VADEMECUM TO THE EUROPEAN UNION TRADE MARKS BULLETIN

Transcription

1 VADEMECUM TO THE EUROPEAN UNION TRADE MARKS BULLETIN V.14 ( )

2 VADEMECUM Introduction Part A Part B Part C Part D Part E Part F Part M - EUTM applications - EUTM registrations - Entries in the EUTM Register - EUTM renewals - Requests for conversion - Restitutio in integrum - International registrations designating the Union 2

3 Introduction 3

4 Introduction 1. The EUTM Bulletin The official and legal version of the EUTM Bulletin is published on the EUIPO website. Direct access, free of charge, is granted under the following URL: 2. The Vademecum a) Structure of the EUTM Bulletin The present Vademecum contains all the information on the contents of the EUTM Bulletin. The EUTM Bulletin is subdivided into seven parts: Part A: EUTM applications Part B: EUTM registrations Part C: Entries in the EUTM Register (concerning amendments, transfers, licences, surrenders, etc.) Part D: EUTM renewals Part E: Requests for conversion Part F: Restitutio in integrum Part M: International registrations designating the Union b) INID codes Each item is preceded by a number code in accordance with WIPO standard ST.60 (Recommendation concerning Bibliographic Data relating to Marks). These number codes are called INID codes, INID being an acronym for Internationally agreed Numbers for the Identification of (bibliographic) Data. They are used to identify the bibliographical data concerning the publication of an entry. Detailed information can be found under the following URL: Attention is drawn to the point that, for technical reasons, this code may, from one heading to another, have a meaning that differs from the standard definition assigned to it by WIPO. If more than one publication date is mentioned under the same section or heading, the date concerning a previous or an erroneous publication in the EUTM Bulletin is preceded by category code 400 Date(s) of making information available to the public. Previous or erroneous publications are identified by the date(s), number(s) and part(s) of the EUTM Bulletin. c) Correction of errors Correction of mistakes and errors in publications are published in accordance with Articles 44 and 102 EUTMR. 4

5 Errors may be absolute or relative : An error is considered to be absolute when either an application, or an entry made in the EUTM Register or a particular relating to applications or registrations, has been published when it should not have been; in such cases publication must be considered null and void. An error is considered to be relative where publication is tainted by an error affecting the detail of either an application, or an entry made in the EUTM Register or a particular relating to applications or registrations. In the latter case a correction is then made to the detail, or part of such detail. d) List of abbreviations EUTM EUTMR EUTMDR EUTMIR Entry INID ST.3 ST.60 WIPO European Union trade mark Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) Commission Delegated Regulation (EU) No 2017/1430 of 18 May 2017 supplementing Council Regulation (EC) No 207/2009 on the European Union trade mark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96 Commission Implementing Regulation (EU) No 2017/1431 of 18 May 2017 laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 207/2009 on the European Union trade mark Entry in the EUTM Register Internationally agreed Numbers for the Identification of (bibliographic) Data (see item 2. b) WIPO standard - Two-Letter Codes for the Representation of States, Other Entities and Organisations WIPO standard - Bibliographic Data Relating to Marks World Intellectual Property Organization 5

6 Part A - EUTM applications 6

7 Part A - EUTM applications Presentation Part A contains two sections: A.1 EUTM applications published under Article 44 EUTMR A.2 Amendments to previously published EUTM applications A.1 EUTM applications published under Article 44 EUTMR Applications are published under Article 44 EUTMR to the extent that they have not been refused under Article 42 EUTMR. The content of the publication of applications is governed by Article 7 EUTMIR. Each item in the application is preceded by a number code (see below) in accordance with the WIPO standard ST.60. Applications are published in the languages that are official languages of the EU at the time the application was filed. Where a translation is necessary, the language order is always ruled by EU applicable regulations. Detailed information can be found under the following URL: File number of the application 220 Filing date of the application 442 Date of publication of the application in the EUTM Bulletin 541 Reproduction of the trade mark in standard script 546 Reproduction of the trade mark in non-standard script 551 Collective mark/certification mark 554 Three-dimensional shape mark 555 Hologram mark 556 Sound mark 557 Olfactory mark 558 Colour mark 559 Other mark (including position mark, pattern mark, motion mark and multimedia mark) 571 Description of the trade mark 591 Indication of colour or colours 531 Figurative elements (Vienna Classification) 526 Disclaimer 521 Acquisition of distinctive character by use 731 Name and address of the applicant 740 Name and address of the representative 270 Language in which the application is filed and second language 511 Goods and services grouped (Nice Classification) 300 Country, date and number of the application for which priority is claimed 230 Name of the exhibition and date of the first display (priority underarticle 38 EUTMR) 350 Seniority: country; (a) registration number; (b) registration date; (c) filing date; (d) date of priority 646 Transformation: number of the international registration designating the Union cancelled; (a) date of the international registration or (if applicable) of the subsequent designation; (b) date of priority of the international registration (if applicable) 7

