for the application 
The fees payable for the application shall be: 
(a) the basic fee; 
and (b) a class fee for each class exceeding three to which the 
goods or services belong according to Rule 2. 
Rule 5 
Filing of the application 
(1) The Office shall mark the documents making up the 
application with the date of its receipt and the file 
number of the application. The Office shall issue to the 
applicant without delay a receipt which shall include at 
least the file number, a representation, description or 
other identification of the mark, the nature and the 
number of the documents and the date of their receipt. 
(2) If the application is filed with the central industrial 
property office of a Member Sate or at the Benelux Trade 
Mark Office in accordance with Article 25 of the 
Regulation, the office of filing shall number all the pages 
of the application with arabic numerals. Before 
forwarding, the office of filing shall mark the documents 
making up the application with the date of receipt and 
the number of pages. The office of filing shall issue to the 
applicant without delay a receipt which shall include at 
least the nature and the number of the documents and 
the date of their receipt. 
(3) If the Office receives an application forwarded by 
the central industrial property office of a Member State 
or the Benelux Trade Mark Office, it shall mark the 
application \vith the date of receipt and the file number 
and shall issue to the applicant without delay a receipt in 
accordance with the second sentence of paragraph 1, 
indicating the date of receipt at the Office. 
Rule 6 
Claiming priority 
(1) Where the priority of one or more previous 
applications pursuant to Article 30 of the Regulation is 
claimed in the application, the applicant shall indicate the 
file number of the previous appliGltion and file a copy of 
it \vithin three months from the filing date. The copy 
shall be certified to be an exact copy of the previous 
application by the authority which received the previous 
application, and shall be accompanied by a certificate 
issued by that authority stating the date of filing of the 
previous application. 
(2) Where the applicant wishes to claim the priority of 
one or more previous applications pursuant to Article 30 
of the Regulation subsequenr to the filing of the 
application, the declaration of priority, stating the date 
on which and the country in or for which the previous 
application was made, shall be submitted within a period 
of two months from the filing date. The indications and 
evidence required under paragraph 1 shall be submitted 
to the Office within a period of three months from 
receipt of the declaration of priority. IP IN I l/EEC/T 13 
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No L 303/4 Official Journal of the European Communities 15. 12. 95 
(3) If the language of the previous application is not one 
of the languages of the Office, the Office shall require the 
applicant to file, within a period specified by the Office, 
which shall be not less than three months, a translation 
of the previous application into one of these languages. 
(4) The President of the Office may determine that the 
evidence to be provided by the applicant may consist of 
less than is required under paragraph 1, provided that the 
information required is available to the Office from other 
sources. 
Rule 7 
Exhibition priority 
(1) Where the exhibition priority pursuant to Article 33 
of the Regulation has been claimed in the application, the 
applicant shall, within three months from the filing date, 
file a certificate issued at the exhibition by the authority 
responsible for the protection of industrial property at 
the exhibition. This certificate shall declare that the mark 
was in fact used for the goods or services, and shall state 
the opening date of the exhibition and, where the first 
public use did not coincide with the opening date of the 
exhibition, the date of such first public use. The 
certificate mllst be accompanied by an identification of 
the actual use of the mark, duly certified by the 
abovementioned authority. 
(2) Where the applicant wishes to claim an exhibition 
priority subsequently to the filing of the application, the 
declaration of priority, indicating the name of the 
exhibition and the date of the first display of the goods 
or services, shall be submitted within a period of two 
months from the filing date. The indications and evidence 
required under paragraph 1 shall be submitted to the 
Office within a period of three months from receipt of 
the declaration of priorit),. 
Rule 8 
Claiming the seniority of a national trade mark 
(1) Where the seniority of one or more earlier registered 
trade marks, as referred to in Article 34 'of the 
Regulation, has been claimed in the application, the 
applicant shall, \vithin three months from the filing date, 
submit a copy of the relevant registration. The copy must 
be certified by the competent authority to be an exact 
copy of the relevant registration. 
(2) Where the applicant wishes to claim the seniority of 
one or more earlier registered trade marks as referred to 
in Article 34 of the Regulation, subsequent to the filing 
of the application, the declaration of seniority, indicating 
the Member State or Member States in or for which the mark is registered, the date from which the relevant 
registration was effective, the number of the relevant 
registration, and the goods and services for which the 
mark is registered, shall be submitted within a period of 
two months from the filing date. The evidence required 
under' paragraph 1 shall be submitted to the Office 
within a period of three months from receipt of the 
declaration of seniority. 
(3) The Office shall inform the Benelux Trade Mark 
Office or the central industrial property office of the 
Member State concerned of the effective claiming of 
seniority. 
(4) The President of the Office may determine that the 
evidence to be provided by the applicant may consist of 
less than is required under paragraph 1, provided that the 
information required is available to the Office from other 
sources. 
Rule 9 
Examination of requirements for a filing date and of 
formal requirements 
(1) If the application fails to meet the requirements for 
according a filing date because: 
(a) the application does not contain: 
(i) a request for registration of the mark as a 
Community ILlde mark; 
(ii) information identifying the applicant; 
(iii) a list of the goods and services for which the 
mark is to be registered; 
iv) a representation of the trade mark; or 
(b) the basic fee for the application has not been paid 
within one month of the filing of the application with 
the Office or, if the application has been filed with 
the central industrial property office of a Member 
State or with the Benelux Trade Mark Office, \vith 
that office, 
the Office shall notify the applicant that a date of filing 
cannot be accorded in view of those deficiencies. 
(2) If the deficiencies referred to under paragraph 1 are 
remedied within two months of receipt of the 
notification, the date on which all the deficiencies are 
remedied shall determine the date of filing. If the 
deficiencies are not remedied before the time limit 
expires, the application shall not be dealt with as a 
Community trade mark application. Any fees paid shall 
be refunded. . 
(3) \Vhere, although a date of filing has been accorded, 
the examination reveals that IP/N/lIEEC/T/3 
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15. 12. 95 Official Journal of the European Communities No L 303/5 
(a) the requirements of Rules 1, 2 and 3 or the other 
formal requirements governing applications laid down 
in the Regulation or in these Rules are not complie.d 
with; 
(b) the full amount of the class fees payable under Rule 
4 (b), read in conjunction with Commission 
Regulation (EC) No 2869/95 (1) (hereinafter 'the Fees 
Regulation') has not been received by the Office; 
(c) where priority has been claimed pursuant to Rules 6 
and 7, either in the application itself or within two 
months after the date of filing, the other requirements 
of the said Rules are not complied with; or 
(d) V'"here seniority has been claimed pursuant to Rule 8, 
either in the application itself or within two months 
a fter the date of filing, the other requirements of Rule 
8 are not complied with, 
the Office shall invite the applicant to remed)' the 
deficiencies noted within such period as it may specify. 
(4) If the deficiencies referred to in paragraph 3 (a) are 
not remedied before the time limit expires, the Office 
shall reject the application. 
(5) If the outstanding class fees are not paid before the 
time limit expires, the application shall be deemed to 
have been withdrawn, unless it is clear which class or 
classes the amount paid is intended to cover. In the 
absence of other criteria to determine which classes are 
intended to be covered, the Office shall take the classes in 
the order of the classification. The application shall be 
deemed to have been \vithdrawn with regard to those 
classes for which the class fees have not been paid or 
ha ve not been paid in full. 
(6) If the deficiencies referred to in paragraph 3 concern 
the claim to priority, the right of priority for the 
application shall be lost. 
(7) If the deficiencies referred to in paragraph 3 concern 
the claim to seniority, the right of seniority in respect of 
that application shall be lost. 
(8) If the deficiencies referred to in paragraph 3 concern 
only some of the goods and services, the Office shall 
refuse the application, or the right of priority or the right 
of seniority shall be lost, only in so far as those goods 
and services are concerned. 
Rule 10 
Examination of the conditions relating to the entitlement 
to be proprietor 
Where, pursuant to Article 5 of the Regulation, the 
applicant is not entitled to be the proprietor of a 
e) See p. 33 of this Official Journal. Community trade mark, the Office shall notify the 
applicant thereof. The Office shall specify a period within 
which the applicant ma), withdraw the application or 
submit his observations. Where the applicant fails to 
overcome the objections to registration, the Office shall 
refuse the application. 
Rule 11 
Examination as to absolute grounds for refusal 
(1) Where, pursuant to Article 7 of the Regulation, the 
trade mark may not be registered for all or any part of 
the goods or services applied for, the office shall notify 
the applicant of the grounds for refusing registration. The 
Office shall specify a period within which the applicant 
may withdraw or amend the application or submit his 
observations. 
(2) Where, pursuant to Article 38 (2) of the Regulation, 
registration of the Community trade mark is subject to 
the applicant's stating that he disclaims any exclusive 
right in the non-distinctive elements in the mark, the 
Office shall notify the applicant thereof, stating the 
reasons, and shall invite him to submit the relevant 
statement within such period as it may specify. 
(3) Where the applicant fails to overcome the ground for 
refusing registration or to comply with the condition laid 
down in paragraph 2 within the time limit, the Office 
shall refuse the application in whole or in part. 
Rule 12 
Publication of the application 
The publication of the application shall contain: 
(a) the applicant's name and address; 
(b) where applicable, the name and business address of 
the representative appointed by the applicant other 
than a representative falling within the first sentence 
of Article 88 (3) of the Regulation; if there is more 
than one representative with the same business 
address, only the name and business address of the 
first-named representative shall be published and it 
shall be followed by the words 'and others'; if there 
are two or more representatives with different 
business addresses, only the address for service 
determined pursuant to Rule 1 (1) (e) shall be 
published; where an association of representatives is 
appointed under Rule 76 (9), only the name and 
business address of the association shall be 
published; 
(c) the reproduction of the mark, together with the 
indications and descriptions pursuant to Rule 3; 
where registration in colour is applied for, the 
publication shall contain the indication 'in colour' 
and indicate the colour or colours making up the 
mark; IP IN 11 IEEC/T 13 
Page 7 
No L 30316 Official Journal of the European Communities 15. 12. 95 
(d) the list of goods and services, grouped according to 
the classes of the Nice classification, each group being 
preceded by the number of the class of that 
classification to which that group of goods or services 
belongs, and presented in the order -of the classes of 
that classification; 
(e) the date of filing and the file number; 
(f) where applicable, particulars of the claim of priority 
pursuant to Article 30 of the Regulation; 
(g) where applicable, particulars of the claim of 
exhibition priority pursuant to Article 33 of the 
Regulation; 
(h) where applicable, particulars of the claim of seniority 
pursuant to Article 34 of the Regulation; 
(i) where applicable, a statement that the mark has 
become distinctive in consequence of the use which 
has been made of it, pursuant to Article 7 (3) of the 
Regulation; 
(j) where applicable, a statement that the application is 
fat a Community collective mark; 
(k) where applicable, a statement by the applicant 
disclaiming any exclusive right to an element of the 
mark pursuant to Rule 1 (3) or Rule 11 (2); 
(I) the language in which the application was filed and 
the second language which the applicant has indicated 
pursuant to Article 115 (3) of the Regulation. 
Rule 13 
Amendment of the application 
(1) An application for amendment of the application 
under Article 44 of the Regulation shall contain: 
(a) the file number of the application; 
(b) the name and the address of the applicant In 
accordance with Rule 1 (1) (b); 
(c) where the applicant has appointed a representative, 
the name and the business I address of the 
representative in accordance with Rule i (1) (e); 
(d) the indication of the element of the application to be 
corrected or amended, and that element in its 
corrected or amended version; 
(e) where the amendment relates to the representation of 
the mark, a representation of the mark as amended, 
in accordance with Rule 3. 
(2) Where the application for amendment is subject to 
the payment of a fee, the application shall not be deemed 
to have been filed until the required fee has been paid. If 
the fee has not been paid or has not been paid in full, the 
Office shall inform the applicant accordingly. (3) If the requirements governing the amendment of the 
application are not fulfilled, the Office shall communicate 
the deficiency to the applicant. If the deficiency is not 
remedied within a period to be specified by the Office, 
the Office shall reject the application for amendment. 
(4) Where the amendment is published pursuant to 
Article 44 (2) of the Regulation, Rules 15 to 22 shall 
apply mutatis mutandis. 
(5) A single application for amendment may be made 
for the amendment of the same element in two or more 
applications of th~ same applicant. \'\There the application 
for amendment is subject to the payment of a fee, the 
required fee shall be paid in respect of each application to 
be amended. 
(6) Paragraphs 1 to 5 shall apply mutatis mutandis for 
applications to correct the name or the business address 
of a representative appointed by the applicant. Such 
applications shall not be subject to the payment of a 
fee. 
Rule 14 
Correction of mistakes and errors in publications 
(1) Where the publication of the application contains a 
mistake or error attributable to the Office, the Office 
shall correct the mistake or error acting of its own 
motion or at the request of the applicant. 
(2) Where a request as referred to in paragraph 1 is 
made by the applicant, Rule 13· shall apply mutatis 
mutandis. The request shall not be subject to the 
payment of a fee. 
(3) The corrections effected under this Rule shall be 
published. 
(4) Article 42 (2) of the Regulation and Rules 15 to 22 
shall apply mutatis mutandis where the correction 
concerns the list of goods or services or the 
representation of the mark. 
TITLE II 
PROCEDURE FOR OPPOSITION AND PROOF OF USE 
Rule 15 
Contents of the notice of opposition 
(1) Opposition may be entered on the basis of one or 
more earlier marks within the meaning of Article 8 (2) of 
the Regulation ('earlier marks') or of one or more other 
earlier rights within the meaning of Article 8 (4) of the 
Regulation ('earlier rights'). IP IN I l/EEC/T 13 
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15. 12. 95 Official Journal of the European Communities No L 303/7 
(2) The notice of opposition shall contain: 
(3) as concerns the application against which opposition 
is entered: 
(i) the file number of the application against which 
opposition is entered; 
(ii) an indication of the goods and services listed In 
the Community trade mark application against 
which opposition is entered; 
(iii) the name of the applicant for the Community 
trade mark; 
(b) as concerns the earlier mark or the earlier right on 
which the opposition is based: 
(i) where the opposition is based on an earlier 
mark, a statement to that effect and an 
indication that the earlier mark is a Community 
mark or an indication of the Member State or 
Member States including, where applicable, the 
Benelux, where the earlier mark has been 
registered or applied for, or, where the earlier 
mark is an internationally registered mark, an 
indication of the Member State or Member 
States including, where applicable, the Benelux, 
to which protection of that earlier mark has been 
extended; 
(ii) where available, the file number or the 
registration number and the filing date, including 
the priority date of the earlier mark; 
(iii) where the opposition is based on an earlier mark 
which is a well-known mark within the meaning 
of Article 8 (2) (c) of the Regulation, an 
indication to that effect and an indication of the 
Member State or Member States in which the 
earlier mark is well-knO\vn; 
(iv) where the opposition is based on an earlier mark 
having a reputation within the meaning of 
Article 8 (5) of the Regulation, an indication to 
that effect, and an indication of where that 
earlier mark is registered or applied for in 
accordance with subparagraph (i); 
(v) where the opposition is based on an earlier right, 
an indication to that effect, and an indication of 
the Member State or Member States where that 
earlier right exists; 
(vi) a representation and, where appropriate, a 
description of the earlier mark or earlier right; 
(vii) the goods and services in respect of which the 
earlier mark has been registered or applied for or 
in respect· of which the earlier mark is 
well-known within the meaning of Article 8 (2) 
(c) of the Regulation or has a reputation within 
the meaning of Article 8 (5) of the Regulation; 
the opposing party shall, when indicating all the 
goods and services for which the earlier mark is 
protected, also indicate those goods and services 
on which the opposition is based; (c) as concerns the opposing party: 
(i) where the opposition is entered by the proprietor 
of the earlier mark or of the earlier right, his 
name and address in accordance with Rule 1 (1) 
(b) and an indication that he is the proprietor of 
such mark or right; 
(ii) where opposition is entered by a licensee. the 
name of the licensee and his address in 
accordance with Rule 1 (1) (b) and an indication 
that he has been authorized to enter the 
opposition; 
(iii) where the opposition is entered by the successor 
in title to the registered proprietor of a 
Community trade mark who has not yet been 
registered as new proprietor, an indication to 
that effect, the name and address of the opposing 
party in accordance with Rule 1 (1) (b), and an 
indication of the date on which the application 
for registration of the new proprietor was 
received by the Office or, where this information 
is not available, was sent to the Office; 
(iv) where opposition is entered on the basis of an 
earlier right by a person who is not the 
proprietor of that right, the name of the person 
and his address in accordance with Rule 1 (1) (b) 
and an indication that the is entitled under the 
relevant national law to exercise that right; 
(v) where the opposing party has appointed a 
representative, the name of the representative 
and his business in accordance with Rule 1 (1) 
(e); 
(d) a specification of the grounds on which the 
opposition is based. 
