Rule 45

(1) Where the application for conversion does not comply with the requirements of Article 108(1) or (2) [deleted, editor IP-PorTal] of the Regulation or has not been filed within the relevant period of three months or does not comply with Rule 44 or other Rules, the Office shall notify the applicant accordingly and specify a period within which he may amend the application or furnish any missing information or indications.

(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 is deemed not to have been filed.

(3) Where the missing indications have not been furnished within the period specified by the Office, the Office shall reject the application for conversion.
Where Article 108(2) [deleted, editor IP-PorTal] of the Regulation applies, the Office shall reject the application for conversion as inadmissible only with respect to those Member States for which conversion is excluded under that provision.

(4) If the Office or a Community trade mark court has refused the Community trade mark application or has declared the Community trade mark invalid on absolute grounds by reference to the language of a Member State, conversion shall be excluded under Article 108(2) [deleted, editor IP-PorTal] of the Regulation for all the Member States in which that language is one of the official languages. If the Office or a Community trade mark court has refused the Community trade mark application or has declared the Community trade mark invalid on absolute grounds which are found to apply in the whole Community or on account of an earlier Community trade mark or other Community industrial property right, conversion is excluded under Article 108(2) [deleted, editor IP-PorTal] of the Regulation for all Member States.