8 Where the codes 521, 554, 555, 556, 557, 558 or 559 are applicable, the code will be followed by a number (1 = yes, 0 = no). Under code 551, two values are possible, either Collective mark or Certification mark. These will be represented by number 1 and 2, respectively. Under code 270 the language codes relate to: - the language in which the application was filed (one of the official languages of the Union), - the second language that must be indicated by the applicant (one of the languages of the Office). ISO standard is used for the two-letter coded representation of the names of the languages. Where a publication contains code 350 without additional text it means that there are one or more seniority claims, the validity of which remains to be examined. In accordance with Article 45 EUTMR, following the publication of the trade mark application, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers, may submit to the Office written observations, explaining on which grounds under Article 7 EUTMR in particular, the trade mark shall not be registered ex officio. In accordance with Article 46 EUTMR, within a period of three months following the publication of an application, notice of opposition to registration of the trade mark may be given on the grounds that it may not be registered under Article 8 EUTMR. The date of starting of the time limit for opposition is the date appearing under code 442 in the online publication of the EUTM Bulletin. Article 2 EUTMDR details the content of the notice of opposition. If the opposition fee (EUR 320) is not paid within the three-month opposition period, in accordance with Article 46(3) and (4) EUTMR, the notice of opposition will be deemed not to have been entered. A.2 Amendments to previously published EUTM applications There is a separate heading for each amendment type. Previously published applications are identified by the application number, the date(s), number(s) and section(s)/heading(s) of the previous publication(s) in the EUTM Bulletin. Unless otherwise indicated, the element having undergone a change is published in full (name and address, goods or services in a particular class, etc.) without a specific indication of the part of the element that has been changed. The elements are identified by a code number, similar to that in Section A.1. A.2.1 Correction of errors or mistakes A Absolute errors 210 File number of the application 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication 442 Date of publication of the cancellation in the EUTM Bulletin A Relative errors The publication of errors or mistakes pursuant to Article 44, Article 49(2) and Article 50 EUTMR, Article 8 EUTMIR and Article 11 EUTMDR may give rise to a further opposition period with regard 8

9 to new elements that are contained for the first time in the publication as amended. In addition to identifying the earlier publication the element as corrected is published in full. 210 File number of the application 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication... Element as corrected, preceded by the relevant code 442 Date of publication of the correction in the EUTM Bulletin A.2.2 Withdrawals This heading identifies previously published applications that have been withdrawn in accordance with Article 49(1) EUTMR. 210 File number of the application 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin 442 Date of publication of the withdrawal in the EUTM Bulletin A.2.3 Restrictions This heading identifies previously published applications where the list of goods and services has been restricted in accordance with Article 49(1) EUTMR. With regard to each class, the goods or services remaining after restriction is published in full. Where a class has been deleted entirely, this is indicated by the sign - after the respective class number. 210 File number of the application 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin 511 Indication of remaining goods/services 442 Date of publication of the restriction in the EUTM Bulletin A.2.4 Refusals A Total Refusals This heading identifies, in accordance with Articles 44(2) and 47(6) EUTMR, those previously published applications where the decision to refuse the whole application has become final. 210 File number of the application 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin 442 Date of publication of the total refusal in the EUTM Bulletin 9

10 A Partial Refusals This heading identifies, in accordance with Articles 44(2) and 47(6) EUTMR, those previously published applications where the decision to refuse in part has become final. The remaining list of goods and services is published. 210 File number of the application 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin 511 Indication of remaining goods/services 442 Date of publication of the partial refusal in the EUTM Bulletin A.2.5 Divisions This heading identifies, in accordance with Article 50 EUTMR, previously published applications where the applicant has divided the application by declaring that some of the goods or services included in the original application will be the subject of one or more divisional applications. The division involves a split: certain goods and services are no longer included in the original application, and they give birth to one or several new application(s), called divisional applications. A Divisions of EUTM applications Pursuant to Article 50(8) EUTMR, the division of an application that has already been published will be published in the EUTM Bulletin. 210 File number of the application 400 Date(s), number(s) and sections(s) of previous publication(s) in the EUTM Bulletin 511 Indication of remaining goods/services 442 Date of publication of the division in the EUTM Bulletin 641 Number(s) and date(s) of the divisional application(s) resulting from the division A Resulting divisional applications Pursuant to Article 50(8) EUTMR the divisional application will be published; the publication shall contain the indications and elements referred to in Article 7 EUTMIR. The publication does not open a new period for the filing of oppositions. 210 File number of the application 220 Filing date of the application 442 Date of publication of the application in the EUTM Bulletin 541 Reproduction of the trade mark in standard script 546 Reproduction of the trade mark in non-standard script 551 Collective mark/certification mark 554 Three-dimensional shape mark 555 Hologram mark 556 Sound mark 557 Olfactory mark 558 Colour mark 559 Other mark (including position mark, pattern mark, motion mark and multimedia mark) 10