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to 
an opposition entered pursuant to Article 8 (3) of the 
Regulation. 
Rule 16 
Facts, evidence and arguments presented in support of 
the opposition 
(1) Every notice of opposition may contain particulars 
of the facts, evidence and arguments presented in support 
of the opposition, accompanied by the relevant 
supporting documents. 
(2) If the opposition is based on an earlier mark which 
is not a Community trade mark, the notice of opposition 
shall preferably be accompanied by evidence of the 
registration or filing of that earlier mark, such as a 
certificate of registration. If the opposition is based on a 
well-known mark as referred to in Article 8 (2) (c) of the 
Regulation or on a mark having a reputation as referred 
to in Article 8 (5) of the Regulation, the notice of 
opposition shall in principle be accompanied by evidence IP IN I l/EEC/T 13 
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No L 303/8 Official Journal of the European Communities 15. 12. 95 
attesting that it is well-known or that it has a reputation. 
If the opposition is entered on the basis of any other 
earlier right, the notice of opposition shall in principle be 
accompanied by appropriate evidence on the acquisition 
and scope of protection of that right. 
(3) The particulars of the facts, evidence and arguments 
and other supporting documents as referred to in 
paragraphs 1, and the evidence referred to in paragraph 2 
may, if they' are not submitted together with the notice of 
opposition or subsequent thereto, be submitted within 
such period after commencement of the opposition 
proceedings as the Office may specify pursuant to Rule 
20 (2). 
Rule 17 
Use of languages in opposition proceedings 
(1) Where the notice of opposition is not filed in the 
language of the application for registration of the 
Community trade mark, if that language is one of the 
languages of the Office, or in the second language 
indicated when the application was filed, the opposing 
party shall file a translation of the notice of opposition in 
one of those languages within a period of one month 
from the expiry of the opposition period. 
(2) Where the evidence in support of the opposition as 
provided for in Rule 16 (1) and (2) is not filed in the 
language of the opposition proceedings, the opposing 
party shall file a translation of that evidence into that 
language within a period of one month from the expiry 
of the opposition period or, where applicable, 'vvithin the 
period specified by the Office pursuant to Rule 16 (3). 
(3) .Where the opposing party or the applicant informs 
the Office, before the date on which the opposition 
proceedings shall be deemed to commence pursuant to 
Rule 19 (1), that the applicant and the opposing party 
have agreed on a different language for the opposition 
proceeding pursuant to Article 115 (7) of the Regulation, 
the opposing party shall, where the notice of opposition 
has not been filed in that language, file a translation of 
the notice of opposition in that language within a period 
of one month from the said date. 
Rule 18 
Rejection of notice of opposition as inadmissible 
(1) If the Office finds that the notice of opposition does 
not comply with the provisions of Article 42 of the 
Regulation, or where the notice of opposition does not 
clearly identify the application against which opposition 
is entered or the earlier mark or the earlier right on the 
basis of which the opposition is being entered, the Office 
shall reject the notice of opposition as inadmissible unless 
those deficiencies have been remedied before expiry of 
the opposition period. If the opposition fee has not been 
paid within the opposition period, the notice of 
opposition shall be deemed not to have been entered. If 
the opposition fee has been paid after the expiry of the 
opposition period, it shall be refunded to the opposing 
party. (2) If the Office finds that the notice of opposition does 
not comply with other provisions of the Regulation or of 
these Rules, it shall inform the opposing party 
accordingly and shall call upon him to remedy the 
deficiencies noted within a period of two months. If the 
deficiencies are not remedied before the time limit 
expires, the Office shall reject the notice of opposition as 
inadmissible. 
(3) Any decision to reject a notice of opposition as 
inadmissible under paragraphs 1 or 2 shall be 
communicated to the applicant. 
Rule 19 
Commencement of opposition proceedings 
(1) If the Office does not reject the notice of opposition 
in accordance with Rule 18, it shall communicate the 
opposition to the applicant and shall invite him to file his 
observations within such period as it may specify. The 
Office shall draw the applicant's attention to the fact that 
the opposition proceedings shall be deemed to commence 
two months after receipt of the communication, unless 
the applicant informs the Office, before the expiry of this 
period, that he withdraws his application or restricts the 
application to goods and services against which the 
opposition is not directed. 
(2) The Office may, pursuant to Rule 71, grant an 
extension of the period referred to in the second sentence. 
of paragraph 1 where such request is presented jointly by 
the applicant and the opposing party. 
(3) There the application is withdrawn or restricted 
within the period specified in the second sentence of 
paragraph 1 or within any extension of that period 
granted under paragraph 2, the Office shall inform the 
opposing party accordingly and shall refund the 
opposition fee. 
Rule 20 
Examination of opposition 
(1) If the application is not withdrawn or restricted 
pursuant to Rule 19, the applicant shall file his 
observations within the period specified by the Office in 
its communication referred to in the first sentence of Rule 
19 (1). 
(2) \X1here the notice of opposition does not contain 
particulars of the facts, evidence and arguments as 
referred to in Rule 16 (1) and (2), the Office shall call 
upon the opposing party to submit such particulars 
within a period specified by the Office. Any submission 
by the opposing party shall be communicated to the 
applicant who shall be ·given an opportunity to reply 
within a period specified by the Office. 
(3) If the applicant files no observations, the Office may 
give a ruling on the opposition on the basis of the 
evidence before it. IP IN 11 IEEC/T 13 
Page 10 
15. 12. 95 Official Journal of the European Communities No L 303/9 
(4) The observations filed by the applicant shall be 
communicated to the opposing party who shall be called 
upon by the Office, if it considers it necessary to do so, 
to reply within a period specified by the Office. 
(5) If, pursuant to Article 44 (1) of the Regulation, the 
applicant restricts the list of goods and services, the 
Office shall communicate this to the opposing party and 
call upon him, within such period as it may specify, to 
submit observations stating whether he maintains the 
opposition and, if so, against which of the remaining 
goods and services. 
(6) The Office may suspend any opposition proceeding 
where the opposition is based on an application for 
registration pursuant to Article 8 (2) (b) of the 
Regulation until a final decision is taken in that 
proceeding, or where other circumstances are such that 
sllch suspension is appropriate. 
Rule 21 
Multiple oppositions 
(1) Where a number of oppositions have been entered in 
respect of the same application for a Community trade 
mark, the Office may deal with them in one set of 
proceedings. The Office may subsequently decide to no 
longer deal with them in this way. 
(2) If a preliminary examination of one or more 
oppositions reveals that the Community trade mark for 
which an application for registration has been filed is 
possibly not eligible for registration in respe~t of some or 
all of the goods or services for which registration is 
sought, the Office may suspend the other opposition 
proceedings. The Office shall inform the remaining 
opposing parties of any relevant decisions taken during 
those proceedings \vhich are continued. 
(3) Once a decision rejecting the application has become 
final, the oppositions on which a decision was deferred in 
accordance with paragraph 2 shall be deemed to have 
been disposed of and the opposing parties concerned 
shall be informed accordingly. Such disposition shall be 
considered to constitute a case which has not proceeded 
to judgment within the meaning of Article 81 (4) of the 
Regulation. 
(4) The Office shall refund 50 % of the oppoSItIOn fee 
paid by each opposing party whose opposition is deemed 
to have been disposed of in accordance with paragraphs 
1, 2. and 3. 
Rule 22 
Proof of use 
(1) Where, pursuant to Article 43 (2) or (3) of the 
Regulation, the opposing party has to furnish proof of 
use or show that there are proper reasons for non-use, 
the Office shall invite him to provide the proof required within such period as it shall specify. If the opposing 
party does not provide such proof before the time limit 
expires, the Office shall reject the opposition. 
(2) The indications and evidence for the furnishing of 
proof of use shall consist of indications concerning the 
place, time, extent and nature of use of the opposing 
trade mark for the goods and services in respect of which 
it is registered and on which the opposition is based, and 
evidence in support of these indications in accordance 
with paragraph 3. 
(3) The evidence shall, in principle, be confined to the 
submission of supporting documents and items such as 
packages, labels, price lists, catalogues, Il1V01CeS, 
photographs, newspaper advertisements, and statements 
in writing as referred to in Article 76 (1) (f) of the 
Regulation. 
(4) \'('here the evidence supplied pursuant to paragraphs 
1, 2 and 3 is not in the language of the opposition 
proceedings, the Office may require the opposing party to 
submit a translation of that evidence in that language, 
within a period specified by the Office. 
TITLE 1II 
REGISTRATION PROCEDURE 
Rule 23 
Registration of the trade mark 
(1) The registration fee provided for in Article 45 of the 
Regulation shall consist of 
(a) a basic fee; 
and 
(b) a class fee for each class exceeding three in respect of 
which the mark is to be registered. 
(2) Where no opposition has been entered or where any 
opposition entered has been finally disposed of by 
withdrawal, rejection or other disposition, the Office 
shall request the applicant to pay the registration fee 
within two months of receipt of the request. 
(3) If the registration fee is not paid within due time, it 
may still be validly paid within two months of 
notification of a communication pointing out the failure 
to observe the time limit, provided that within this period 
the additional fee specified in the Fees Regulations is 
paid. 
(4) On receipt of the registration fee the mark ~ pplied 
for and the particulars referred to in Rule 84 (2) shall be 
recorded in the Register of Community trade marks. IP /N/l/EEC/T /3 
Page 11 
No L 303110 Official Journal of the European Communities 15. 12. 95 
(5) The registration shall be published In the 
Community Trade Marks Bulletin. 
(6) The registration fee shall be refunded if the trade 
mark applied for is not registered. 
Rule 24 
Certificate of registration 
(1) The Office shall issue to the proprietor of the trade 
mark a certificate of registration .which shall contain the 
entries in the Register provided for in Rule 84 (2) and a 
statement to the effect that those entries have been 
recorded in the Register. 
(2) The proprietor of the trade mark may request that 
certified or uncertified copies of the certificate of 
registration be supplied to him upon payment of a fee. 
Rule 25 
Alteration of the registration 
(1) An application for alteration of the registration 
pursuant to Article 48 (2) of the Regulation shall 
contain: 
(a) the registration number, 
(b) the name and the address of the proprietor of the 
mark in accordance with Rule 1 (1) (b); 
(c) 'where the proprietor has appointed a representative, 
the name and the business' address of the 
representative in accordance with Rule 1 (1) (e); 
(d) the indication of the element in the representation of 
the mark to be altered and that element in its altered 
version; 
(e) a representation of the mark as altered, in accordance 
with Rule 3. 
(2) The application shall be deemed not to have been 
filed until the required fee has been paid. If the fee has 
not been paid or has not been paid in full, the Office 
shall inform the applicant accordingly. 
(3) If the requirements governing the alteration of the 
registration are not fulfilled, the Office shall 
communicate the deficiency to the applicant. If the 
deficiency is not remedied within a period to be specified 
by the Office, the Office shall reject the application. 
(4) Where the registration of the alteration is challenged 
pursuant to Article 48 (3) of the Regulation, the 
provisions on opposition contained in the Regulation and 
in these Rules shall apply mutatis mutandis. 
(5) A single application may be made for the alteration 
of the same element in two or more registrations of the 
same proprietor. The required fee shall be paid in respect 
of each registration to be altered. Rule 26 
Change of the name or address of the proprietor of 
the Community trade mark or of his registered 
representative 
(1) A change of the name or address of the proprietor of 
the Community trade mark which is not an alteration of 
the Community trade mark pursuant to Article 48 (2) of 
the Regulation and which is not the consequence of a 
whole or partial transfer of the registered mark shall, at 
the request of the proprietor, be recorded in the 
register. 
(2) An application for the change of the name or 
address of the proprietor of the registered mark shall 
contain: 
(a) the registration number of the mark; 
(b) the name and the address of the proprietor of the 
mark as recorded in the register; 
(c) the indication of the name and address of the 
proprietor of the mark, as amended, in accordance 
with Rule 1 (1) (e). 
(d) where the proprietor has appointed a representative, 
the name and the business address of the 
representative, in accordance with Rule 1 (1) (e). 
(3) The application shall not be subject to payment of a 
fee. 
(4) A single application may be made for the change of 
the name or address in respect of two or more 
registrations of the same proprietor. 
(5) If the requirements governing the recording of a 
change are not fulfilled, the Office shall communicate the 
deficiency to the applicant. If the deficiency is not 
remedied within a period to be specified by the Office, 
the Office shall reject the application. 
(6) Paragraphs 1 to 5 shall apply mutatis mutandis to a 
change of the name or address of the registered 
representative. 
(7) Paragraphs 1 to 6 shall apply mutatis mutandis to 
applications for Community trade marks. The change 
shall be recorded in the files kept by the Office on the 
Community trade mark application. 
Rule 27 
Correction of mistakes and errors in the register and in 
the publication of the registration 
(1) Where the registration of the mark or the 
publication of the registration contains a mistake or error 
attributable to the Office, the Office shall correct the 
error or mistake of its own motion or at the request of 
th~ proprietor. 
(2) Where such a request is made by the proprietor, 
Rule 26 shall apply mutatis mutandis. The request shall 
not be subject to payment of a fee. IP 1Nl 1 IEEC/T 13 
Page 12 
15. 12. 95 Official Journal of the European Communities No L 303111 
(3) The Office shall publish the corrections made under 
this Rule. 
Rule 28 
Claiming seniority after registration of the Community 
trade mark 
(1) An application pursuant to Article 35 of the 
Regulation to obtain the seniority of one or more earlier 
registered trade marks as referred to in Article 34 of the 
Regulation, shall contain: 
(a) the registration number of the Community trade 
mark; 
(b) the name and address of the proprietor of the 
Community trade mark in accordance with Rule 1 (1) 
(b); 
(c) where the proprietor has appointed a representative, 
the name and the business address of the 
representative in accordance with Rule 1 (1) (e); 
(d) an indication of the Member State or Member States 
in or for which the earlier mark is registered, the date 
from which the relevant registration was effective, the 
number of the relevant registration, and the goods 
and services for which the earlier mark is registered; 
(e) an indication of the goods and services in respect of 
which seniority is claimed; 
(f) a copy of the relevant registration; the copy must be 
certified as an exact copy of the relevant registration 
by the competent authority. 
