Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (repealed)
EU Regulation No 40/1994 · Adopted 20 December 1993 · Extends to United Kingdom
Council Regulation (EC) No 40/94
of 20 December 1993
on the Community trade mark (repealed)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations to the whole text
Textual amendments
Contents
- Title I: GENERAL PROVISIONS
- 1Community trade mark Repealed
- 2Office Repealed
- 3Capacity to act Repealed
- Title II: THE LAW RELATING TO TRADE MARKS
- DEFINITION OF A COMMUNITY TRADE MARK OBTAINING A COMMUNITY TRADE MARK Repealed
- 4Signs of which a Community trade mark may consist Repealed
- 5Persons who can be proprietors of Community trade marks Repealed
- 6Means whereby a Community trade mark is obtained Repealed
- 7Absolute grounds for refusal Repealed
- 8Relative grounds for refusal Repealed
- EFFECTS OF COMMUNITY TRADE MARKS Repealed
- 9Rights conferred by a Community trade mark Repealed
- 10Reproduction of Community trade marks in dictionaries Repealed
- 11Prohibition on the use of a Community trade mark registered in the name of an agent or representative Repealed
- 12Limitation of the effects of a Community trade mark Repealed
- 13Exhaustion of the rights conferred by a Community trade mark Repealed
- 14Complementary application of national law relating to infringement Repealed
- USE OF COMMUNITY TRADE MARKS Repealed
- 15Use of Community trade marks Repealed
- COMMUNITY TRADE MARKS AS OBJECTS OF PROPERTY Repealed
- 16Dealing with Community trade marks as national trade marks Repealed
- 17Transfer Repealed
- 18Transfer of a trade mark registered in the name of an agent Repealed
- 19Rights in rem Repealed
- 20Levy of execution Repealed
- 21Insolvency proceedings Repealed
- 22Licensing Repealed
- 23Effects vis-à-vis third parties Repealed
- 24The application for a Community trade mark as an object of property Repealed
- Title III: APPLICATION FOR COMMUNITY TRADE MARKS
- FILING OF APPLICATIONS AND THE CONDITIONS WHICH GOVERN THEM Repealed
- 25Filing of applications Repealed
- 26Conditions with which applications must comply Repealed
- 27Date of filing Repealed
- 28Classification Repealed
- PRIORITY Repealed
- 29Right of priority Repealed
- 30Claiming priority Repealed
- 31Effect of priority right Repealed
- 32Equivalence of Community filing with national filing Repealed
- EXHIBITION PRIORITY Repealed
- 33Exhibition priority Repealed
- CLAIMING THE SENIORITY OF A NATIONAL TRADE MARK Repealed
- 34Claiming the seniority of a national trade mark Repealed
- 35Claiming seniority after registration of the Community trade mark Repealed
- Title IV: REGISTRATION PROCEDURE
- EXAMINATION OF APPLICATIONS Repealed
- 36Examination of the conditions of filing Repealed
- 37Examination of the conditions relating to the entitlement of the proprietor Repealed
- 38Examination as to absolute grounds for refusal Repealed
- SEARCH Repealed
- 39Search Repealed
- PUBLICATION OF THE APPLICATION Repealed
- 40Publication of the application Repealed
- OBSERVATIONS BY THIRD PARTIES AND OPPOSITION Repealed
- 41Observations by third parties Repealed
- 42Opposition Repealed
- 43Examination of opposition Repealed
- WITHDRAWAL, RESTRICTION, AMENDMENT AND DIVISION OF THE APPLICATION Repealed
- 44Withdrawal, restriction and amendment of the application Repealed
- 44aDivision of the application Repealed
- REGISTRATION Repealed
- 45Registration Repealed
- Title V: DURATION, RENEWAL, ALTERATION AND DIVISION OF COMMUNITY TRADE MARKS
- 46Duration of registration Repealed
- 47Renewal Repealed
- 48Alteration Repealed
- 48aDivision of the registration Repealed