11 571 Description of the trade mark 591 Indication of colour or colours 531 Figurative elements (Vienna Classification) 526 Disclaimer 521 Acquisition of distinctive character by use 731 Name and address of the applicant 740 Name and address of the representative 270 Language in which the application is filed and second language 511 Goods and services grouped (Nice Classification) 300 Country, date and number of the application for which priority is claimed 230 Name of the exhibition and date of the first display (priority under Article 38 EUTMR) 350 Seniority: country; (a) registration number; (b) registration date; (c) filing date; (d) date of priority 641 Number(s) and date(s) of the original application subject to division 646 Transformation: number of the international registration designating the Union cancelled; (a) date of the international registration or (if applicable) of the subsequent designation; (b) date of priority of the international registration (if applicable) 11

12 Part B - EUTM registrations 12

13 Part B - EUTM registrations Contents Part B of the EUTM Bulletin contains information on EUTM registrations. Publication of all registrations is required by Article 51(1) EUTMR. Effects These are described in Article 11 EUTMR and essentially involve the enforceability against third parties of rights conferred by an EUTM. In addition, where an action involving an EUTM is brought before a court, the court may not decide upon the merits of the case until the registration has been published. Publication by way of reference: the concept of amendment Registrations are published in a shorter form pursuant to Article 19(2) EUTMIR. The republication of details that have already been published, for example where the application for registration is published in accordance with Article 7 EUTMIR, is thereby avoided. Accordingly, where the entries regarding the registration of a trade mark do not differ from the publication of the application, the publication of that registration is made by way of a reference to the particulars in the published application. The reference takes into account whether the application has been republished (for example, pursuant to Article 49(2) EUTMR). If details have been amended, the latest version is published. The concept of amendment covers not only corrections under Article 11 EUTMDR, but all other changes, for whatever reason (name of the owner, transfer, partial surrender etc.), affecting details previously published according to Article 7 EUTMIR. Amendments affecting the way in which the goods and services are worded For republication purposes, the text is divided into segments, a segment being the language-class group, that is to say the text that follows the language code and the class number (e.g. EN-34). In the event of an amendment, the full text of a trade mark is not republished unless the amendment affects all segments. Accordingly, only the segment that has been amended is republished. The same rule applies where the amendment concerns a correction to the translation. If the amendment merely involves the deletion of a class, the number of the class concerned - less the language code - is published, followed by a dash - (e.g. 34 -). When the wording is amended in a number of ways (e.g. a class is deleted and another segment is amended), the classes deleted are published first, followed by the segments of the wording that have been amended. Partial transfers of goods and services between publication of the application and registration In accordance with Article 14(2) EUTMIR, this type of transfer involves a split of the trade mark application in question. On the one hand, as regards the original application, a partial transfer has the same effect as on partial surrender: certain goods and services (those transferred) are no longer included in the wording of that original application. On the other hand, as regards the derived application, a new registration arises. Where partial transfers occur after publication of the 13

14 application but before registration, the following entries are published in Part B of the EUTM Bulletin: - the original trade mark appears in Section B.2. Registrations containing amendments made since the application was published ; - the derived trade mark is published in Section B.3. Registrations resulting from a partial transfer of goods and services. Other amendments between publication of the application and registration Amendments to details, the publication of which is not required under Article 7 EUTMIR (e.g. licences, securities, insolvency, etc.), made between the date of publication of the application and the date of registration of the trade mark, are published separately in Part C of the EUTM Bulletin. Part C covers entries made on the EUTM Register after registration. In all cases, it is therefore advisable to consult Part C, since it provides up-to-date information on the rights pertaining to registration. Correction of errors This concerns the corrections of errors that occurred upon publication of the registration. These corrections are published in accordance with Article 102(3) EUTMR. Presentation Part B contains four sections: B.1 Registrations with no amendments since the application was published B.2 Registrations with amendments since the application was published B.3 Registrations resulting from a partial transfer of goods and services B.4 Correction of errors Details of how each section is published are given below. B.1 Registrations with no amendments since the application was published Publication is limited to particulars identifying the trade mark, and the reference to previous publication(s). 111 Registration number 151 Date of the registration 450 Date of publication of the registration in the EUTM Bulletin 210 File number of the application 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin 646 Transformation: number of the international registration designating the Union cancelled; (a) date of the international registration or (if applicable) of the subsequent designation; (b) date of priority of the international registration (if applicable) N.B.: Code 731 becomes 732 as a result of registration. This change is not published, however, since it merely concerns the description of the reference and not its contents. If code 646 is available, code 400 may not appear or may be empty. 14