(2) If the requirements governing the claiming of 
seniority are not fulfilled, the Office shall communicate 
the deficiency to the applicant. If the deficiency is not 
remedied within a period specified by the Office, the 
Office shall reject the application. 
(3) The Office shall inform the Benelux Trade Mark 
Office or the central industrial property office of the 
Member State concerned of the effective claiming of 
seniority. 
(4) The President of the Office may determine that the 
material to be provided by the applicant may consist of 
less than is required under paragraph 1 (f), provided that 
the information required is available to the Office from 
other sources. 
TITLE IV 
RENEWAL 
Rule 29 
Notification of expiry 
At least six months before expiry of the registration the 
Office shall inform the proprietor of the Community 
trade mark, and any person having a registered right, 
including a licence, in respect of the Community trade mark, that the registration is approaching expiry. Failure 
to give such notification shall not affect the expiry of the 
registration. 
Rule 3() 
. Rene\val of registration 
(1) An application for renewal shall contain: 
(a) where the application is filed by the proprietor of the 
trade mark, his name and address in accordance with 
Rule 1 (1) (b); 
(b) where the application is filed by a person expressly 
authorized to do so by the proprietor of the mark, the 
name and address of that person and evidence that he 
is authorized to file the application; 
(c) where the applicant has appointed a representative, 
the name and business address of the representative in 
accordance with Rule 1 (1) (e); 
(d) the registration number; 
(e) an indication that renewal is requested for all the 
goods and services covered by the registration or, if 
the renewal is not requested for all the goods and 
services for which the mark is registered, an 
indication of those classes or those goods and services 
for which rene\val is requested or those classes or 
those goods and services for which renewal is not 
requested, grouped according to the classes of the 
Nice classification, each group being preceded by the 
number of the class of that classification to which 
that group of goods or services belongs and presented 
in the order of the classes of that classification. 
(2) The fees payable under Article 47 of the Regulation 
for the renewal of a Community trade mark shall consist 
of: 
(a) a basic fee; 
(b) a class fee for each class exceeding three in the list of 
classes in respect of which rene\val is applied for as 
shown in paragraph 1 (e); and 
(c) where applicable, the additional fee for late payment 
of the renewal fee or late submission of the request 
for renewal, pursuant to Article 47 (3) of the 
Regulation, as specified in the Fees Regulation. 
(3) Where the application for renewal is filed within the 
time periods provided for in Article 47 (3) of the 
Regulation, but the other conditions governing renewal 
provided for in Article 47 of the Regulation and these 
Rules are not satisfied, the Office shall inform the 
applicant of the deficiencies found. If the application is 
filed by a person whom the proprietor of the trade mark 
has expressly authorized to do so, the proprietor of the 
trade mark shall receive a copy of the notification. IP IN I 1/EEC/T 13 
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No L 303112 Official Journal of the European Communities 15. 12. 95 
(4) Where an application for renewal is not submitted or 
is submitted after expiry of the period provided for in the 
third sentence of Article 47 (3) of the Regulation, or if 
the fees are not paid or are paid only after the period in 
question has expired, or if the deficiencies are not 
remedied within that period, the Office shall determine 
that the registration has expired and shall so notify the 
proprietor of the Community trade mark and, where 
appropriate, the applicant and the person recorded in the 
Register as having rights in the mark. Where the fees paid 
are insufficient to cover all the classes of goods and 
services for which renewal is requested, such a 
determination shall not be made if it is clear which class 
or classes are to be covered. In the absence of other 
criteria, the Office shall take the classes into account in 
the order of classification. 
(5) Where . the determination made pursuant to 
paragraph 4 has become final, the Office shall cancel the 
mark from the register. The cancellation shall take effect 
from the. day following the day on which the existing 
registration expired. 
(6) Where the renewal fees provided for in paragraph 2 
have been paid but the registration is not renewed, those 
fees shall be refunded. 
TITLE V 
TRANSFER, LICENCES AND OTHER RIGHTS, CHANGES 
Rule 31 
Transfer 
(1) An application for registration of a transfer under 
Article 17 of the Regulation shall contain: 
(a) the registration number of the Community trade 
mark; 
(b) particulars of the new proprietor in accordance with 
Rule 1 (1) (b); 
(c) where not all the registered goods or services are 
included in the transfer, particulars of the registered 
goods or services to which the transfer relates; 
(d) documents duly establishing the transfer In 
accordance with Article 17 (2) and (3) of the 
Regulation; 
(2) The application may contain, where applicable, the 
name and business address of the representative of the 
new proprietor, to be set out in accordance with Rule 1 
(1) (e). 
(3) Transfers to any natural or legal persons who cannot 
be proprietors of Community trade marks pursuant to 
Article 5 of the Regulation shall not be registered. (4)· The application shall not be deemed to have been 
filed until the required fee has been paid. If the fee is not 
paid or is not paid in full, the Office shall so notify the 
applicant. 
(5) It shall constitute sufficient proof of transfer under 
paragraph 1 (d): 
(a) that the application for registration of the transfer is 
signed by the registered proprietor or his 
representative and by the successor in title or his 
representative; or, 
(b) that the application, if submitted by the successor in 
title, is accompanied by a declaration, signed by the 
registered proprietOr" or his representative, that he 
agrees to the registration of the successor in title; or 
(c) that the application is accompanied by a completed 
transfer form or document, as specified in Rule 83 (1) 
(d), signed by the registered proprietor or his 
representative and by the successor in title or his 
representative. 
(6) Where the conditions applicable to the registration 
of a transfer, as laid down in Article 17 (1) to (4) of the 
Regulation, in paragraphs 1 to 4 above, and in other 
applicable Rules are not fulfilled, the Office shall notify 
the applicant of the deficiencies. If the deficiencies are not 
remedied \vithin a period specified by the Office, it shall 
reject the application for registration of the transfer. 
(7) A single application for registration of a transfer 
may be submitted for two or more marks, provided that 
the registered proprietor and the successor in title are the 
same in each case. 
(8) Paragraphs 1 to 7 shall apply mutatis mutandis to 
applications for Community trade marks. The transfer 
shall be recorded in the files kept by the Office 
concerning the Community trade mark application. 
Rule 32 
Partial Transfers 
(1) Where the application for registration of a transfer 
relates only to some of the goods and services for which 
the mark is registered, the application shall contain an 
indication of the goods and services to which the partial 
transfer relates. 
(2) The goods and services In the original registration 
shall be distributed between the remaining registration 
and the new registration so that the goods and services in· 
the remaining registration and the new registration shall 
not overlap. 
(3) Rule 31 shall apply mutatis mutandis to applications 
for registrations of a partial transfer. IP IN I lIEEC/T 13 
Page 14 
15. 12. 95 Official Journal of the European Communities No L 303/13 
(4) The Office shall establish a separate file for the new 
registration, which shall consist of a complete copy of the 
file of the original registration and the application for 
registration of the partial transfer; a copy of that 
application shall be included in the file of the remaining 
registration. The Office shall also assign a new 
registration number to the new registration. 
(5) Any application made by the original proprietor 
pending with regard to the original registration shall be 
deemed to be pending with regard to the remaining 
registration and the new registration. \Vhere such 
application is subject to the payment of fees and these 
fees have been paid by the original proprietor, the new 
proprietor shall not be liable to pay any additional fees 
with regard to such application. 
Rule 33 
Registration of licences and other rights 
(1) Rule 31 (1) (a) (b) and (c), (2), (4) and (7) shall 
apply mutatis mutandis to the registration of the grant or 
transfer of a licence, to registration of the creation or 
transfer of a right in rem in respect of a Community 
trade mark, and to registration of enforcement measures. 
However, where a Community trade mark is involved in 
bankruptcy or like proceedings, the request of the 
competent national authority for an entry in the register 
to this effect shall not be subject to payment of a fee. 
(2) Where the Community trade mark is licensed for 
only part of the goods and services for which the mark is 
registered, or for only a part of the Community, or for a 
limited period of time, the application for registration 
shall indicate the goods and services or the part of the 
Community or the time period for which the licence is 
granted. 
(3) Where the conditions applicable _to registration, as 
laid down in Articles 19, 20 or 22 of the Regulation, in 
paragraphs 1 and 2 above, and the other applicable Rules 
arc not fulfilled, the Office shall notify the applicant of 
the irregularity. If the irregularity is not corrected within 
a period specified by the Office, it shall reject the 
application for registration. 
(4) Paragraphs 1, 2 and 3 shall apply mutatis mutandis 
to applications for Community trade marks. Licences, 
rights ill rem and enforcement measures shall be recorded 
in the files kept by the Office concerning the Community 
trade mark application. 
Rule 34 
Special provisions for the registration of a licence 
(1) A licence in respect of a Community trade mark 
shall be recorded in the Register as an exclusive licence if 
the proprietor of the trade mark or the licensee so 
request. (2) A licence in respect of a Community trade mark 
shall be recorded in the Register as a sub-licence where it 
is granted by a licensee whose licence is recorded in the 
Register. 
(3) A licence in respect of a Community trade mark 
shall be recorded in the Register as a licence limited as to 
the goods and services or as a territorially limited licence 
if it is granted for only a part of the goods or services for 
which the mark is registered or if it is granted only for a 
part of the Community. 
(4) A licence in respect of a Community trade mark 
shall be recorded in the Register as a temporary licence if 
it is granted for a limited period of time. 
Rule 35 
Cancellation or modification of the registration of 
licences and other rights 
(1) A registration effected under Rule 33 (1) shall be 
cancelled at the request of one of· the persons 
concerned. 
(2) The application shall contain: 
(a) the registration number of the Community trade 
mark; 
and 
(b) particulars of the right whose registration IS to be 
cancelled. 
(3) Application for cancellation of the registration of a 
licence or another right shall not be deemed to have been 
filed until the required fee has been paid. If the fee is not 
paid or is not paid in full, the Office shall so notify the 
applicant. However, the request of the competent 
national authority for the cancellation of an entry where 
a Community trade mark is involved in· bankruptcy or 
like proceedings shall not be subject to payment of a 
fee. 
(4) The application shall be accompanied by documents 
showing that the registered right no longer exists or by a 
statement by the licensee or the holder of another right, 
to the effect that he consents to cancellation of the 
registration. 
(5) \'\/here the requirements for cancellation of the 
registration are not satisfied, the Office shall notify the 
applicant of the irregularity. If the irregularity is not 
corrected within a period specified by the Office, it shall 
reject the application for cancellation of the registration. 
(6) Paragraphs i, 2, 4 and 5 shall apply mutatis 
mutandis to a request for the modification of a 
registration effected under Rule 33 (1). 
(7) Paragraphs 1 to 6 shall apply mutatis mutandis to 
entries made in the files pursuant to Rule 33 (4). IP IN I l/EEC/T 13 
Page 15 
No L 303114 Official Journal of the European Communities 15. 12. 95 
TITLE VI 
SURRENDER 
Rule 36 
Surrender 
(1) A declaration of surrender pursuant to Article 49 of 
the Regulation shall contain: 
(a) the registration number of the Community trade 
mark; 
(b) the name and address of the proprietor in accordance 
with Rule 1 (1) (b); 
(c) where a representative has been appointed, the name 
and business address of the representative ID 
accordance with Rule 1 (1) (e); 
(d) where surrender is declared only for some of the 
goods and services for which the mark is registered, 
the goods and services for which the surrender is 
declared or the goods and services for which the mark 
is to remain registered. 
(2) Where a right of a third party relating to the 
Community trade mark is entered in the register, it shall 
be sufficient proof of his agreement to the surrender that 
a declaration of consent to the surrender is signed by the 
proprietor of that right or his representative. Where a 
licence has been registered, surrender shall be registered 
three months after the date on which the proprietor of 
the Community trade mark satisfies the Office that he 
has informed the licensee of his intention to surrender it. 
If the proprietor proves to the Office before the expiry of 
that period that the licensee has given his consent, the 
surrender shall be registered forthwith. 
(3) If the requirements governing surrender are not 
fulfilled, the Office shall communicate the deficiencies to 
the declarant. If the deficiencies are not remedied within 
a period to be specified by the Office, the Office shall 
reject the entry of the surrender in the Register. 
TITLE VII 
REVOCATION AND INVALIDITY 
Rule 37 
Application for revocation or for a declaration of 
invalidity . 
An application to the Office for revocation or for a 
declaration of invalidity pursuant to Article 55 of the 
Regulation shall contain: 
(a) as concerns the registration in respect of which 
revocation or a declaration of invalidity is sought; (i) the registration number of the Community trade 
mark in respect of which revocation or a 
declaration of invalidity is sought; 
(ii) the name and address of the proprietor of the 
Community trade mark in respect of which 
revocation or a declaration of invalidity is 
sought; 
(iii) a statement of the registered goods and services 
in respect of which revocation or a declaration of 
invalidity is sought; 
(b) as regards the grounds on which the application is 
based, 
(i) in the case of an application pursuant to Article 
50 or Article 51 of the Regulation, a statement 
of the grounds on which the application for 
revocation or a declaration of invalidity is 
based; 
(ii) in the case of an application pursuant to Article 
52 (1) of the Regulation, particulars of the right 
on which the application for a declaration of 
invalidity is based and if necessary particulars 
showing that the applicant is entitled to adduce 
the earlier right as grounds for invalidity; 
(iii) in the case of an application pursuant to Article 
52 (2) of the Regulation, particulars of the right 
on which the application for a declaration of 
invalidity is based and particulars showing that 
the applicant is the proprietor of an earlier right 
as referred to in Article 52 (2) of the Regulation 
or that he is entitled under the national law 
applicable to lay claim to that right; 
(iv) an indication of the facts, evidence and 
arguments presented in support of those 
grounds; 
(c) as concerns the applicant, 
(i) his name and address in accordance with Rule 1 
(1) (b); 
(ii) if the applicant has appointed a representative, 
the name and the business address of the 
representative, in accordance with Rule 1 (1) 
(e). 
Rule 38 
Languages used in revocation or invalidity proceedings 
(1) Where the application for revocation or for a 
declaration of invalidity is not filed in the language of the 
application for the registration of the Community trade 
mark, if that language is one of the languages of the 
Office, or in the second language indicated when the 
application was filed, the applicant for revocation or for 
a declaration of invalidity shall file a translation of his 
application in one of those two languages within a period 
of one month from the filing of his application. 
(2) Where the evidence in support of the application is 
not filed in the language of the revocation or invalidity 
proceedings, the applicant shall file a translation of that IP 1Nl lIEEC/T 13 
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15. 12. 95 Official Journal of the European Communities No L 303115 
evidence into that language within a period of two 
months after the filing of such evidence. 
(3) Where the applicant for revocation or for a 
declaration of invalidity or the proprietor of the 
Community trade mark inform the Office before the 
expiry of a period of two months from receipt by the 
Community trade mark proprietor of the communication 
referred to in Rule 40 (1), that they have agreed on a 
different language of proceedings pursuant to Article 115 
(7) of the Regulation, the applicant shall, where the 
application was not filed in that language, file a 
translation of the application in that language within a 
period of one month from the said date. 
