Rule 114

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1. Where opposition is entered against an international registration designating the European Community pursuant to Article 151 of the Regulation, the notice of opposition shall contain:
(a) the number of the international registration against which opposition is entered;
(b) an indication of the goods and services listed in the international registration against which opposition is entered;
(c) the name of the holder of the international registration;
(d) the indications and elements referred to in Rule 15(2)(b) to (h).
 

2. Rules 15(1), (3) and (4) and 16 to 22 shall apply, subject to the following:
(a) any reference to an application for registration of the Community trade mark shall be read as a reference to an international registration;
(b) any reference to a withdrawal of the application for registration of the Community trade mark shall be read as a reference to the renunciation of the international registration in respect of the European Community;
(c) any reference to the applicant shall be read as a reference to the holder of the international registration.


3. If the notice of opposition is filed before the expiry of the period of six months referred to in Article 151(2) of the Regulation, the notice of opposition shall be deemed to have been filed on the first day following the expiry of the period of six months. The application of Article 42(3) second sentence of the Regulation shall remain unaffected.


4. Where the holder of the international registration is obliged to be represented in proceedings before the Office pursuant to Article 88(2) of the Regulation, and where he has not already appointed a representative within the meaning of Article 89(1) of the Regulation, the communication of the opposition to the holder of the international registration pursuant to Rule 19 shall contain the invitation to appoint a representative within the meaning of Article 89(1) of the Regulation within a period of two months from the date of notification of the communication.
Where the holder of the international registration fails to appoint a representative within this period, the Office will take a decision refusing the protection of the international registration.


5. The opposition procedure shall be stayed if an ex officio provisional refusal of protection is or has been issued pursuant to Rule 112. When the ex officio provisional refusal leads to a decision to refuse protection of the mark which has become final, the Office shall not proceed to judgment and refund the opposition fee, and no decision on the apportionment of costs shall be taken.