15 B.2 Registrations with amendments since the application was published In addition to the information in section B.1 above, publication must also cover other particulars listed in Article 7 EUTMIR that have also been amended. 111 Registration number 151 Date of the registration 450 Date of publication of the registration in the EUTM Bulletin 210 File number of the application 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin...* Particular(s)* that have been changed 646 Transformation: number of the international registration designating the Union cancelled; (a) date of the international registration or (if applicable) of the subsequent designation; (b) date of priority of the international registration (if applicable) * The codes (with the exception of code 731, which becomes 732) and references that appear in the introduction to Part A of the EUTM Bulletin remain unchanged. B.3 Registrations resulting from a partial transfer of goods and services In addition to the information listed in the previous section, and the reference to the original trade mark, all other entries requested by Article 111(2) EUTMR are also published. 111 Number of the new registration 151 Date of the new registration 450 Date of publication of the new registration in the EUTM Bulletin 641 Number and date of the original application 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin...* Other entries* required pursuant to Article 111(2) EUTMR * The codes (with the exception of code 731, which becomes 732) and references that appear in the introduction to Part A of the EUTM Bulletin remain unchanged. B.4 Correction of errors B.4.1 Absolute errors This section concerns trade marks the publication and registration of which is null and void. 111 Registration number 450 Date of publication of the cancellation in the EUTM Bulletin 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication 580 Date and number of the entry of the cancellation 15

16 B.4.2 Relative errors The number of the registration concerned, the details corrected and the reference to the publication of the registration containing the error are published. 111 Registration number... Element as corrected, preceded by the relevant code 450 Date of publication of the correction in the EUTM Bulletin 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication 580 Date and number of the entry of the correction Where the codes 521, 554, 555, 556, 557, 558 or 559 are applicable, the code will be followed by a number (1 = yes, 0 = no). Under code 551, two values are possible, either Collective mark or Certification mark. These will be represented by numbers 1 and 2, respectively. 16

17 Part C Entries in the EUTM Register 17

18 Part C Entries in the EUTM Register Contents Part C of the EUTM Bulletin is devoted to entries affecting EUTM applications and registrations. These entries must be published pursuant to Article 116(1)(a) EUTMR and each of the relevant Articles of the EUTMR dealing with the types of entry to be made (e.g. on transfers see Article 20(4) EUTMR). Effects Generally, it is the entry in the EUTM Register and not the act of publication that has effects vis-àvis third parties. See in this respect Article 27(1) EUTMR. The publication of entries is therefore, in principle, for information only. An important exception to this is where there is an alteration to the registration of the trade mark under Article 54 EUTMR. In this case, the entry may be the subject of an opposition after publication (Article 54(5) EUTMR). Entries made prior to registration of the trade mark Registration of the trade mark is not a prerequisite to the entry of a transfer, licence, security, change of name, etc. An entry of this kind may be requested by interested parties and effected by the Office against a simple trade mark application even though it may yet have to be published. The date the entry is recorded in the file of the EUTM application has been retained as the date to be assigned to the entry (Article 20(9) EUTMR). Entries reducing the list of goods and services Some entries result in the amendment of certain goods and services from the original list of the trade mark. These comprise entries of partial surrender, partial transfer by the exclusion of certain goods and services, and decisions declaring partial revocation/invalidity. In order to ensure a proper reading, the removal of a given product or service may be such that it is necessary for the remaining list of the goods or services covered by the trade mark to be reformulated. As regards publication in the EUTM Bulletin the rule is as follows: the goods and services affected by the entry (that is, those that are the subject of the surrender, exclusion or declaration of revocation or invalidity) are always published. On the other hand, the remaining list is published only where it has been reformulated. In this case, the rule as to publication is as follows: only the class that is reformulated is published in full. For other classes unaffected, the reference number alone is indicated. Partial transfers of goods and services Under Article 111(3)(g) EUTMR, partial transfers are mentioned as a single entry in the EUTM Register. In consequence, heading C.1.2 shows the data relating to the new application/registration (amongst others the goods and services transferred), as well as the data relating to the original application/registration (amongst others the remaining goods and services). 18

19 Amendments and cancellations of entries and corrections of errors and mistakes An entry may be amended or cancelled and an error or mistake corrected. This means that an entry can itself be the subject of an entry. Since it is important to assign the amendment, removal or correction to the previous entry, a problem of identifying those entries arises. It is precisely for this reason that a serial number has been accorded to the INID code 580 definition. The serial number thus assigned to each entry has been selected as the point of identification and reference in those cases where an amendment, cancellation or correction needs to be made. Furthermore, a provisional code (581), created with the definition Date and number of the entry cancelled or modified (as appropriate), has made it possible to identify an entry that, in turn, is itself the subject of an entry. Presentation The entries have been classed according to subject matter and are divided into ten headings as follows: C.1 Proprietor C.1.1 Total transfers C.1.2 Partial transfers C.1.3 Change of name and address C.1.4 Other entries C.2 Representative C.2.1 Change of name and professional address C.2.2 Appointment/Replacement of the representative C.2.3 Appointment of a new representative C.2.4 Deletion of the representative C.3 Trade mark C.3.1 Total surrender C.3.2 Partial surrender/ Article 33(8) declaration C.3.4 Alterations to the representation of trade marks C.3.5 Amendments to regulations governing the use of collective/certification trade marks C.3.6 International trade mark C.3.7 Replacements of EUTM registrations C.3.8 Divisions of EUTM registrations C.4 Licences C.4.1 Licences granted C.4.2 Sub-licences granted C.4.3 Transfers of licences or sub-licences C.4.4 Modifications to entries C.4.5 Cancellations of entries C.5 Rights in rem (charges) C.5.1 Creation of rights in rem C.5.2 Transfers of rights in rem C.5.3 Modifications to entries C.5.4 Cancellations of entries C.6 Insolvency or like proceedings C.6.1 Entry of insolvency or like proceedings C.6.2 Modifications to entries C.6.3 Cancellations of entries C.7 Levy of execution and others 19