- Title VI: SURRENDER, REVOCATION AND INVALIDITY
- SURRENDER Repealed
- 49Surrender Repealed
- GROUNDS FOR REVOCATION Repealed
- 50Grounds for revocation Repealed
- GROUNDS FOR INVALIDITY Repealed
- 51Absolute grounds for invalidity Repealed
- 52Relative grounds for invalidity Repealed
- 53Limitation in consequence of acquiescence Repealed
- CONSEQUENCES OF REVOCATION AND INVALIDITY Repealed
- 54Consequences of revocation and invalidity Repealed
- PROCEEDINGS IN THE OFFICE IN RELATION TO REVOCATION OR INVALIDITY Repealed
- 55Application for revocation or for a declaration of invalidity Repealed
- 56Examination of the application Repealed
- Title VII: APPEALS
- 57Decisions subject to appeal Repealed
- 58Persons entitled to appeal and to be parties to appeal proceedings Repealed
- 59Time limit and form of appeal Repealed
- 60Revision of decisions in ex parte cases Repealed
- 60aRevision of decisions in inter partes cases Repealed
- 61Examination of appeals Repealed
- 62Decisions in respect of appeals Repealed
- 63Actions before the Court of Justice Repealed
- Title VIII: COMMUNITY COLLECTIVE MARKS
- 64Community collective marks Repealed
- 65Regulations governing use of the mark Repealed
- 66Refusal of the application Repealed
- 67Observations by third parties Repealed
- 68Use of marks Repealed
- 69Amendment of the regulations governing use of the mark Repealed
- 70Persons who are entitled to bring an action for infringement Repealed
- 71Grounds for revocation Repealed
- 72Grounds for invalidity Repealed
- Title IX: PROCEDURE
- GENERAL PROVISIONS Repealed
- 73Statement of reasons on which decisions are based Repealed
- 74Examination of the facts by the Office of its own motion Repealed
- 75Oral proceedings Repealed
- 76Taking of evidence Repealed
- 77Notification Repealed
- 77aRevocation of decisions Repealed
- 78Restitutio in integrum Repealed
- 78aContinuation of proceedings Repealed
- 79Reference to general principles Repealed
- 80Termination of financial obligations Repealed
- COSTS Repealed
- 81Costs Repealed
- 82Enforcement of decisions fixing the amount of costs Repealed
- INFORMATION OF THE PUBLIC AND OF THE OFFICIAL AUTHORITIES OF THE MEMBER STATES Repealed
- 83Register of Community trade marks Repealed
- 84Inspection of files Repealed
- 85Periodical publications Repealed
- 86Administrative cooperation Repealed
- 87Exchange of publications Repealed
- REPRESENTATION Repealed
- 88General principles of representation Repealed
- 89Professional representatives Repealed
- Title X: JURISDICTION AND PROCEDURE IN LEGAL ACTIONS RELATING TO COMMUNITY TRADE MARKS
- APPLICATION OF THE CONVENTION ON JURISDICTION AND ENFORCEMENT Repealed
- 90Application of the Convention on Jurisdiction and Enforcement Repealed
- DISPUTES CONCERNING THE INFRINGEMENT AND VALIDITY OF COMMUNITY TRADE MARKS Repealed
- 91Community trade mark courts Repealed
- 92Jurisdiction over infringement and validity Repealed
- 93International jurisdiction Repealed
- 94Extent of jurisdiction Repealed
- 95Presumption of validity — Defence as to the merits Repealed
- 96Counterclaims Repealed
- 97Applicable law Repealed
- 98Sanctions Repealed
- 99Provisional and protective measures Repealed
- 100Specific rules on related actions Repealed
- 101Jurisdiction of Community trade mark courts of second instance — Further appeal Repealed
- OTHER DISPUTES CONCERNING COMMUNITY TRADE MARKS Repealed
- 102Supplementary provisions on the jurisdiction of national courts other than Community trade mark courts Repealed
- 103Obligation of the national court Repealed
- TRANSITIONAL PROVISION Repealed
- 104Transitional provision relating to the application of the Convention on Jurisdiction and Enforcement Repealed