Rule 39 
Rejection of the application for revocation or for 
declaration of invalidity as inadmissible 
(1) If the Office finds that the application does not 
comply with Article 55 of the Regulation, Rule 37 or any 
other provision of the Regulation or these Rules, it shall 
inform the applicant accordingly and shall call upon him 
to remedy the deficiencies found within such period as it 
may specify. If the deficiencies are not remedied before 
expiry of the time limit, the Office shall reject the 
application as inadmissible. 
(2) Where the Office finds that the required fees have 
not been paid, it shall inform the applicant accordingly 
and shall inform him that the application will be deemed 
not to have been filed if the required fees are not paid 
within a period specified by the Office. If the required 
fees are paid after expiry of the period specified by the 
Office, they shall be refunded to the applicant. 
(3) Any decision to reject an application for revocation 
or for a declaration of invalidity under paragraph 1 shall 
be communicated to the applicant. \Vhere the application 
is considered not to have been filed pursuant to 
paragraph 2, the applicant shall be informed 
accordingly. 
Rule 40 
Examination of the application for revocation or for a 
declaration of invalidity 
(1) If the Office does not reject the application in 
accordance with Rule 39, it shall communicate such 
application to the proprietor of the Community trade 
mark and shall request him to file his observations within 
such period as it may specify. 
(2) If the proprietor of the Community trade mark files 
no observations, the Office may decide on the revocation 
or invalidity on the basis of the evidence before it. (3) Any observations filed by the proprietor of the 
Community trade mark shall be communicated to the 
applicant, who shall be requested by the Office, if it sees 
fit, to reply within a period specified by the Office. 
(4) All communications under Article 56 (1) of the 
Regulation and all observations filed in this respect shall 
be sent to the parties concerned. 
(5) If the applicant, under Article 56 (2) or (3) of the 
Regulation, has to furnish proof of use or proof that 
there are proper reasons for non-use, Rule 22 shall apply 
mutatis mutandis. 
Rule 41 
Multiple applications for revocation or for a declaration 
of invalidity 
(1) Where a number of applications for revocation or 
for a declaration of invalidity have been filed relating to 
the same Community trade mark, the Office may deal 
with them in one set of proceedings. The Office may 
subsequently decide no longer to deal with them in this 
way. 
(2) Rule 21 (2) (3) and (4) shall apply mutatis 
mutandis. 
TITLE VIII 
COMMUNITY COLLECTIVE MARKS 
Rule 42 
Application of provisions 
The provisions of these Rules shall apply to Community 
collective marks, subject to Rule 43. 
Rule 43 
Regulation governing Community collective marks 
(1) Where the application for a Community collective 
trade mark does not contain the regulations governing its 
use pursuant to Article 65 of the Regulation, those 
regulations shall be submitted to the Office within a 
period of two months after the date of filing. 
(2) The regulations governing Community collective 
marks shall specify: 
(a) the name of the ~pplicant and his office address; 
(b) the object of the association or the object for which 
the legal person governed by public law IS 
constituted; IP IN 11 IEEC/T 13 
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No L 303116 Official Journal of the European Communities 15. 12. 95 
(c) the bodies authorized to represent the association or 
the said legal person; 
(d) the conditions for membership; 
(e) the persons authorized to use the mark; 
(f) where appropriate, the conditions governing use of 
the mark, including sanctions; 
(g) where appropriate, the authorization referred to in 
the second sentence of Article 65 (2) of the 
Regulation. 
TITLE IX 
CONVERSION 
Rule 44 
Application for conversion 
(1) An application for conversion of a Community trade 
mark application or a registered Community trade mark 
into a national trademark application pursuant to Article 
108 of the Regulation shall contain: 
(a) the name and the address of the' applicant for 
conversion in accordance with Rule 1 (1) (b); 
(b) where the applicant for conversion has appointed a 
representative, the name and the business address of 
the representative in accordance with Rule 1 (1) (e); 
(c) the filing number of the Community trade mark 
application or the registration number of the 
Community trade mark; 
(d) the date of filing of the Community trade mark 
application or the Community trade mark and, where 
applicable, particulars of the claim to pri.ority for the 
Community trade mark application or the 
Community trade mark pursuant to Articles 30 and 
33 of the Regulation and particulars of the claim to 
seniority pursuant to Articles 34 and 35 of the 
Regulation; 
(c) a representation of the mark as contained m the 
application or as registered; 
(f) the specification of the Member State or the Member 
States in respect of which conversion is requested; 
(g) where the request does not relate to all of the goods 
and services for \vhich the application has been filed 
or for which the tr3de mark has been registered, an 
indication of the goods and services for which 
conversion is requested, and, where conversion is 
requested in respect of more than one Me~ber State 
and the list of goods and services is not the same for 
all Member States, an indication of the respective 
goods and services for each Member State; (h) where conversion is requested pursuant to Article 108 
(4) of the Regulation, an indication to that effect; 
(i) where conversion is requested pursuant to Article 108 
(5) of the Regulation following a withdrawal of an 
application for registration, an indication to that.' 
effect, and the date on which the application for 
registration was withdrawn; 
(j) where conversion is requested pursuant to Article 108 
(5) of the Regulation following a failure to renew the 
registration, an indication to that effect, and the date 
on which the period of protection has expired, the 
period of three months provided for in Article 108 (5) 
of the' Regulation shall begin to run on the day 
following the last day on which the request for 
renewal can be presented pursuant to Article 47 (3) of 
the Regulation; 
(k) where conversion is requested pursuant to article 108 
(6) of the Regulation, an indication to that effect, the 
date on which the decision of the national court has 
become final, and a copy of that decision. 
(2) Where a copy of a court decision pursuant to 
paragraph 1 (k) is required, that copy may be submitted 
in the language in which the decision was given. 
Rule 45 
Examination of application for conversion 
(1) \X'here the application for conversion does not 
comply with the requirements of. Article 108 (1) of the 
Regulation or was not filed within the relevant period of 
three months, the Office shall reject it. 
(2) Where the conversion fee has not been paid within 
the relevant period of three months, the Office shall 
inform the applicant that the application for conversion 
shall be deemed not to have been filed. 
(3) \X'here the other requirements governing conversion 
as provided for in Rule 44 and in other Rules governing 
such applications are not fulfilled, the Office shall inform 
the applicant accordingly and invite him to remedy the 
deficiency within a period specified by the Office. If the 
deficiencies are not remedied within that period, the 
Office shall reject the application for conversion. 
Rule 46 
Publication of application for conversion 
(1) \X1here the application for conversion relates toa 
Community trade mark application which has already 
been published in the Community Trade Mark Bulletin 
pursuant to Article 40 of the Regulation or where the 
application for conversion relates to a Community trade 
mark, the application for conversion shall be publIshed in 
the Community Trade Marks Bulletin. IP IN/lIEEC/T 13 
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15. 12. 95 Official Journal of the European Communities No L 303117 
(2) The publication of the application for conversion 
shall contain: 
(a) the filing number or the registration number of the 
trade mark In respect of which conversion is 
requested; 
(b) a reference to the previous publication of the 
application or the registration in the Community 
Trade marks Bulletin; 
(c) an indication of the Member State or Member States 
in respect of which conversion has been requested; 
(d) where the request does not relate to all of the goods 
and services for which the application has been filed 
or for which the trade mark has been registered, an 
indication of the goods and services for which 
conversion is requested; 
(e) where conversion is requested in respect of more than 
one Member State and the list of goods and services 
is not the same for all Member States, an indication 
of the respective goods and services for each Member 
State; 
(f) the date of the application for conversion. 
Rule 47 
Transmission to central industrial property offices of the 
Member States 
\'V'here the application for conversion complies with the 
requirements of the Regulation and these Rules, the 
Office shall transmit \vithout delay the application for 
conversion to the central industrial property offices of the 
Member States specified therein, including the Benelux 
Trade Mark Office. The Office shall inform the applicant 
of the date of transmission. 
TITLE X 
APPEALS 
Rule 48 
Content of the notice of appeal 
(1) The notice of appeal shall contain: 
(a) the name and address of the appellant in accordance 
with rule 1 (1) (b); , 
(b) where the appellant has appointed a representative, 
the name and the business address of the 
representative in accordance with Rule 1 (1) (e); 
(c) a statement identifying the decision which is contested 
and the extent to which amendment or cancellation 
of the decision is requested. 
(2) The notice of appeal shall be filed in the language of 
the proceedings in which the decision subject to the 
appeal was taken. Rule 49 
Rejection of the appeal as inadmissible 
(1) If the appeal does not comply with Articles 57, 58 
and 59 of the Regulation and Rule 48 (1) (c) and (2), the 
Board of Appeal shall reject it as inadmissible, unless 
each deficiency has been remedied before the relevant 
time limit laid down in Article 59 of the Regulation has 
expired. 
(2) If the Board of Appeal finds that the appeal does not 
comply with other provisions of the Regulation or other 
provisions of these Rules, in particular Rule 48 (1) (a) 
and (b), it shall inform the appellant accordingly and 
shall request him to remedy the deficiencies noted within 
such period as it may specify. If the appeal is not 
corrected in good time, the Board of Appeal shall reject it 
as inadmissible. 
(3) If the fee for appeal has been paid after expiry of the 
period for the filing of appeal pursuant to Article 59 of 
the Regulation, the appeal shall be deemed not to have 
been filed and the appeal fee sh;:l1 I be refunded to the 
appellant. 
Rule 50 
Examination of appeals 
(1) Unless otherwise provided, the provisions relating to 
proceedings before the department which has made the 
decision against which the appeal is brought shall be 
applicable to appeal proceedings mutatis mutandis. 
(2) The Board of Appeal's decision shall contain: 
(a) a statement that it is delivered by the Board; 
(b) the date when the decision was taken; 
(c) the names of the Chairman and of the other members 
of the Board of Appeal taking part; 
(d) the name of the competent employee of the registry; 
(e) the names of the parties and of their representatives; 
(f) a statement of the issues to be decided; 
(g) a summary of the facts; 
(h) the reasons; 
(i) the order of the Board of Appeal, including, where 
necessary, a decision on costs. 
(3) The decision shall be signed by the Chairman and 
the other members of the Board of Appeal and by the 
employee of the registry of the Board of Appeal. IP IN I 1/EEC/T 13 
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No L 303118 Official Journal of the European Communities 15. 12. 95 
Rule 51 
Reimbursement of appeal fees 
The reimbursement of appeal fees shall be ordered in the 
event of interlocutory revision or where the Board of 
Appeal deems an appeal to be allowable, if such 
reimbursement is equitable by reason of a substantial 
procedural violation. In the event of interlocutory 
reVlSIOn, reimbursement shall be ordered by the 
department whose decision has been impugned, and in 
other cases by the Board of Appeal. 
TITLE XI 
GENERAL PROVISIONS 
Part A 
Decisions and communications of the Office 
Rule 52 
Form of decisions 
(1) Decisions of the Office shall be in writing and shall 
state the reasons on which they are based. Where oral 
proceedings are held before the Office, the decision may 
be given orally. Subsequently, the decision in writing shall 
be notified to the parties. 
(2) Decisions of the Office which are open to appeal 
shall be accompanied by a written communication 
indicating that notice of appeal must be filed in writing at 
the Office within two months of the date of notification 
of the decision from which appeal is to be made. The 
communications shall also draw the attention of the 
parties to the provisions laid down in Articles 57, 58 and 
59 of the Regulation. The p'arties may not plead any 
failure to communicate the availability proceedings. 
Rule 53 
Correction of errors in decisions 
In decisions of the Office, only linguistic errors, errors of 
transcription and obvious mistakes my be corrected. They 
shall be corrected by the department which took the 
decision, acting of its own motion or at the request of an 
interested party. 
Rule 54 
Noting of loss of rights 
(1) If the Office finds that the loss of any rights results 
from the Regulation or these Rules without any decision 
having been taken, it shall communicate this to the person concerned in accordance with Article 77 of the 
Regulation, and shall draw his attention to the substance 
of paragraph 2 of this Rule. ' 
(2) If the person concerned considers that the finding of 
the Office is inaccurate, he may, within two months after 
notification of the communication referred to in 
paragraph 1, apply for a decision on the matter by the 
Office. Such decision shall be given only if the Office 
disagrees with the person requesting it; otherwise the 
Office shall amend its finding and inform the person 
requesting the decision. 
Rule 55 
Signature, name, seal 
(1) Any decision, communication or notice from the 
Office shall indicate the department or division of the 
Office as well as the name or the names of the official or 
officials responsible. They shall be signed by the official 
or officials, or, instead of a signature, carry a printed or 
stamped seal of the Office. 
(2) The President of the Office may determine that other 
means of identifying the department or division of the 
Office and the name of the official or officials responsible 
or an identification other than a seal may be used where 
decisions, communications or notices are transmitted by 
telecopier or any other technical means of 
communication. 
Part B 
Oral proceedings and taking of evidence 
Rule 56 
Summons to oral proceedings 
(1) The parties shall be summoned to oral proceedings 
provided for in Article 75 of the Regulation and their 
attention shall be drawn to pqragraph 3 of this Rule. At 
least one month's, notice of the summons shall be given 
unless the parties agree to a shorter period. 
(2) When issuing the summons, the Office shall draw 
attention to the points which in its opinion need to be 
discussed in order for the decision to be taken. 
(3) If a party who has been duly summoned to oral 
proceedings -before the Office does not appear as 
summoned, the proceedings may continue without him. IP/NIlIEEC/T/3 
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15. 12. 95 Official Journal of the European Communities No L 303119 
Rule 57 
Taking of evidence by the Office 
(1) Where the Office considers it necessary to hear the 
oral evidence of parties, of witnesses or of experts or to 
carry out an inspection, it shall take a decision to that 
end, stating the means by which it intends to obtain 
evidence, the relevant facts to be proved and the date, 
time and place of hearing or inspection. If oral evidence 
of witnesses and experts is requested by a party, the 
decision of the Office shall determine the period of time 
within which the party filing the request must make 
known to the Office the names and addresses of the 
witnesses and experts whom the party wishes to be 
heard. 
(2) The period of notice given in the summons of a 
party, witness or expert to give evidence shall be at least 
one month, unless they agree to a shorter period. The' 
summons shall contain: 
(a) an extract from the decision mentioned in paragraph 
1, indicating in particular the date, time and place of 
the hearing ordered and stating the facts regarding 
which the parties, witnesses and experts are to be 
heard; 
(b) the names of the parties to proceedings and 
particulars of the rights which. the witnesses or 
experts may invoke under Rule 59 (2) to (5). 
Rule 58 
Commissioning of experts 
(1) The Office shall decide in what form the report 
made by an expert whom it appoints shall be 
submitted. 
(2) The terms of reference of the expert shall include: 
(a) a precise description of his task; 
(b) the time limit laid down for the submission of the 
expert report; 
(c) the names of the parties to the proceedings; 
(d) particulars of the claims which he may invoke under 
Rule 59 (2), (3) and (4). ' 
(3) A copy of any written report shall be submitted to 
the parties. 
(4) The parties may object to an expert on grounds of 
incompetence or on the same grounds as those on which 
objection may be made to an examiner or to a member 
of a Division or Board of Appeal pursuant to Article 132 
(1) and (3) of the Regulation. The department of the 
Office concerned shall rule on the objection. Rule 59 
Costs of taking of evidence 
(1) The taking of evidence by the Office m2y be made 
conditional upon deposit with it, by the party who has 
requested the evidence to be taken, of a sum which shall 
be fixed by reference to an estimate of the costs. 