20 C.7.1 Entry of levy of execution or others C.7.2 Modifications to entries C.7.3 Cancellations of entries C.8 Seniority C.8.1 Claims of seniority C.8.2 Cancellations of seniority C.9 Revocation and declaration of invalidity C.9.1 Applications for revocation or for a declaration of invalidity C.9.2 Decisions on applications for revocation or for a declaration of invalidity C.9.3 Counterclaims for revocation or for a declaration of invalidity C.9.4 Decisions on counterclaims for revocation or for a declaration of invalidity C.10 Correction of errors and mistakes C.10.1 Absolute errors C.10.2 Relative errors The content of each section/heading is as follows: C.1 Proprietor This section contains entries concerning the proprietor of an EUTM application or registration, namely, transfers, change of name and address, and other alterations. C.1.1 Total transfers The transfers published here affect the entire range of goods and services covered by the EUTM application or registration. The change in ownership may be total or partial (as in the case where a proprietor is added to an already existing entry of a proprietor). The new combination of proprietors resulting from the transfer is indicated. 732 Name(s) and address(es) of the new proprietor(s) 740 Name and address of the new proprietor s representative (if applicable) 580 Date and number of the entry of the transfer C.1.2 Partial transfers This heading shows the new EUTM application or registration that results from the partial transfer, indicating the goods and services transferred and covered by the new EUTM application or registration (code 851) and the goods and services remaining in the original registration (code 511). If an entire class is transferred, the number of the class (and not its content) is noted with this code. The date of entry of the partial transfer (code 580) is also the date of registration assigned to the transferred portion of the trade mark. 111 Number of the new registration 646 Number and date of the original registration 400 Date of publication of the original registration in the EUTM Bulletin 732 Name and address of the proprietor of the new registration 740 Name and address of the representative of the proprietor of the new registration 20

21 851 Goods and services transferred (i.e. covered by the new registration) 511 Goods and services remaining in the original registration 580 Date and number of the entry of the partial transfer C.1.3 Change of name and address The changes published here relate to the proprietor s name or address, or to both (under Article 55 and Article 111(3)(a) EUTMR). Since the INID code used (732) covers both items, the name/address combination is published in full, even if the change relates to one item alone. 732 New name and address of the proprietor 580 Date and number of the entry of the change C.1.4 Other entries Changes affecting the proprietor under Article 111(3)(a) EUTMR, namely nationality or the State in which he/she is domiciled or has his/her seat or establishment are published here. 841 New nationality 842 New State in which the proprietor is domiciled 580 Date and number of the entry of the change C.2 Representative This section contains the entries concerning the representative of the proprietor (professional representative under Article 120 EUTMR or employee of a legal person under the second sentence of Article 119(3) EUTMR), namely change of name and address, or the replacement, appointment or removal of representatives. C.2.1 Change of name and professional address The changes published here concern the representative s name or address or both under Article 111(3)(b) EUTMR. Since the INID code used (740) covers both items, the name/address combination is published in full, even if the change relates to one item only. 740 New name and professional address of the representative 580 Date and number of the entry of the change 21

22 C.2.2 Appointment/Replacement of representative Changes affecting the representatives under Article 111(3)(c) and (q) EUTMR, namely appointments and replacements of representatives are published here. 740 Name and address of the new representative 580 Date and number of the entry of the change C.2.3 Appointment of a new representative Appointments of representatives are published here in those cases where the proprietor of the trade mark has not previously been represented. This section is not in use as of 26/09/2016. Appointments of representatives are now published under section C Name and address of the new representative 580 Date and number of the entry of the change C.2.4 Deletion of the representative Where a representative is deleted and a replacement representative is not appointed, the deletions are published under this heading. In the context of the registration concerned there is, therefore, no longer a named representative. 580 Date and number of the entry of the deletion C.3 Trade mark This section groups together the entries that concern the registration of an EUTM. C.3.1 Total surrender Surrender of a registration for all the goods or services is published here. 580 Date and number of the entry of the surrender 22

