Implementing Regulations to the Community Trade Mark Regulation
Print this pageCommission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark
Article 1
The rules implementing the Regulation shall be as follows:
Title I - Application Procedure
Rule 1 - Content of the application
Rule 2 - List of goods and service [deleted]
Rule 3 - Representation of the mark
Rule 4 - Fees for the application [deleted]
Rule 5 - Filing of the application [deleted]
Rule 5a - Search report [deleted]
Rule 8 - Claiming the seniority of a national trade mark
Rule 9 - Examination of requirements for a filing date and of formal requirements
Rule 10 - Searches by national offices
Rule 11 - Examination as to absolute grounds for refusal
Rule 12 - Publication of the application
Rule 13 - Amendment of the application
Rule 13a - Division of the application
Rule 14 - Correction of mistakes and errors in publications
Title II - Procedure for oppostion and proof of use
Rule 15 - Notice of opposition
Rule 16 - Use of languages in the notice of opposition
Rule 16a - Information of the applicant
Rule 17 - Examination of admissibility
Rule 18 - Commencement of opposition proceedings
Rule 19 - Substantiation of the opposition
Rule 20 - Examination of the opposition
Rule 21 - Multiple oppositions
Title III - Registration Procedure
Rule 23 - Registration of the trade mark [deleted]
Rule 24 - Certificate of registration
Rule 25 - Alteration of the registration
Rule 25a - Division of a registration
Rule 28 - Claiming seniority after registration of the Community trade mark
Title IV - Renewal [deleted]
Rule 29 - Notification of expiry [deleted]
Rule 30 - Renewal of registration [deleted]
Title V - Transfer, license and other rights, changes
Rule 33 - Registration of licences and other rights
Rule 34 - Special provisions for the registration of a licence
Rule 35 - Cancellation or modification of the registration of licences and other rights
Title VI - Surrender
Title VII - Revocation and invalitiy
Rule 37 - Application for revocation or for a declaration of invalidity
Rule 38 - Languages used in revocation or invalidity proceedings
Rule 40 - Examination of the application for revocation or for a declaration of invalidity
Rule 41 - Multiple applications for revocation or for a declaration of invalidity
Title VIII - Community collective marks
Rule 42 - Application of provisions
Rule 43 - Regulation governing Community collective marks
Title IX - Conversion
Rule 44 - Application for conversion
Rule 45 - Examination of application for conversion
Rule 46 - Publication of application for conversion
Rule 47 - Transmission to central industrial property offices of the Member States
Rule 48 - Content of the notice of appeal
Rule 49 - Rejection of the appeal as inadmissible
Rule 50 - Examination of appeals
Rule 51 - Reimbursement of appeal fees
Title XI - General provisions
Part A - Decisions and communications of the Office
Rule 53 - Correction of errors in decisions
Rule 53a - Revocation of a decision or entry in the Register
Rule 54 - Noting of loss of rights
Rule 55 - Signature, name, seal
Part B - Oral proceedings and taking of evidence
Rule 56 - Summons to oral proceedings
Rule 57 - Taking of evidence by the Office
Rule 58 - Commissioning of experts
Rule 59 - Costs of taking of evidence
Rule 60 - Minutes of oral proceedings
Part C - Notifications
Rule 61 - General provisions on notifications
Rule 62 - Notification by post
Rule 63 - Notification by hand delivery
Rule 64 - Notification by deposit in a post box at the Office
Rule 65 - Notification by telecopier and other technical means
Rule 67 - Notification to representatives
Rule 68 - Irregularities in notification
Rule 69 - Notification of documents in the case of several parties
Part D - Timelimits
Rule 70 - Calculation of time limits
Rule 71 - Duration of time limits
Rule 72 - Expiry of time limits in special cases
Part E - Interruption of proceedings
Rule 73 - Interruption of proceedings
Part F - Waiving of enforced recovery procedures
Rule 74 - Waiving of enforced recovery procedures
Part G - Representation
Rule 75 - Appointment of a common representative
Rule 78 - Amendment of the list of professional representatives
Part H - Written communications and forms
Rule 79 - Communication in writing or by other means
Rule 79a - Annexes to written communications
Rule 80 - Communication by telecopier
Rule 81 - expired
Rule 82 - Communication by electronic means
Part I - Information of the public
Rule 84 - Register of Community Trade Marks [deleted]
Part J - Community Trade Marks Bulleting and Official Journal of the Office
Rule 85 - Community Trade Marks Bulletin
Rule 86 - Official Journal of the Office
Rule 87 - Data bank [deleted]
Part K - Inspection of files and keeping of files [deleted]
Rule 88 - Parts of the file excludedfrom inspection [deleted]
Rule 89 - Procedures for the inspection of files [deleted]
Rule 90 - Communication of information contained in the files [deleted]
Rule 91 - Keeping files [deleted]
Part L - Administrative cooperation
Rule 93 - Inspection of files by or via courts or authorities of the Member States
Part M - Costs
Rule 94 - Apportionment and fixing of costs
Part N - Languages
Rule 95 - Applications and declarations
Rule 99 - Legal authenticity of translations
Part O - Organization of the Office
Rule 100 - Decisions taken by a single member
Title XII - Reciprocity
Rule 101 - Publication of reciprocity
Title XIII - Procedures concerning the international registration of marks
Part a - International registration on the basis of applications for a community trade mark and of community trade marks
Rule 102 - Filing of an international application
Rule 103 - Examination of international applications
Rule 104 - Forwarding of the international application
Rule 105 - Subsequent designations
Rule 106 - Dependence of the international registration on the basic application or registration
Part b - International registrations designating the European Community
Rule 108 - Seniority claimed in an international application
Rule 109 - Examination of seniority claims
Rule 110 - Seniority claimed before the Office
Rule 111 - Decisions affecting seniority claims
Rule 112 - Examination as to absolute grounds for refusal
Rule 113 - Notification of ex officio provisional refusals to the International Bureau
Rule 114 - Opposition proceedings
Rule 115 - Notification of provisional refusals based on an opposition
Rule 116 - Statement of grant of protection
Rule 117 - Notification of invalidation to the International Bureau
Rule 118 - Legal effect of registration of transfers
Rule 119 - Legal effect of registration of licenses and other rights
Rule 122 - Conversion of an international registration into a national trade mark application
Rule 125 - Communications with the International Bureau and electronic forms
Article 2 - Transitional Provisions
Not in force anymore. Replaced by the EU Trade Mark Delegated Regulation and the Implementing Regulations to the EU Trade Mark Regulation. Text in force until 01-10-2017. The text can be verified at EUR-LEX.