Article 28

1. An application to the Office for a declaration of invalidity pursuant to Article 52 of Regulation (EC) No 6/2002 shall contain:

(a) as concerns the registered Community design for which the declaration of invalidity is sought:

(i) its registration number;

(ii) the name and address of its holder;

(b) as regards the grounds on which the application is based:

(i) a statement of the grounds on which the application for a declaration of invalidity is based;

(ii) additionally, in the case of an application pursuant to Article 25(1)(d) of Regulation (EC) No 6/2002, the representation and particulars identifying the prior design on which the application for a declaration of invalidity is based and showing that the applicant is entitled to invoke the earlier design as a ground for invalidity pursuant to Article 25(3) of that Regulation;

(iii) additionally, in the case of an application pursuant to Article 25(1)(e) or (f) of Regulation (EC) No 6/2002, the representation and particulars identifying the distinctive sign or the work protected by copyright on which the application for a declaration of invalidity is based and particulars showing that the applicant is the holder of the earlier right pursuant to Article 25(3) of that Regulation;

(iv) additionally, in the case of an application pursuant to Article 25(1)(g) of the Regulation (EC) No 6/2002, the representation and particulars of the relevant item as referred to in that Article and particulars showing that the application is filed by the person or entity concerned by the improper use pursuant to Article 25(4) of that Regulation;

(v) where the ground for invalidity is that the registered Community design does not fulfil the requirements set out in Article 5 or 6 of Regulation (EC) No 6/2002, the indication and the reproduction of the prior designs that could form an obstacle to the novelty or individual character of the registered Community design, as well as documents proving the existence of those earlier designs;

(vi) an indication of the facts, evidence and arguments submitted in support of those grounds;

(c) as concerns the applicant:

(i) his/her name and address in accordance with Article 1(1)(b);

(ii) if the applicant has appointed a representative, the name and the business address of the representative, in accordance with Article 1(1)(e);

(iii) additionally, in the case of an application pursuant to Article 25(1)(c) of Regulation (EC) No 6/2002, particulars showing that the application is made by a person or by persons duly entitled pursuant to Article 25(2) of that Regulation.

2. The application shall be subject to the fee referred to in Article 52(2) of Regulation (EC) No 6/2002.

3. The Office shall inform the holder that an application for declaration of invalidity has been filed.