(2) \XTitnesses and experts who are summoned by and 
appear before the Office shall be entitled to 
reimbursement of reasonable expenses for travt! and 
subsistence. An advance for these expenses may be 
granted to them by the Office. The first sentence shall 
apply also to witnesses and experts who appear before 
the Office without being summoned by it and are heard 
as witnesses or experts. 
(3) Witnesses entitled to reimbursement under 
paragraph 2 shall also be entitled to appropriate 
compensation for loss of earnings, and experts to fees for 
their work. These payments shall be made to the 
witnesses and experts after they have fulfilled their duties 
or tasks, where such witnesses and experts have been 
summoned by the Office of its own initiative. 
(4) The amounts and the advances for expenses to be 
paid pursuant to paragraphs 1, 2 and 3 shall be 
determined by the President of the Office and shall be 
published in the Official Journal of the Office. The 
amounts shall be calculated on the same basis as the 
compensation and salaries received by officials in grades 
A4 to AS as laid down in the Staff Regulations of 
Officials of the European Communities and Annex VII 
thereto. 
(5) Final liability for the amounts due or paid pursuant 
to paragraphs 1 to 4 shall lie with: 
(a) the Office where the Office, at its own 1I1ltlatlve, 
considered it necessary to hear the oral evidence of 
witnesses or experts; 
or 
(b) the party concerned where that party requested the 
giving of oral evidence by witnesses or experts, 
subject to the decision on apportionment and fixing 
of costs pursuant to Articles 81 and 82 of the 
Regulation and Rule 94. Such party shall reimburse 
the Office for any advances duly paid. 
Rule 60 
Minutes of oral proceedings and of evidence 
(1) Minutes of oral proceedings or the taking of 
evidence shall be drawn up, containing the essentials of 
the oral proceedings or of the taking 0'£ evidence, the 
relevpnt statements made by the parties, the testimony of IP IN 11 IEEC/T 13 
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No L 303120 Official Journal of the European Communities 15. 12. 95 
the parties, witnesses or experts and the result of any 
inspection. 
(2) The minutes of the testimony of a witness, expert or 
party shall be read out or submitted to him so that he 
may examine them. It shall be noted in the minutes that 
this formality has been carried out and that the person 
who gave the testimony approved the minutes. Where his 
approval is not given, his objections shall be noted. 
(3) The minutes shall be signed by the employee who 
drew them up and by the employee who conducted the 
oral proceedings or taking of evidence. 
(4) The parties shall be provided with a copy of the 
minutes. 
(5) Upon request, the Office shall make available to the 
parties transcripts of recordings of the oral proceedings, 
in typescript or in any other machine-readable form. The 
release under the first sentence of the oral proceedings 
shall be subject to the payment of the costs incurred by 
the Office in making such transcript. The amount to be 
charged shall be determined by the President of the 
Office. 
Part C 
Notifications 
Rule 61 
General provisions on notifications 
(1) In proceedings before the Office, any notifications to 
be made by the Office shall take the form of the original 
document, of'a copy thereof certified by, or bearing the 
seal of, the Office or of a computer print-out bearing 
such seal. Copies 'of documents emanating from the 
parties themselves shall not require such certification. 
(2) Notifications shall be made 
(a) by post in ,accordance with Rule 62; 
(b) by hand delivery in accordance with Rule 63; 
(c) by deposit in a post box at the Office in accordance 
with Rule 64; 
(d) by telecopier and other technical means in accordance 
withl Rule 65; 
(e) by public n~tification in accordance with Rule 66. Rule 62 
Notification by post 
(1) Decisions subject to a time limit for appeal, 
summonses and other documents as determined by the 
President of the Office shall be notified by registered 
letter with advice of delivery. Decisions and 
communications subject to some other time limit shall be 
notified by registered letter, unless the President of the 
Office determines otherwise. All other communications 
shall be ordinary mail. 
(2) Notifications in respect of addresses having neither 
their domicile nor their principal place of business nor an 
establishment in the Community and who have not 
appointed a representative in accordance with Article 88 
(2) of the Regulation shall be effected by posting the 
document requiring notification by ordinary mail to the 
last address of the addressee known to the Office. 
Notification shall be deemed to have been effected when 
the posting has taken place. 
(3) Where notification is effected by registered letter, 
whether or not with advice of delivery, this shall be 
deemed to be delivered to the addressee on the 10th day 
following that of its posting, unless the letter has failed to 
reach the addressee or has reached him at a later date. In 
the event of any dispute, it shall be for the Office to 
establish that the letter has reached its destination or to 
establish the date on which it was delivered to the 
addressee, as the case may be. 
(4) Notification by registered letter, with or without 
advice of delivery, shall be deemed to have been effected 
even if the addressee refuses to accept the letter. 
(5) To the extent that notification by post is not covered 
by paragraphs 1 to 4, the law of the State on the territory 
of which notification is made shall apply. 
Rule 63 
Notification by hand delivery 
Notification may be effected on the premises of the 
Office by hand delivery of the document to the addressee, 
who shall on delivery acknowledge its receipt. 
Rule 64 
Notification by deposit in a post box at the Office 
Notification may also be effected to addressees who have 
been provided with a post box at the Office, by 
depositing the document therein.' A written notification 
of deposit shall be inserted in the files. The date of IP/N/lIEEC/T/3 
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15. 12. 95 Official Journal of the European Communities No L 303121 
deposit shall be recorded on the document. Notification 
shall be deemed to have taken place on the fifth day 
following deposit of the document in the post box at the 
Office. . 
Rule 65 
Notification by telecopier and other technical means 
(1) Notification by telecopier shall be effected by 
transmitting either the original or a copy, as provided for 
in Rule 61 (1), of the document to be notified. The 
details of such transmission shall be determined by the 
President of the Office. 
(2) Details of notification by other technical means of 
communication shall be determined by the President of 
the Office. 
Rule 66 
Public notification 
(1) If the address of the addressee cannot be established, 
or if notification in accordance with Rule 62 (1) has 
proved to be impossible even after a second attempt by 
the Office, notification shall be effected by public notice. 
Such notice shall be published at least in the Community 
Trade Marks Bulletin. 
(2) The President of the Office shall determine how the 
public notice is to be given and shall fix the beginning of 
the one-month period on the expiry of which the 
document shall be deemed to have been notified. 
Rule 67 
Notification to representatives 
(1) If a representative has been appointed or where the 
applicant first named in· a common application is 
considered to be the common representative pursuant to 
Rule 75 (1), notifications shall be addressed to that 
appointed or common representative. 
(2) If several representatives have been appointed for a 
single interested party, notification to anyone of them 
shall be sufficient, unless a specific address for service has 
been indicated in accordance with Rule 1 (1) (e). 
(3) If several interested parties have appointed a 
common representative, notification of a single document 
to the common representative shall be sufficient. Rule 68 
Irregularities in notification 
Where a document has reached the addressee, if the 
Office is unable to prove that it has been duly notified, or 
if provisions relating to its notification have not been 
observed, the document shall be deemed to have been 
notified on the date established by the Office as the date 
of receipt. 
Rule 69 
Notification of documents in the case of several parties 
Documents emanating from parties which contain 
substantive proposals, or a declaration of withdrawal of 
a substantive proposal, shall be notified to the other 
parties as a matter of course. Notification may be 
dispensed with where the document contains no new 
pleadings and the matter is ready for decision. 
Part D 
Timelimits 
Rule 70 
Calculation of time limits 
(1) Periods shall be laid down in terms of full years, 
months, weeks or days. 
(2) Calculation shall start on the day following the day 
on which the relevant event occurred, the event being 
either a procedural step or the expiry cif another period. 
Where that procedural step is a notification, the event 
considered shall be the receipt of the document notified, 
unless otherwise provided. 
(3) Where a period is expressed as one year or a certain 
number of years, it shall expire in the relevant subsequent 
year in the month having the same name and on the 'day 
having the same number as the month and the day on 
which the said event occurred. \\lhere the relevant month 
has no day with the same number the period shall expire 
on the last day of that month. 
(4) Where a period is expressed as one month or a 
certain number of months, it shall expire in the relevant 
subsequent month on the day which has the same 
number as the day on which the said eyent occurred. 
Where the day on which the said event occurred was the 
last day of a month or where the relevant subsequent 
month has no day with the same number the period shall 
expire on the last day of that month. 
(5) Where a period is expressed as one week or a certain 
number of weeks, it shall expire in the relevant 
subsequent week on the day having the same name as the 
day on which the said event occurred. IP IN 11 IEEe/T 13 
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No L 303122 Official Journal of the European Communities 15. 12. 95 
Rule 71 
Duration of time limits 
(1) Where the Regulation or these Rules provide for a 
period to be specified by the Office, such period shall, 
when the party concerned has its domicile or its principal 
place of business or an establishment within the 
Community, be not less than one month, or, when those 
conditions are not fulfilled, not less than two months, 
and no more than six months. The Office may, when this 
IS appropriate under the circumstances, grant an 
extension of a period specified if such extension IS 
requested by the party concerned and the request is 
submitted before the original period expired. 
(2) Where there are two or more parties, the Office may 
extend a period subject to the agreement of the other 
parties. 
Rule 72 
Expiry of time limits in special cases 
(1) If a time limit expires on a day on which the Office 
is nOt open for receipt of documents or on which, for 
reasons other than those referred to in paragraph 2, 
ordinary mail is not delivered in the locality in which the 
Office is located, the time limit shall extend until the first 
day thereafter on which the Office is open for receipt of 
documents and on which ordinary mail is delivered. The 
days referred to in the first sentence shall be as 
determined bv the President of the Office before the 
commenceme~t of each calendar year. 
(2) If a time limit expires on a day on \vhich there is a 
general interruption or subsequent dislocation in the 
delivery of mail in a Member State or between a Member 
State and the Office, the time limit shall extend until the 
first day following the end of the period of interruption 
or dislocation, for parties having their residence or 
registered office in the State concerned or who have 
appointed representatives with a place of business in that 
State. In the event of the Member State concerned being 
the· State in which the Office is located, this provision 
shall apply to all parties. The duration of the 
above mentioned period shall be as determined by the 
President of the Office. 
(3) Paragraphs 1 and 2 shall apply mutatis 11'mtandis to 
the time limits provided for in the Regulation or these 
Rules in the case of transactions to be carried out with 
the competent authority within the meaning of Article 25 
(1) (b) of the Regulation. 
(4) If an exceptional occurrence such as natural disaster 
or strike interrupts or dislocates the proper functioning 
of the Office so that any communication from the Office 
to parties concerning the expiry of a time limit is delayed, 
acts to be completed within such a time limit may still be 
validly completed within one month after the notification 
of the delayed communication. The date of 
commencement and the end of any such interruption or disloC3tion shall be as determined by the President of the 
Office. 
Part E 
Intenuptioll of proceedings 
Rule 73 
Interruption of proceedings 
(1) Pr6ceedings before the Office shall be interrupted: 
(a) in the event of the death or legal incapacity of the 
applicant for or proprietor of a Community trade 
mark or of the person authorized by nation::!l law to 
act on his' behalf. To the extent that the above events 
do not affect the authorization of a representative 
appointed under Article 89 of the Regulation, 
proceedings shall be interrupted only on application 
by such representative; 
(b) in the event of the applicant for or proprietor of a 
Community trade mark, as a result of some action 
taken against his property, being prevented for legal 
reasons from continuing the proceedings before the 
Office; 
(c) in the event of the death or legal incapacity of the 
representative of an applicant for or proprietor of a 
Community trade mark or of his being prevented for 
legal reasons resulting from action taken against his 
property from continuing the proceedings before the 
Office. 
(2) When, in the cases referred to in paragraph 1 (a) and 
(b), the Office has been informed of the identity of the 
person authorized to continue the proceedings before the 
Office, the Office shall communicate to such person and 
to any interested third parties that the proceedings shall 
be resumed as from a date to be fixed by the Office. 
(3) In the case referred to in paragraph 1 (c), the 
proceedings shall be resumed when the Office has been 
informed of the appointment of a new representative of 
the applicant or when the Office has notified to the other 
parties the communication of the appointment of a new 
representative of the proprietor of the Community trade 
mark. If, three months after the beginning of the 
interruption of the proceedings, the Office has not been 
informed of the appointment of a new representative, it 
shall inform the applicant for or proprietor of the 
Community trade mark: 
(a) where Article 88 (2) of the Regulation is applicable, 
that the Community trade rriark application will be 
deemed to be withdrawn if the information IS not 
submitted within two months after this 
communication is notified; or 
(b) where Article 88 (2) of the Regulation is not 
applicable, that the proceedings will be resumed with 
the applicant for or proprietor of the Community IP IN 11 IEEC/T 13 
Page 24 
15. 12. 95 Official Journal of the European Communities No L 303123 
trade mark as from the date on which this 
communication is notified. 
(4) The time limits, other than the time limit for paying 
the renewal fees, in force as regards the applicant for or 
proprietor of the Community trade mark at the date of 
interruption of the proceedings, shall begin again as from 
the day on which the proceedings are resumed. 
Part F 
Waiving of enforced recovery procedures 
Rule 74 
Waiving of enforced recovery procedures 
The President of the Office may· waive action for the 
enforced recovery of any sum due where the sum to be 
recovered is minimal or where such recovery is too 
uncertain. 
Part G 
Representation 
Rule 7S 
Appointment of a common representative 
(1) If there is more than one applicant and the 
application for a Community trade mark does not name 
a common representative, the applicant first named in the 
application shall be considered to be the common 
representative. However, if one of the applicants is· 
obliged to appoint a professional representative, such 
representative shall be considered to be the common 
representative unless the applicant named first in the 
application has appointed a professional representative. 
The same shall apply mutatis mutandis to third parties 
acting in common in filing notice of opposition or 
applying for revocation or for a declaration of invalidity, 
and to joint proprietors of a Community trade mark. 
(2) If, during the course of proceedings, transfer is made 
to more than one person, and such persons have not 
appointed a common representative, paragraph 1 shall 
apply. If such application is not possible, the Office shall 
require such persons to appoint a common representative 
within two months. If this request is not complied with, 
the Office shall appoint the common representative. 
Rule76 
Authorizations 
(1) Representatives acting before the Office must file 
with it a signed authorization for inclusion in the files. The authorization may cover one or more applications or 
one or more registered trade marks. 
(2) A general authorization enabling a representative to 
act in respect of all trade mark transactions of the party 
giving the authorization may be filed. 
(3) The authorization may be filed in any language of 
the Office and in the language of the proceedings if that 
language is not one of the languages of the Office. 
(4) Where the appointment of a representative is 
communicated to the Office, the necessary authorization 
shall be filed within a period specified by the Office. If 
the authorization is not filed in due time, proceedings 
shall be continued with the represented person. Any 
procedural steps other than the filing of the application 
taken by the representative shall be deemed not to have 
been taken if the represented person does not approve 
them. The application of Article 88 (2) of the Regulation 
shall remain unaffected. 
(5) Paragraphs 1 to 3 shall apply 11Iut<ltis mutandis to a 
document withdrawing an authorization. 
(6) Any representative who has ceased to be authorized 
shall continue to be regarded as the representative until 
the termination of his authorization has been 
communicated to the Office. 
(7) Subject to any provisions to the contrary contained 
therein, an authorization shall not terminate uis-a-vis the 
Office upon the death of the person who gave it. 