23 C.3.2 Partial surrender/article 33(8) declaration Surrenders limited to some of the goods or services and declarations made pursuant to Article 33(8) EUTMR are published here. In the specific case of declarations the mention Art. 33(8) will be added under code 580 (date on which the Register is amended). 851 List of goods and services after surrender 580 Date and number of the entry of the surrender C.3.4 Alterations to the representation of trade marks The entries published here consist of an alteration to the representation of the registered trade mark. In accordance with Article 54 EUTMR, the period within which the registration of the alteration may be challenged starts from the date of publication of the entry. 111 Registration number 540 Representation of the trade mark as altered 400 Date, number and section/heading of the EUTM Bulletin containing publication of the old representation of the trade mark 580 Date and number of the entry of the alteration C.3.5 Amendments to regulations governing the use of collective/certification trade marks Amendments to the regulations governing the use of the collective trade marks under Article 111(3)(e) EUTMR and of certification trade marks under Article 111(3)(y) EUTMR are published here. The description of the amendment is not published. 111 Registration number 580 Date and number of the entry C.3.6 International trade mark Pursuant to Article 186 EUTMR, the date and number of an international registration based on an EUTM must be entered in the EUTM Register. Pursuant to Article 116(1)(a) EUTMR, the EUTM Bulletin will contain publications of applications and of entries made in the EUTM Register as well as other particulars relating to applications or registrations of trade marks whose publication is prescribed by the Regulations. 111 Registration number of the basic EUTM 646 Date and number of the international registration based on an EUTM 580 Date and number of the entry 23

24 C.3.7 Replacements of EUTM registrations Pursuant to Article 197 EUTMR, the Office will, upon request, enter a notice in the Register that an EUTM is deemed to have been replaced by an international registration in accordance with Article 4 bis of the Madrid Protocol. Entries made in the Register are published pursuant to Article 116(1)(a) EUTMR. 881 Date and number of the EUTM registration replaced by an international registration 646 Date and number of the international registration replacing on an EUTM 580 Date and number of the entry C.3.8 Divisions of EUTM registrations In accordance with Article 56 EUTMR, the proprietor of the EUTM may divide the registration by declaring that some of the goods or services included in the original registration will be the subject of one or more divisional registrations. Pursuant to Article 111(3)(w) EUTMR, the division of a registration must be entered into the Register. Entries made in the Register are published pursuant to Article 116(1)(a) EUTMR. C Divisions of EUTM registrations 111 Number of the original registration 400 Date of publication of the original registration in the EUTM Bulletin 511 Goods and services remaining in the original registration 580 Date and number of the entry of the division 646 Number and date of the resulting divisional registration(s) C Resulting divisional registration 111 Number of the divisional registration 400 Date of publication of the original registration in the EUTM Bulletin 851 Goods and services covered by the divisional registration 580 Date and number of the entry of the division 646 Number and date of the original registration subject to division C.4 Licences This section groups together entries relating to licences: It includes the grant of and transfers of licences (Article 111(3)(j) EUTMR), as well as cancellations and modifications of entries (Article 111(3)(s) EUTMR). 24

25 C.4.1 Licences granted Licences granted on EUTMs are published here. The number adjacent to code 793 shows the type of licence: (1) = non-exclusive, (2) = not limited as to goods and services, (3) = not limited as to territory, (4) = not limited as to period, (5) = exclusive, (6) = limited as to goods and services, (7) = limited as to territory, (8) = limited as to period. Under Article 26(3) EUTMR, the licence type has to be shown for cases (5) to (8) above. A licence type may also be subject to modification (e.g. a nonexclusive licence becomes exclusive). Where this arises, the modification must be entered and published. For the new licence type to be shown in the EUTM Bulletin, it is also necessary for the old type to be shown. This is the reason all possible types of licences are shown in this heading. 791 Name and address of the licensee 792 Name and address of the licensee s representative 793 Licence type 580 Date and number of the entry of the licence granted C.4.2 Sub-licences granted Under this heading are published sub-licences granted of earlier licence entries. 581 Date and number of the entry of the licence that is the subject of a sub-licence 791 Name and address of the sub-licensee 792 Name and address of the sub-licensee s representative 580 Date and number of the entry of the sub-licence granted C.4.3 Transfers of licences or sub-licences Under this heading are published transfers of licences or sub-licences. 581 Date and number of the entry of the licence or the sub-licence that is the subject of a transfer 791 Name and address of new licensee or sub-licensee 792 Name and address of the representative of the new licensee or sub-licensee 580 Date and number of the entry of the transfer of the licence or sub-licence C.4.4 Modifications to entries Under this heading are published modifications relating to an earlier licence or sub-licence entry. 581 Date and number of the entry modified 25