- Title XI: EFFECTS ON THE LAWS OF THE MEMBER STATES
- CIVIL ACTIONS ON THE BASIS OF MORE THAN ONE TRADE MARK Repealed
- 105Simultaneous and successive civil actions on the basis of Community trade marks and national trade marks Repealed
- APPLICATION OF NATIONAL LAWS FOR THE PURPOSE OF PROHIBITING THE USE OF COMMUNITY TRADE MARKS Repealed
- 106Prohibition of use of Community trade marks Repealed
- 107Prior rights applicable to particular localities Repealed
- CONVERSION INTO A NATIONAL TRADE MARK APPLICATION Repealed
- 108Request for the application of national procedure Repealed
- 109Submission, publication and transmission of the request for conversion Repealed
- 110Formal requirements for conversion Repealed
- Title XII: THE OFFICE
- GENERAL PROVISIONS Repealed
- 111Legal status Repealed
- 112Staff Repealed
- 113Privileges and immunities Repealed
- 114Liability Repealed
- 115Languages Repealed
- 116Publication; entries in the Register Repealed
- 117Article 117 Repealed
- 118Control of legality Repealed
- 118aAccess to documents Repealed
- MANAGEMENT OF THE OFFICE Repealed
- 119Powers of the President Repealed
- 120Appointment of senior officials Repealed
- ADMINISTRATIVE BOARD Repealed
- 121Creation and powers Repealed
- 122Composition Repealed
- 123Chairmanship Repealed
- 124Meetings Repealed
- IMPLEMENTATION OF PROCEDURES Repealed
- 125Competence Repealed
- 126Examiners Repealed
- 127Opposition Divisions Repealed
- 128Administration of Trade Marks and Legal Division Repealed
- 129Cancellation Divisions Repealed
- 130Boards of Appeal Repealed
- 131Independence of the members of the Boards of Appeal Repealed
- 132Exclusion and objection Repealed
- BUDGET AND FINANCIAL CONTROL Repealed
- 133Budget Committee Repealed
- 134Budget Repealed
- 135Preparation of the budget Repealed
- 136Audit and control Repealed
- 137Auditing of accounts Repealed
- 138Financial provisions Repealed
- 139Fees regulations Repealed
- Title XIII: INTERNATIONAL REGISTRATION OF MARKS
- GENERAL PROVISIONS Repealed
- 140Application of provisions Repealed
- INTERNATIONAL REGISTRATION ON THE BASIS OF APPLICATIONS FOR A COMMUNITY TRADE MARK AND OF COMMUNITY TRADE MARKS Repealed
- 141Filing of an international application Repealed
- 142Form and contents of the international application Repealed
- 143Recordal in the files and in the Register Repealed
- 144Request for territorial extension subsequent to the international registration Repealed
- 145International fees Repealed
- INTERNATIONAL REGISTRATIONS DESIGNATING THE EUROPEAN COMMUNITY Repealed
- 146Effects of international registrations designating the European Community Repealed
- 147Publication Repealed
- 148Seniority Repealed
- 149Examination as to absolute grounds for refusal Repealed
- 150Search Repealed
- 151Opposition Repealed
- 152Replacement of a Community trade mark by an international registration Repealed
- 153Invalidation of the effects of an international registration Repealed
- 154Conversion of a designation of the European Community through an international registration into a national trade mark application or into a designation of Member States Repealed
- 155Use of a mark subject of an international registration Repealed
- 156Transformation Repealed
- Title XIV: FINAL PROVISIONS
- 157Community implementing provisions Repealed
- 158Establishment of a committee and procedure for the adoption of implementing regulations Repealed
- 159Compatibility with other Community legal provisions Repealed
- 159aProvisions relating to the enlargement of the Community Repealed
- 160Entry into force Repealed