(8) Where several representatives are appointed by the 
same party, they may, notwithstanding any provisions to 
the contrary in their authorizations, act either jointly or 
singly. 
(9) The authorization of an assoCiation of 
representatives shall be deemed to be an authorization of 
any representative who can establish that he practises 
within that association. 
Rule 77 
Representation 
Any notification or other communication addressed by 
the Office to the duly authorized representative shall have 
the same effect as if. it had been addressed to the 
represented person. Any communication addressed to the 
Office ·by the duly authorized representative shall have 
the same effect as if it originated from the represented 
person. IP IN 11IEEC/T 13 
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No L 303/24 Official Journal of the European Communities 15. 12. 95 
Rule 78 
Amendment of the list of professional representatives 
(1) The entry of a professional representative in the list 
of professional representatives, as referred to in Article 
89 of the Regulation, shall be deleted at his request. 
(2) The entry of a professional representative shall be 
deleted automatically: 
(a) in the event of the death or legal incapacity of the 
professional representative; 
(b) where the professional representative is no longer a 
national of a Member Stare, unless the President of 
the Office has granted an exemption under Article 89 
(4) (b) of the Regulation; 
(c) where the professional representative no longer has 
his place of business or employment In the 
Community; 
(d) where the professional representative no longer 
possesses the entitlement referred to in the first 
sentence of Article 89 (2) (c) of the Regulation. 
(3) The entry of a professional representative shall be 
suspended of the, Office's own motion where his 
entitlement to represent natural or legal persons before 
the central industrial property office of the Member State 
as referred to in the fist sentence of Article 89 (2) (c) has 
been suspended. 
(4) A person whose entry has been deleted shall, upon 
request pursuant to Article 89 (3) of the Regulation, be 
reinstated in the list of professional representatives if the 
conditions for deletion no longer exist. 
(5) The Benelux Trade Mark Office and the central 
industrial property offices of the Member States 
concerned shall, where they are aware thereof, promptly 
inform the Office of any relevant events under 
paragraphs 2 and 3. 
(6) The amendments of the list of professional 
representatives shall be published in the Official Journal 
of the Office. 
Part H 
Written communications and (omts 
Rule 79 
Communication in writing or by other means 
Applications for the registration of a Community trade 
mark as well as any other application provided for in the 
Regulation and all other communications addressed to 
the Office shall be submitted as follows: (a) by submitting a signed original of the document in 
question at the Office, such as by post, personal 
delivery, or by any other means; annexes to 
documents submitted need not be signed; 
(b) by transmitting a signed original by telecopier In 
accordance with Rule 80; 
(c) by telex or telegram in accordance with Rule 81; 
(d) by transmitting the contents of the communication by 
electronic means in accordance \,vith Rule 82. 
Rule 80 
Communication by telecopier 
(1) Where an application for registration of a trade 
mark is submitted to the Office by telecopier and the 
application contains a reproduction of the mark pursuant 
to Rule 3 (2) which does not satisfy the requirements of 
that Rule, the required number of original reproductions 
shall be submitted to the Office in accordance with Rule 
79 (a). Where the reproductions are received by the 
Office \vithin a period of one month from the date of the 
receipt of the telecopy by the Office, the application shall 
be deemed to have been received by the Office on the 
date on which the telecopy was received by the Office. 
\'V'here the reproductions are received by the Office after 
the expiry of that period and the reproduction is 
necessary for the obtaining of a filing date, the 
application shall be deemed to have been received by the 
Office on the date on which the reproductions \vere 
received by the Office. 
(2) Where a communication received by telecopier is 
incomplete or illegible, or where the Office has 
reasonable doubts as to the accuracy of the transmission, 
the Office shall inform the sender accordingly and shall 
invite him, within a period to be specified by the Office, 
to retransmit the original by telecopy or to submit the 
original in accordance with Rule 79 (a). Where this 
request is complied with \vithin the period specified, the 
date of the receipt of the retransmission or of the original 
shall be deemed to be the date of the receipt of the 
original communication, provided that where the 
deficiency concerns the granting of a filing date for an 
application to register a trade mark, the provisions on the 
filing date shall apply. Where the request is not complied 
with within the period specified, the communication shall 
be deemed not to have been received.· 
(3) Any communication submitted to the Office by 
teJecopier shall be considered to be duly signed if the 
reproduction of the signature appears on the printout 
produced by the telecopier. 
(4) The President of the Office may determine additional 
requirements of communication by telecopier, such as the 
equipment to be used, technical details of 
communication, and methods of identifying the sender. IP IN I l/EEC/T 13 
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15. 12. 95 Official Journal of the European Communities No L 303/25 
Rule 81 
Communication by telex or telegram 
(1) Where an application for registration of a trade 
mark is submitted to the Office by telex or by telegram 
and the application contains a reproduction of the mark 
pursuant to Rule 3 (2), Rule 80 (1) shall apply mutatis 
mutandis. 
(2) Where a communication is submitted by telex or 
telegram, Rule 80 (2) shall apply mutatis muta11dis. 
(3) Where a communication is submitted by telex or 
telegram, the indication of the name of the sender shall 
be deemed equivalent to the signature. 
Rule 82 
Communication by electronic means 
(1) Where an application for registration of a trademark 
is submitted by electronic means and the application 
contains a reproduction of the mark pursuant to Rule 3 
(2), Rule 80 (1) shall apply mutatis mutandis. 
(2) Where a communication is sent by electronic means, 
Rule 80 (2) shall apply mutatis mutandis. 
(3) Where a communication is sent to the Office by 
electronic means, the indication of the name of the sender 
shall be deemed to be equivalent to the signature. 
(4) The President of the Office shall determine the 
requirements as to communication by electronic means, 
slIch as the equipment to be used, technical details of 
communication, and methods of identifying the sender. 
Rule 83 
Forms 
(1) The Office shall make available free of charge forms 
for the purpose of: 
(a) filing an application for a Community trade mark; 
(b) entering opposition to registration of a Community 
trade mark; 
(c) applying for an amendment of an application or a 
registration, for correction of names and addresses 
and of mistakes and errors; 
(d) applying for the registration of a transfer and the 
transfer form and· transfer document provided for in 
Rule 31 (5); (e) applying for the registration of a lice~ce;" 
(f) applying for renewal of the registration of a 
Community trade mark; 
(g) applying for revocation or for a declaration of 
invalidity of a Community trade mark; 
(h) applying for restitutio in integrum; 
(i) making an appeal; 
(i) authorizing a representative, in the form of an 
individual authorization and in the form of a general 
authorization. 
(2) The Office may make other forms available free of 
charge. 
(3) The Office shall make available the forms referred to 
in paragraphs 1 and 2 in all the official languages of the 
Community. 
(4) The Office shall place the forms at the disposal of 
the Benelux Trade Mark Office and the Member States' 
central industrial property offices free of charge. 
(5) The Office may also make available the forms 111 
machine-readable form. 
(6) Parties to proceedings before the Offi~e shall use the 
forms provided by the Office, or copies of these forms, or 
forms with the same content and format as these forms, 
such as forms generated by means of electronic data 
processing. 
(7) Forms shall be completed in such a manner as to 
permit an automated input of the content into a 
computer, sllch as by character recognition or scanning. 
Part I 
I11formation of the public 
Rule 84 
Register of Community Trade Marks 
(1) The Register of Community Trade Marks may be 
maintained in the" form of an electronic database. 
(2) The Register of Community Trade Marks shall 
contain the following entries: 
(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, the address and the nationality of the 
applicant and the State in which he is domiciled or 
has his seat or establishment; IP IN I l/EEC/T 13 
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No L 303/26 Official Journal of the European Communities 15. 12. 95 
(e) the name a~d business address of the representative, 
other than a representative falling within the first 
sentence of Article 88 (3) of the Regulation; where 
there is more than one representative, only the name 
and business address of the first named 
representative, followed by the words and others, 
shall be recorded; where an association of 
representatives is appointed, only the name and 
address of the association shall be recorded; 
(f) the reproduction of the mark, with indications as to 
its nature, unless it is a mark falling under Rule 3 (1); 
where the registration of the mark is in colour, the 
indication 'in colour' with an indication of the colour 
or colours making up the mark; where applicable, a 
description of the mark; 
(g) an indication of the goods and services by their 
names, grouped according to the classes of the Nice 
Classification; each group shall be preceded by the 
number of the class of that classification to which 
that group of goods and services belongs and shall be 
presented in the order of the classes of that 
c1assifica tion 
(h) particulars of claims of priority pursuant to Article 30 
of the Regulation; 
(i) particulars of claims of exhibition priority pursuant 
to Article 33 of the Regulation; 
(j) particulars of claims of seniority of an earlier 
registered trade mark as referred to in Article 34 of 
the Regulation; 
(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) of the Regulation; 
(I) a declaration by the applicant disclaiming any 
exclusive right to some element of the mark pursuant 
to Article 38 (2) of the Regulation; 
(m) 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 115 (3) of the 
Regulation; 
(0) the date of registration of the mark In the Register 
and the registration number. 
(3) The Register of Community Trade Marks shall also 
contain the following entries, each accompanied by the 
date of recording of such entry: 
(a) changes in the name, the address or the nationality of 
the proprietor of a Community trade mark or 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 falling 
within Article 88 (3), first sentence, of the 
Regulation; (c) when a new representative is appointed, the name and 
business address of that representative; 
(d) alterations of the mark pursuant to Article 48 of the 
Regulation and corrections of mistakes and errors; 
(e) notice of amendments to the regulations governing 
the use of the collective mark pursuant to Article 69 
of the Regulation; 
(f) particulars of claims of seniority of an earlier 
registered trade mark as referred to in Article 34 of 
the Regulation, pursuant to Article 35 of the 
Regulation; 
(g) total or partial transfers pursuant to Article 17 of the 
Regulation; 
(h) the creation or transfer of a right in rem pursuant to 
Article 19 of the Regulation and the nature of the 
right in rem; 
(i) levy of execution pursuant to Article 20 of the 
Regulation and bankruptcy or like proceedings 
. pursuant to Article 21 of the regulation; 
(j) the grant or transfer of a licence pursuant to Article 
22 of the Regulation and, where applicable, the type 
of licence pursuant to Rule 34; 
(k) renewal of the registration pursuant to Article 47 of 
the Regulation, the date from which it takes effect 
and any restrictions pursuant to Article 47 (4) of the 
Regulation; 
(I) a record of the determination of the expiry of the 
registration pursuant to Article 47 of the Regulation; 
(m) a declaration of surrender by the proprietor of the 
mark pursuant to Article 49 of the Regulation; 
(n) the date of submission of an application pursuant to 
Article 55 of the Regulation or of the filing of a 
counterclaim pursuant to Article 96 (4) of the 
Regulation for revocation or for a declaration of 
invalidity; 
(0) the date and content of the decision on the 
application or counterclaim pursuant to Article 56 (6) 
or the third sentence of Article 96 (6) of the 
Regulation; 
(p) a record of the receipt of a request for conversion 
pursuant to Article 109 (2) of the Regulation; 
(q) the cancellation of the representative recorded 
pursuant to paragraph 2 (el; 
(r) the cancellation of the seniority of a national mark; 
(s) the modification or cancellation frQm the Register of 
the items referred to in subparagraphs (h), (i) and 
(j). IP IN 11 IEEC/T 13 
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15. 12. 95 Official Journal of the European Communities No L 303127 
(4) The President of the Office may determine that items 
other than those referred to in paragraphs 2 and 3 shall 
be entered in the Register. 
(5) The proprietor of the trade mark shall be notified of 
any change in the Register. 
(6) The Office shall provide certified or uncertified 
extracts from tbe Register on request, on payment of a 
fee. 
Part J 
Community Trade Marks Bulletin and Official jOtlmal 
of the Office 
Rule 85 
Community Trade Marks Bulletin 
(1) The Community Trade Marks Bulletin shall be 
published in periodic editions. The Office may make 
available to the public editions of the Bulletin on 
CD-ROM or in any other machine-readable form. 
(2) The Community Trade Marks Bulletin shall contain 
publications of applications and of entries made in the 
Register as \vell as other particulars relating to 
applications or registr<itions of trade marks whose 
publication is prescribed by the Regulation or by these 
Rules. 
(3) Where particulars whose publication is prescribed in 
the Regulation or in these Rules are published in the 
Community Trade AIarks Bulletin, the date of issue 
shown on the Bulletin shall be taken as the date of 
publication of the particulars. 
(4) To the extent that the entries regarding the 
registration of a trade mark contain no changes as 
compared to the publication of the application, the 
publication of such entries shall be made by way of a 
reference to the particulars contained in the publication 
of the application. 
(5) The elements of the application for a Community 
trade mark, as set out in Article 26 (1) of the Regulation 
as well as any other information the publication of which 
is prescribed in Rule 12 shall, where appropriate, be 
published in all the official languages of the 
Community. 
(6) The Office shall take into account any translation 
submitted by the applicant. If the language of the 
application is not one of the languages of the Office, the 
translation into the second language indicated by the 
applicant shall be communicated to the applicant. The 
applicant may propose changes to the translation within 
a period to be specified by the Office. If the applicant 
does not respond within this period or if the Office considers the proposed changes to be inappropriate, the 
translation proposed by the Office shall be published. 
Rule 86 
Official Journal of the Office 
(1) The Official Journal of the Office shall be published 
in periodic editions. The Office may make available to 
the public editions of the Official Journal on CD-ROM 
or in any other machine-readable form. 
(2) The Official Journal shall be published in the 
languages of the Office. The President of the Office may 
determine that certain items shall be published in all the 
official languages of the Community. 
Rule 87 
Data bank 
(1) The Office shall maintain an electronic data bank 
with the particulars of applications for registration of 
trade marks and entries in the Register. The Office may 
also make available the contents of this data bank on 
CD-ROM or in any other. machine-readable form. 
(2) The President of the Office shall determine the 
conditions of access to the data bank and the manner in 
which the contents of this data bank may be made 
available in machine-readable form, including the charges 
for these acts. 
Part K 
Inspection of files and keeping of files 
Rule 88 
Parts of the file excluded from inspection 
The parts of the file which shall be excluded from 
inspection pursuant to Article 84 (4) of the Regulation 
shall be: 
(a) documents relating to exclusion or objection pursuant 
to Article 132 of the Regulation; 
(b) draft decisions and opinions, and all other internal 
documents used for the preparation of decisions and 
opinions; 
(c) parts of the file which the party concerned showed a 
special interest in keeping confidential before the 
application for inspection of the files was made, 
unless inspection of such part of the file is justified by 
overriding legitimate interests of the party seeking 
inspection. IP IN I l/EEC/T 13 
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No L 303/28 Official Journal of the European Communities 15. 12. 95 
Rule 89 
Procedures for the inspection of files 
(1) Inspection of the files of Community trade mark 
applications and of registered Community trade marks 
shall either be of the original document, or of copies 
thereof, or of technical means of storage if the files are 
stored in this way. The means of inspection shall be 
determined by the President of the Office. The request for 
inspection of the files shall not be deemed to have been 
made until the required fee has been paid. 
(2) Where inspection of the files of a Community trade 
mark application is requested, the request shall contain 
an indication and evidence to the effect that the 
applicant 
(a) has consented to the inspection; or 
(b) has stated that after the trade mark has been 
registered he will invoke the rights under it against 
the party requesting the inspection. 
(3) Inspection of the files shall take place on the 
premises of the Office. 