26 ... Element as modified, preceded by the relevant code 580 Date and number of the entry of the modification C.4.5 Cancellations of entries Under this heading are published cancellations of entries of earlier licences or sub-licences. 581 Date and number of the entry cancelled 580 Date and number of the entry of the cancellation C.5 Rights in rem (charges) This section groups together entries relating to security and other rights in rem against the trade mark, namely the creation and transfer (Article 111(3)(h) EUTMR), and cancellations and modifications of, entries (Article 111(3)(s) EUTMR). C.5.1 Creation of rights in rem 794 Name and address of the holder of the right in rem 792 Name and address of the representative of the holder of the right in rem 793 Type of right in rem (either 1 or 2, where 1 means that the EUTM is given as security and 2 means others such as usufructs) 580 Date and number of the entry creating the right in rem C.5.2 Transfers of rights in rem 581 Date and number of the entry of the grant of the right in rem transferred 794 Name and address of the new holder of the right in rem 792 Name and address of the representative of the new holder of the right in rem 580 Date and number of the entry of the transfer C.5.3 Modifications to entries 581 Date and number of the entry modified... Element as modified, preceded by the relevant code 580 Date and number of the entry of the modification 26

27 C.5.4 Cancellations of entries 581 Date and number of the entry cancelled 580 Date and number of the entry of the cancellation C.6 Insolvency or like proceedings This section groups together entries concerning insolvency or like proceedings involving the trade mark (Article 111(3)(i) EUTMR), and cancellations and modifications of entries (Article 111(3)(s) EUTMR). C.6.1 Entry of insolvency or like proceedings 795 Name and address of the liquidator 580 Date and number of the entry of the mention C.6.2 Modifications to entries 581 Date and number of the entry modified... Element as modified, preceded by the relevant code 580 Date and number of the entry of the modification C.6.3 Cancellations of entries 581 Date and number of the entry cancelled 580 Date and number of the entry of the cancellation C.7 Levy of execution and others This section covers seizures and provisional and protective measures. 27

28 C.7.1 Entry of levy of execution or others 795 Date of levy of execution and name of Court/Authority 580 Date and number of the entry of commencement of proceedings C.7.2 Modifications to entries 581 Date and number of the entry modified... Element as modified, preceded by the relevant code 580 Date and number of the entry of the modification C.7.3 Cancellations of entries 581 Date and number of the entry cancelled 580 Date and number of the entry of the cancellation C.8 Seniority This section groups together entries concerning claims of seniority accepted by the Office under Article 40 EUTMR, and cancellations of seniority. C.8.1 Claims of seniority 111 Registration number 350 Seniority: country, followed by (a) registration number, (b) registration date, (c) filing date, (d) date of priority 580 Date and number of the entry of the seniority claim C.8.2 Cancellations of seniority Partial cancellations are not published. 350 Seniority subject to cancellation: country, followed by (a) registration number, (b) registration date, (c) filing date, (d) date of priority 580 Date and number of the entry of the cancellation 28

29 C.9 Revocation and declaration of invalidity C.9.1 Applications for revocation or for a declaration of invalidity A number adjacent to code 582 shows the type of application concerned: (1) revocation and (2) declaration of invalidity. 111 Registration number 582 Date of filing and type of application (1 or/and 2) 580 Date and number of the entry of the application for revocation or declaration of invalidity C.9.2 Decisions on applications for revocation or for a declaration of invalidity The outcome of the decision given in respect of an application for revocation or for a declaration of invalidity is represented by a number: (0) Cancellation request rejected, (1) EUTM partially cancelled, (2) EUTM totally cancelled, (4) EUTM surrendered, (5) EUTM partially surrendered, (6) Cancellation request withdrawn, (7) EUTM assigned, (8) EUTM partially assigned and cancelled for the remainder, (9) EUTM partially assigned and maintained for the remainder, (10) EUTM partially assigned, partially cancelled and maintained for the remainder. The number is indicated with the date of the decision (code 583). If the decision shows (0), (2), (4) or (6) the list of goods or services is not of relevance. 111 Registration number 583 Date and outcome of the decision (0, 1, 2, 4, 5 or 6) 646 Number of the new registration (resulting from the partial assignment) (outcome 9 or 10 only) 732 Name(s) and address(es) of the new proprietor(s) (of the new registration) (outcome 9 or 10 only) 740 Name and address of the representative (of the proprietor of the new registration) (outcome 9 or 10 only) 851 Goods and services assigned (i.e. covered by the new registration) (outcome 9 or 10 only) 852 Goods and services cancelled 511 List of goods and services remaining after the decision 580 Date and number of the entry of the decision C.9.3 Counterclaims for revocation or for a declaration of invalidity A number adjacent to code 582 shows the type of counterclaim concerned: (1) revocation and (2) declaration of invalidity. 111 Registration number 582 Date of filing and type of counterclaim (1 or/and 2) 580 Date and number of the entry of the counterclaim for revocation or declaration of invalidity 29