(4) On request, inspection of the files shall be effected 
by means of issuing copies of file documents. Such copies 
shall incur fees. 
(5) The office shall issue on request certified or 
uncertified copies of the application for a Community 
trade mark or of those file documents of which copies 
may be issued pursuant to paragraph 4 upon payment of 
a fee. 
Rule 90 
Communication of information contained in the files 
Subject to the restrictions provided for in Article 84 of 
the Regulation and Rule 88, the Office may, upon 
request, communicate information from any file of a 
Community trade mark applied for or of a registered 
Community 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. 
Rule 91 
Keeping of files 
(1) The Office shall keep the files relating to Community 
trade mark applications and registered Community trade 
marks for at least five years from the end of the year in 
which: 
(a) the application is rejected or withdrawn or is deemed 
to be withdrawn; 
(b) the registration of the Community trade mark expires 
completely pursuant to Article 47 of the Regulation; (c) the complete surrender of the Community trade mark 
is registered pursuant to Article 49 of the 
Regulation; 
(d) the Community trade mark is completely removed 
from the Register pursuant to Article 56 (6) or Article 
96 (6) of the Regulation. 
(2) The President of the Office shall determine the form 
in which the files shall be kept. 
Part L 
Administrative cooperation 
Rule 92 
Exchange of information and communications between 
the Office and the authorities of the Member States 
(1) The Office and the central ind ustrial property offices 
of the Member States shall, upon request, communicate 
to each other relevant information about the filing of 
applications for Community trade marks or national 
marks and about proceedings relating to such 
applications and the marks registered as a result thereof. 
Such communications shall not be subject to the 
restrictions provided for in Article 84 of the Regulation. 
(2) Communications between the Office and the courts 
or authorities of the Member States which arise out of 
the application of the Regulation or these Rules shall be 
effected directly benveen these authorities. Such 
communication may also be effected through the central 
industrial property offices of the Member States. 
(3) Expenditure in respect of communications under 
paragraphs 1 and 2 shall be chargeable to the authority 
making the communications, which shall be exempt from 
fees. 
Rule 93 
Inspection of files by or via courts or authorities of the 
Member States 
(1) Inspection of files relating to Community trade 
marks applied for or registered Community trade marks 
by courts or authorities of the Member States be of the 
original documents or of copies thereof, otherwise Rule 
89 shall not apply. 
(2) Courts or Public Prosecutors' Offices of the Member 
States may, in the course of proceedings before them, 
open files or copies thereof transmitted by the Office to 
inspection by third parties. Such inspection shall be 
subject to Article 84 of the Regulation. The Office shall 
not charge any fee for such inspection. 
(3) The Office shall, at the time of transmission of the 
files or copies thereof to the courts or Public Prosecutors' IP IN 11 IEEC/T 13 
Page 30 
15. 12. 95 Official Journal of the European Communities No L 303/29 
Offices of the Member States, indicate the restrictions to 
which the inspection of files relating to Community trade 
marks applied for or registered Community trade marks 
is subject pursuant to Article 84 of the Regulation and 
Rule 88. 
Part M 
Costs 
Rule 94 
Apportionment and fixing of costs 
(1) Apportionment of costs pursuant to Article 81 (1) 
and (2) of the Regulation shall be dealt with in the 
decision on the OppOSitIOn, the decision on the 
application for revocation or for a declaration of 
invalidity of a Community trade mark, or the decision on 
the appeal. 
(2) Apportionment of costs pursuant to Article 81 (3) 
and (4) of the Regulation shall be dealt with in a decision 
on costs by the Opposition Division, the Cancellation 
Division or the Board of Appeal. 
(3) A bill of costs, with supporting evidence, shall be 
attached to the request for the fixing of costs provided 
for in the first sentence of Article 81 (6) of the 
Regulation. The request shall be admissible only if the 
decision in respect of which the fixing of costs is required 
has become final. Costs may be fixed· once their 
credibility is established. 
(4) The request provided for in the second sentence of 
Article 81 (6) of the Regulation for a review of the 
decision of the registry on the fixing of costs, stating the 
reasons on which it is based, must be filed at the Office 
within one month after the date of notification of the 
awarding of costs. It shall not be deemed to be filed until 
the fee for reviewing the amount of the costs has been 
paid. 
(5) The Opposition Division, the Cancellation Division 
or the Board of Appeal, as the case may be, shall take a 
decision on the request referred to in paragraph 4 
without oral proceedings. 
(6) The fees to be borne by the losing party pursuant to 
Article 81 (1) of the Regulation shall be limited to the 
fees incurred by the other party for opposition, for an 
application for revocation or for a declaration of 
invalidity of the Community trade mark and for appeal. 
(7) Cost essential to the proceedings and actually 
incurred by the successful party shall be borne by the 
losing parry in accordance with Article 81 (1) of the 
Regulation on the basis of the following maximum 
rates: (a) travel expenses of one party for the outward and 
return journey between the place of residence or the 
place of business and the place where oral 
proceedings are held or where evidence is taken, as 
follows: 
(i) the cost of the first-class rail-fare including usual 
transport supplements where the total distance by 
rail does not exceed 800 km; 
(ii) the cost of the tourist-class air-fare where the total 
distance by rail exceeds 800 km or the route 
includes a sea-crossing; 
(b) subsistence expenses by one party equal to the daily 
subsistence allowance for officials in grades A4 to A8 
as laid down in Article 13 of Annex VII to the Staff 
Regulations of Officials of the European 
Communities; 
(c) travel expenses of representatives within the meaning 
of Article 89 (1) of the Regulation and of witnesses 
and of experts, at the rates provided for in 
subparagraph (a); 
(d) subsistence expenses of representatives within the 
meaning of Article 89 (1) of the Regulation and of 
witnesses and experts, at the rates provided for in 
subparagraph (b); 
(e) costs entailed in the taking of evidence in the form of 
examination of witnesses, opinions by experts or 
inspection 
up to ECU 300 per proceedings; 
f) cost of representation, within the meaning of Article 
89 (1) of the Regulation, 
(i) of the opposing party 10 opposition 
proceedings: 
up to ECU 250; 
(ii) of the applicant in opposition proceedings: 
up to ECU 250; 
(iii) of the applicant in proceedings relating to 
revocation or invalidity of a Community trade 
mark: 
lip to ECU 400; 
(iv) of the proprietor of the trade mark in 
proceedings relating to revocation or invalidity of 
a Community trade mark: 
lip to ECU 400; 
(v) of the appellant in appeal proceedings: 
up to ECU 500; 
(vi) of the defendant in appeal proceedings: 
up to ECU 500; 
Where the taking of evidence in any of the 
abovementioned proceedings involves the examination 
of witnesses, opinions by experts or inspection, an 
additional amount shall be granted for representation 
costs of up to ECU 600 per proceedings; IP/N/1/EEC/T/3 
Page 31 
No L 303130 Official Journal of the European Communities 15. 12. 95 
(g) where the successful party is represented by more 
than one representative within the meaning of Article 
89 (1) of the Regulation, the losing party shall bear 
the costs referred to in subparagraphs (c), (d) and (f) 
for one such person only; 
(h) the losing party shall not be obliged to reimburse the 
successful party for any costs, expenses and fees other 
than those referred to in subparagraphs (a) to (g). 
Part N 
Languages 
Rule 95 
Applications and declarations 
Without prejudice to Article 115 (5) of the Regulation, 
(a) any application or declaration relating to a 
Community trade mark application may be filed in 
the language used for filing the application for a 
Community trade mark or in the second language 
indicated by the applicant in his application; 
(b) any application or declaration relating to a registered 
Community trade mark may be filed in one of the 
languages of the Office. Howeyer, \vhen the 
application is filed by using any of the forms provided 
by the Office pursuant to Rule 83, such forms may be 
used in any of the official languages of the 
Community, provided that the form is completed in 
one of the languages of the Office, as far as textual 
elements are concerned. 
Rule 96 
Written proceedings 
(1) Without prejudice to Article 115 (4) and (7) of the 
Regulation, -and unless otherwise provided for in these 
Rules, in written proceedings before the Office any party 
may use any language of the Office. If the language 
chosen is not the language of the proceedings, the party 
shall supply a translation into that language within one 
month from the date of the submission of the original 
document. Where the applicant for a Community trade 
mark is the sole party to proceedings before the Office 
and the language used for the filing of the application for 
the Community trade mark is not one of the languages of 
the Office, the translation may also be filed in the second 
language indicated by the applicant in his application. 
(2) Unless otherwi:>'C provided for in these Rules, 
documents to be used in proceedings before the Office 
may be filed in any official language of the Community. 
Where the language of such documents is not the 
language of the proceedings the Office may require that a 
translation be supplied, within a period specified by it, in that language or, at the choice of the party to the 
proceeding, in any language of the Office. 
Rule 97 
Oral proceedings 
(1) Any party to oral proceedings before the Office may, 
in place of the language of proceedings, use one of the 
other official languages of the Community, on condition 
that he makes provision for interpretation into the 
language of proceedings. Where the oral proceedings are 
held in a proceeding concerning the application for 
registration of a trade mark, the applicant may use either 
the language of the application or the second language 
indicated by him. 
(2) In oral proceedings concerning the application for 
registration of a trade mark, the staff of the Office may 
use either the language of the application or the second 
language indicated by the applicant. In all other oral 
proceedings, the staff of the Office may use, in place of 
the language of the proceedings, one of the other 
languages of the Office, on condition that the party' or 
parties to the proceedings agree to such use. 
(3) In the case of taking of evidence, any party to be 
heard, witness or expert who is unable to express himself 
adequately in the language of proceedings, may use any 
of the official languages of the Community. Should the 
taking of evidence be decided upon following a request 
by a party to the proceedings, parties to be heard, 
witnesses or experts who express themselves in languages 
other than the language of proceedings may be heard 
only if the party who made the request makes provision 
for interpretation into that language. In proceedings 
concerning the application for registration of a trade 
mark, in place of the language of the application, the 
second language indicated by the applicant may be used. 
In any proceedings with only one party the Office may 
on request of the party concerned permit derogations 
from the provisions in this paragraph. 
(4) If the parties and Office so agree, any official 
language of the Community may be used in oral 
proceedings. 
(5) The Office shall, if necessary, make provision at its 
own expense for interpretation into the language of 
proceedings, or, where appropriate, into its other 
languages, unless this interpretation is the responsibility 
of one of the parties to the proceedings. 
(6) Statements by staff of the Office, by parties to the 
proceedings and by \vitnesses and experts, made in one of 
the languages of the Office during oral proceedings shall 
be entered in the minutes in the language employed. 
Statements made in any other language shall be entered 
in the language of proceedings. Amendments to the text 
of the application for or the registration of a Community 
trade mark shall be entered in the minutes in the 
language of proceedings. JP 1Nl 1 IEEC/T 13 
Page 32 
15. 12. 95 Official Journal of the European Communities No L 303131 
Rule 98 
Certification of translations 
(1) When a translation of any document is to be filed, 
the Office may require the filing, within a period to be 
specified by it, of a certificate that the translation 
corresponds to the original text. Where the certificate 
relates to the translation of a previous application 
pursuant to Article 30 of the Regulation, such period 
shall not be less than three months after the date of filing 
of the application. Where the certificate is not filed 
within that period, the document shall be deemed not to 
have been received. 
(2) The President of the Office may determine the 
manner in which translations are certified. 
Rule 99 
Legal authenticity of translations 
In the absence of evidence to the contrary, the Office may 
assume that a translation corresponds to the relevant 
original text. 
Part 0 
Orgatlization of the Office 
Rule 100 
Allocation of duties 
(1) The President of the Office shall determine the 
examiners and their number, the members of the 
Opposition Divisions and Cancellation Divisions, and the 
members of the Administration of Trade Marks and 
Legal Division. He shall allocate duties to the examiners 
and the Divisions. 
(2) The President of the Office may provide that 
examiners may also be members of the Opposition 
Divisions, Cancellation Divisions, and the Administration 
of Trade Marks and Legal Division, and that members of 
these Divisions may also be examiners. 
(3) In addition to the responsibilities vested in them 
under the Regulation, the President of the Office may 
allocate further duties to the examiners and the members 
of the Opposition Divisions, Cancellation Divisions and 
the Administration of Trade Marks and Legal Division. 
(4) The President of the Office may entrust to other 
members of the staff of the Office who are not examiners 
or members of any of the Divisions mentioned in 
paragraph 1 the execution of individual duties falling to 
the examiners, Opposition Divisions, Cancellation 
Divisions or the Administration of Trade Marks and 
Legal Division and involving no special difficulties. TITLE XII 
RECIPROCITY 
Rule 101 
Publication of reciprocity 
(1) If necessary, the President of the Office shall request 
the Commission to enquire whether a State which is not 
party to the Paris Convention or to the Agreement 
establishing the World Trade Organization accords 
reciprocal treatment within the meaning of Article 5 (1) 
(d), Article 5 (3) and Article 29 (5) of the Regulation. 
(2) If the Commission determines that reciprocal 
treatment in accordance with paragraph 1 is accorded, it 
shall publish a communication to this effect in the 
Official journal of the European Communities. 
(3) Article 5 (1) (d), Article 5 (3) and Article 29 (5) of 
the Regulation shall take effect for the nationals of the 
States concerned from the date of publication in the 
Official journal of the European Communities of the 
communication referred to in paragraph 2, unless the 
communications states an earlier date from which it is 
applicable. They shall cease to be effective from the date 
of publication in the Official Journal of the European 
Communities of a communication of the Commission to 
the effect that reciprocal treatment is no longer accorded, 
unless the communication states an earlier date from 
which it is applicable. 
(4) Com~unications referred to in paragraphs 2 and 3 
shall also be published in the Official Journal of the 
Office. 
Article 2 
Transitional Provisions 
(1) Any application for registration of a Community 
trade mark filed within three months prior to the date 
determined pursuant to Article 143 (3) of the Regulation 
shall be marked by the Office with the filing date 
determined pursuant to that provision and with the 
actual date of receipt of the application. 
(2) With regard to the application, the priority period of 
six months provided for in Articles 29 and 33 of the 
Regulation shall be calculated from the date determined 
pursuant to Article 143 (3) of the Regulation. 
(3) The Office may issue a receipt to the applicant prior 
to the date determined pursuant to Article 143 (3) of the 
Regulation. 
(4) The Office may examine the applications prior to the 
date determined pursuant to Article 143 {3} of the IP IN 11 IEEC/T 13 
Page 33 
No L 303132 Official Journal of the European Communities 15. 12. 95 
Regulation and communicate with the applicant with a 
view to remedying any deficiencies prior to that date. 
Any decisions with regard to such applications may be 
taken only after that date. 
(5) With regard to the application, the Office shall not 
carry out any search pursuant to Article 39 (1) of the 
Regulation, regardless of whether or not a priority was 
claimed for such application pursuant to Articles 29 or 
33 of the Regulation. 
(6) Where the date of receipt of an application for the 
registration of a Community trade mark by the Offi~e, by the central industrial property office of a Member State 
or by the Benelux Trade Mark Office is before the 
commencement of the three months period specified in 
Article 143 (4) of the Regulation the application shall be 
deemed not to have been filed. The application shall be 
informed accordingly and the application shall be sent 
back to him. 
Article 3 
Entry into force 
This Regulation shall enter into force on the seventh day 
following that of its publication in the Official JOltrnal of 
the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all .\;lember States. 
Done at Brussels, 13 December 1995. 