30 C.9.4 Decisions on counterclaims for revocation or for a declaration of invalidity The outcome of the decision given in a counterclaim for revocation or for a declaration of invalidity is represented by a number: (0) counterclaim rejected, (1) counterclaim partially accepted or (2) counterclaim accepted in its entirety, (6) counterclaim request withdrawn, (7) EUTM partially cancelled or (8) EUTM totally cancelled The number is indicated with the date of the decision (code 583). If the decision shows (0), (2), (6) or (8), a list of goods or services is not given. Decisions (1) and (2) are not in use as of 01/10/ Registration number 583 Date and outcome of the decision (0,1, 2, 6, 7 or 8) 851 Goods and services affected by the decision 511 List of goods and services remaining after the decision (if applicable) 580 Date and number of the entry of the decision C.10 Correction of errors and mistakes C.10.1 Absolute errors An earlier entry on the EUTM Register should not have been published and has now to be considered null and void. 111 Registration number 581 Date and number of the erroneous entry 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication 580 Date and number of the entry of the cancellation 450 Date of publication of the cancellation in the EUTM Bulletin C.10.2 Relative errors The entry on the EUTM Register published under this heading is a rectification of the publication of an earlier entry tainted by a material error. 111 Registration number 581 Date and number of the entry corrected 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication... Element as corrected, preceded by the relevant code 580 Date and number of the entry of the item in the EUTM Register 30

31 Part D - EUTM renewals 31

32 Part D - EUTM renewals Part D contains information on the renewal of EUTM registrations. Pursuant to Article 53(5) EUTMR, where the request is submitted or the fees paid in respect of only some of the goods or services for which the EUTM is registered, registration shall be renewed for those goods or services only. Pursuant to Article 53(6) EUTMR, the renewal must be registered. Registrations are published pursuant to Article 51(1) EUTMR. Part D is subdivided into two sections: D.1 Renewals D.2 Correction of errors or mistakes in renewals. Details of how each section is published are given below. D.1 Renewals 111 Registration number 156 Date from which the renewal takes effect 186 Expected expiration date of the renewal 511 List of goods and services remaining after the partial renewal (if applicable) 580 Date and number of the entry of the renewal 450 Date of publication of the renewal in the EUTM Bulletin D.2 Correction of errors or mistakes in renewals D.2.1 Absolute errors 111 Registration number 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication 581 Date and number of the erroneous entry 580 Date and number of the entry of the cancellation 450 Date of publication of the cancellation in the EUTM Bulletin D.2.2 Relative errors 111 Registration number 400 Date, number and section/heading of the EUTM Bulletin containing the erroneous publication 581 Date and number of the erroneous entry 580 Date and number of the entry of the cancellation... Element as corrected, preceded by the relevant code 450 Date of publication of the correction in the EUTM Bulletin 32

33 Part E - Requests for conversion into a national trade mark application 33

34 Part E - Requests for conversion Part E concerns requests for conversion. Pursuant to Article 139 EUTMR the applicant for or proprietor of an EUTM may request the conversion of its EUTM application or EUTM into a national trade mark application to the extent that the EUTM application is refused, withdrawn, or deemed to be withdrawn or to the extent that the EUTM has ceased to have effect. Pursuant to Article 140(2) EUTMR, applications for conversion into a national trade mark of EUTMs and of EUTM applications that have already been published in the EUTM Bulletin are to be published in the EUTM Bulletin. Pursuant to Article 202 EUTMR, where a designation of the Union through an international registration has been refused or ceases to have effect, the holder of the international registration may request the conversion of the designation of the Union: (a) (b) into a national trade mark application pursuant to Articles 139 to 141 EUTMR or into a designation of a Member State party to the Madrid Protocol or the Madrid Agreement concerning the international registration of marks. Article 140(2) EUTMR will apply mutatis mutandis. Where the request does not relate to all of the goods and services for which the EUTM application has been filed or for which the EUTM has been registered, the goods and services for which conversion is requested are indicated. 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, the respective goods and services for each Member State are indicated. Code 511 is preceded in brackets by the two-letter code (WIPO Standard ST.3) identifying the Member State(s). Part E is subdivided into four sections: E.1 Requests for conversion of an EUTM application or a registered EUTM into a national trade mark application. E.2 Correction of errors or mistakes of requests published in Section E.1. E.3 Request for conversion of an international registration designating the Union. E.4 Correction of errors or mistakes of requests published in Section E.3. E.1 Requests for conversion of an EUTM application into a national trade mark application The presentation is as follows: 210 File number of the application or registration 400 Date(s), number(s) and section(s)/heading(s) of previous publication(s) in the EUTM Bulletin 580 Date and number of the entry for conversion, followed by the Member State(s) in respect of which conversion has been requested 511 List of goods and services for which conversion is requested (if applicable), preceded by the Member State(s) concerned (if applicable) 442 Date of publication of the request for conversion in the EUTM Bulletin 34