For the Commission 
Mario \10~TI 
Member of the Commission IP IN I l/EEC/T 13 
Page 34 
15. 12. 95 Official Journal of the European Communities No L 303/33 
COMMISSION REGULATION (EC) No 2869/95 
of 13 December 1995 
on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and 
Designs) 
THE CO~l:\>llSSION OF THE EUROPEAN CO:\>1~UNITIES, 
Having regard to the Treaty establishing the European 
Community, 
Having regard to Council Regulation (EC) No 40/94 of 
20 December 1993 on the Community trade mark e), as 
amended by Regulation (EC) No 3288/94 ('-) and in 
particular Article 13 9 thereof, 
Having regard to Commission Regulation (EC) No 
2868/95 of 13 December 1995, implementing Council 
Regulation (EC) No 40/94 on the Community trade 
mark e), 
\"'('hereas Article 139 (3) of Regulation (EC) No 40/94 
(hereinafter 'the Regulation') provides that the fees 
regulations shall be adopted in accordance with the 
procedure laid down in Article 141 of the Regulation; 
\,\lhereas Article 139 (1) of the Regulation provides that 
the fees regulations shall determine in particular the 
amount of the fees and the ways in which they are to be 
paid; . 
\X1hereas Article 139 (2) of the Regulation provides that 
the amounts of the fees shall be fixed at such a level as to 
ensure that the revenue in respect thereof is in principle 
sufficient for the budget of the Office for Harmonization 
in the Internal Market (trade marks and designs) ('the 
Office') to be balanced; 
Whereas, however, in the Office's start-up phase, balance 
can be achieved only if there is a subsidy from the general 
budget of the European Communities, in accordance with 
Article 134 (3) of the Regulation; 
\X1hereas the basic fee for the application for a 
Community trade mark shall include the amount which 
the Office must pay to each central industrial property 
office of the Member States for each search report 
provided by such offices in accordance with Article 39 
(4) of the Regulation; 
Whereas to ensure the necessary flexibility, the President 
of the Office ('the President') should be empowered, 
(I) 01 No L 11, 14. 1. 1994, p. 1. 
e) 01 No L 349,31. 12. 1994, p. 83. 
e) See p. 1 of rhis Official Journal. subject to certain conditions, to lay down the charges 
which may be payable to the Office in respect of services 
it may render, the charges for access to the Office's data 
bank and the making available of the contents of this 
data bank in machine-readable form, and to set charges 
for th.e sale of its publications; 
Whereas, in order to facilitate the payment of fees and 
charges, the President should be empowered to authorize 
methods of payment which are additional to those 
explicitly provided for in this Regulation; 
Whereas it is appropriate that the fees and charges 
payable to the Office should be fixed in the same 
currency unit as is used for the budget of the Office; 
Whereas the budget of the Office is fixed in ecus; 
\X1hereas, moreover, the fixing of these amounts in ecus 
avoids discrepancies that may result from exchange rate 
variations; 
Whereas payments in cash should be made II1 the 
currency of the Member State where the Office has its 
seat; 
Whereas the measures envisaged in this Regulation are in 
accordance with the opll1lOn of the Committee 
established under Article 141 of the Regulation, 
HAS ADOPTED THIS REGULATIO:\,: 
Article 1 
General 
The following shall be levied 111 accordance with this 
Regulation: 
(a) fees to be paid to the Office as provided for in the 
Regulation and in Regulation (EC) Nb 2868/95; 
(b) charges laid down by the President pursuant to 
Article 3 (1) and (2) No L 303/34 Official Journal of the European Communities 
Article 2 JP IN 11 IEEC/T 13 
Page 35 
Fees provided for in the Regulation and Regulation (EC) No 2868/95 
The fees to be paid to the Office under Article 1 (a) shall be as follows: 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. Basic fee for the application for an individual mark (Article 26 (2);' 
Rule 4 (a)) 
Fee for each class of goods and services exceeding three for an 
individual mark (Article 26 (2); Rule 4 (b)) 
Basic fee for the application for a collective mark (Articles 26 (2) 
and 64 (3); Rules 4 (a) and 42) 
Fee for each class of goods and services exceeding three for a 
collective mark (Article 26 (2) and 64 (3); Rules 4 (b) and 42) 
Opposition fee (Article 42 (3); Rule 18 (1)) 
Fee for the alteration of the representation of a trade mark (point 1 
of Article 140 (2) and Article 44 (2); Rule 13 (2)) 
Ba~ic fee for the registration of an individual mark (Article 45; Rule 
23 (1) (a)) 
Fee for each class of goods and services exceeding three for an 
individual mark (Article 45; Rule 23 (1) (b)) 
Basic fee for the registration of a collective mark (Articles 45 and 64 
(3); Rules 23 (1) (a) and 42) 
Fee for each class of goods and services exceeding three for a 
collective mark (Articles 45 and 64 (3), Rules 23 (1) (b) and 42) 
Additional fee for the late payment of the registration fee (point 2 of 
Article 140 (2), Rule 23 (3)) 
Basic fee for the renewal for an individual mark (Article 47 (1), Rule 
30 (2) (a)) 
Fee for each class of goods and services exceeding three for an 
individual mark (Article 47 (1), Rule 30 (2) (b)) 
Basic fee for the renewal for a collective mark (Articles 47 (1) and 
64 (3), Rules 30 (2) (a) and 42) 
Fee for each class of goods and services exceeding three for a 
collective mark (Articles 47 (1) and 64 (3), Rules 30 (2) (b) and 
42) (in ews) 
975 
200 
1 675 
400 
350 
200 
1 100 
200 
2200 
400 
25 % 
of the belated 
registration fee, subject 
to a maximum of 750 
2500 
500 
5000 
1000 15. 12. 95 IP/N/1/EEC/T/3 
Page 36 
15. 12. 95 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. Official Journal of the European Communities 
Additional fee for the late payment of the renewal fee or the late 
submission of the request for renewal (Article 47 (3), Rule 30 
(2) (c)) 
Fee for the application for revocation or for a declaration of 
invalidity (Article 55 (2), Rule 39 (2)) 
Appeal fee (Article 59, Rule 49 (1)) 
Fee for restitutio in integrum (Article 78 (3)) 
Fee for the conversion of a mark into a national trade mark 
application (Article 109 (1), Rule 45 (2)) 
Fee for the recording of the \vhole or partial transfer of an 
application for a Community trade mark (Article 24 and point 4 of 
Article 140 (2); Rule 31 (4) and (8)) 
Fee for the registration of the whole or partial transfer of a 
registered Community trade mark (point 4 of Article 140 (2); Rule 
31 (4)) 
Fee for the registration of a licence or another right in respect of a 
registered Community trade mark (point 5 of Article 140 (2), Rule 
33 (1)) or an application for a Community trade mark (point 6 of 
Article 140 (2), Rule 33 (4): 
a) grant of a licence 
b) transfer of a licence 
c) creation of a right in rem 
d) transfer of a right in rem 
e) levy of execution 
Fee for the cancellation of the registration of a licence or other right 
(point 7 of Article 140 (2), Rule 35 (3)) No L 303/35 
(in ecus) 
25% 
of the belated renewal 
fee, subject to a 
maximum of 1 500 
700 
800 
200 
200 
200 
per entry, but, where 
multiple requests are 
submittesi in the same 
application or at the 
same time, not to 
exceed a total of 
1000 
200 
per registration, but, 
where multiple 
requests are submitted 
in the same 
application or at the 
same time, not to 
exceed a total of 
1000 
200 
per registration, but, 
where multiple 
requests are submitted 
in the same 
application or at the 
same time, not to 
exceed a total of 
1 000 
200 
per cancellation, but, 
where multiple 
requests are submitted 
in the same 
application or at the 
same time, not to 
exceed a total of 
1000 No L 303/36 
25. Official Journal of the European Communities 
Fee for the alteration of a registered Community trade mark (po.int 
8 of Article 140 (2), Rule 25 (2)) 
26. Fee for the issue of a copy of the application for a Community trade 
mark (point 12 of Article 140 (2), Rule 89 (5)), a copy of the 
certificate of registration (point 3 of Article 140 (2), Rule 24 (2), or 
an extract from the register (point 9 of Article 140 (2), Rule 84 
(6)) 
27. a) uncertified copy or extract 
b) certified copy or extract 
Fee for the inspection of the files (point 10 of Article 140 (2) No 
10, Rule 89 (1)) 
28. Fee for the issue of copies of file documents (point 11 of Article 140 
(2) nO 11, Rule 89 (5)) 
29. 
30. a) uncertified copy 
b) certified copy 
plus per page, exceeding 10 
Fee for the communication of information In a file (point 13 of 
Article 140 (2), Rule 90) 
plus per page, exceeding 10 
Fee for the review of the determination of the procedural costs to be 
refunded (point 14 of Article 140 (2), Rul!'! 94 (4)) IP IN I lIEEC/T 13 
Page 37 
(in eeus) 
200 
10 
30 
30 
10 
30 
10 
100 15. 12. 95 
Article 3 
Charges laid down by the President 2. The President may decide not to make services 
mentioned in paragraph 1 dependent upon the advance 
payment of the corresponding fees or charges. 
1. The President shall lay down the amount to be 
charged for any services rendered by the Office other 
than those specified in Article 2. 
2. The President shall lay down the amount to be 
charged for the Community Trade Marks Bulletin and 
the Official Journal of the Office as well as any other 
publications issued by the Office. 
3. The amounts of the charges shall be laid down m 
ecus. 
4. The amounts of the charges laid down by the 
President in accordance with paragraphs 1 and 2 shall be 
published in the Official Journal of the Office. 
Article 4 
Due date for fees and charges 
1. Fees and charges in respect of which the due date is 
not specified in the Regulation or in Regulation No 
2868/95 shall be due on the date of receipt of the request 
for the service for which the fee or the charge is 
incurred. Article 5 
Payment of fees and charges 
1. Fees and charges due to the Office shall be paid 
(a) by payment or transfer to a bank account held by the 
Office, 
(b) by delivery or remittance of cheques made payable to 
the Office, or 
(c) in cash. 
2. The President may allow· methods of payment other 
than those set out in paragraph 1, in particular by means 
of deposits in current accounts held with the Office. 
3. Determinations made pursuant to paragraph 2 shall 
be published in the Official Journal of the Office. IP IN 11 IEEC/T 13 
Page 38 
15. 12. 95 Official Journal of the European Communities No L 303137 
Article 6 
Currencies 
1. Payments or transfers to a bank account referred to 
in Article 5 (1) (a), by delivery or remittance of cheques 
referred to in Article 5 (1) (b) or any other method of 
payment allowed by the President pursuant to Article 5 
(2) shall be made in ecus. 
2. The payments in cash referred to in Article 5 (1) (c) 
shall be made in the currency of the Member State where 
the Office has its seat. The President shall determine the 
ecus equivalents in that currency on the basis of the 
exchange rate in force, which are fixed daily by the 
Commission and published in the Official jOltmal of the 
ElIropean Communities in accordance with Council 
Regulation (EC) No 3320194 e). 
Article 7 
Particulars concerning payment 
1. Every payment must indicate the name of the person 
making the-payment and must contain the necessary 
information to enable the Office to establish immediately 
the purpose of the payment. In particular, the following 
information shall be provided: 
(a) when the application fee is paid, the purpose of the 
payment, namely 'application fee'; 
(b) when the registration fee is paid, the file number of 
the application which is the basis for the registration 
and the purpose of the payment, namely 'registration 
fee'; 
(c) when the Opposition fee is paid, the file number of 
the application and the name of the applicant for the 
Community trade mark against which opposition is 
entered, and the purpose of the payment, namely 
'opposition fee'; 
(d) \vhen the revocation fee and the invalidity fee are 
paid, the registration number and the name of the 
proprietor of the Community trade mark against 
which the application is directed, and the purpose of 
the payment, namely 'revocation fee' or 'invalidity 
fee'. 
2. -If the purpose of the payment cannot immediately be 
established, th,e. Office shall require the person making 
the payment to notify it in writing of this purpose within 
such period as it may specify. If the person does not 
comply with this request in due time, the payment shall -
be considered not to have been made. The amount which 
has been paid shall be refunded. 
(') OJ No L 350, 31. 12. 1994, p. 27. Article 8 
Deemed date of payment 
1. The date on which any payment shall be considered 
to have been made to the Office shall be as follows: 
(a) in the cases referred to in Article 5 (1) (a), the date on 
which the amount of the payment or of the transfer is 
actually entered in a bank account held by the 
Office; 
(b) in the case referred to in Article 5 (1) (b), the date of 
the receipt of the cheque at the Office, provided that 
the cheque is met; 
(c) in the cases referred to in Article 5 (1) (c), the date of 
receipt of the amount of the cash payment. 
2. Where the President allows, in accordance with the 
provisions of Article 5 (2), other methods of paying fees 
than those set out in Article 5 (1), he shall also lay down 
the date on which such payments shall be considered to 
have been made. 
3. Where, under the provisions of paragraphs 1 and 2, 
payment of a fee is not considered to have been made 
until after the expiry of the period in which it was due, it 
shall be considered that this period has been observed if 
evidence is provided to the Office that the person who 
made the payment -
(a) in a Member State, within the period within which 
the payment should have been made: 
(i) effected the payment through a banking 
establishment; 
(ii) duly gave an order to a banking establishment to 
transfer the amount of the payment; or 
(iii) dispatched at a post office or otherwise a letter 
bearing the address of the Office and containing 
a cheque within the meaning of Article 5 (I) (b), 
provided that the cheque is met; 
and -
(b) paid a surcharge of 10% on the relevant fee or fees, 
but not exceeding ECU 200; no surcharge is payable 
if a condition according to sub-paragraph (a) has 
been fulfilled not later than 10 days before the expiry 
of the period for payment. 
4. The Office may request the person who made the 
payment to produce evidence as to the date on which a 
condition according to paragraph 3 (a) was fulfilled and, 
where required, to pay the surcharge referred to in 
paragraph 3 (b), within a p~riod to be specified by it. If 
the person fails to comply with this request o~ if the 
evidence is insufficient, or if the required surcharg is not 
paid in due time, the period for payment s all be 
considered not to have been observed. IP IN 11 IEEe/T 13 
Page 39 
No L 303/38 Official Journal of the European Communities 15. 12. 95 
Article 9 
Insufficiency of the amount paid 
1. A time limit for payment shall, in principle, be 
considered to have been observed only if the full amount 
of the fee has been paid in due time. If the fee is not paid 
in full, the amount which has been paid shall be refunded 
after the period for payment has expired. 
2. The Office may, however, in so far as this is possible 
within the time remaining before the end of the period, 
give the person making the payment the opportunity to 
pay the amount lacking or, where this is considered 
justified, overlook any small amounts lacking without 
prejudice to the rights of the person making the 
payment. Article 10 
Refund of insignificant amounts 
1. Where an excessive sum is paid to cover a fee or a 
charge, the excess shall not be refunded if the amount is 
insignificant and the party concerned has not expressly 
requested a refund. The President shall determine what 
constitutes an insignificant amount. 
2. Determinations by the President pursuant to 
paragraph 1 shall be published in the Official Journal of 
the Office. 
Article 11 
Entry into force 
This Regulation shall enter into force on the seventh day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding In is entirety and directly applicable In all Member 
States. 
Done at Brussels, 13 December 1995. 
For the Commission 
MARIO MOl\;iI 
Member of the Commission 