Rule 115

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1. When an opposition against an international registration is entered at the Office pursuant to Article 151(2) of the Regulation, or is deemed to have been entered pursuant to Rule 114(3), the Office shall issue a notification of provisional refusal of protection based on an opposition to the International Bureau.


2. The notification of provisional refusal of protection based on an opposition shall contain:
(a) the number of the international registration;
(b) the indication that the refusal is based on the fact that an opposition has been filed, together with a reference to the provisions of Article 8 of the Regulation on which the opposition relies;
(c) the name and the address of the opposing party.


3. Where the opposition is based on a trademark application or registration, the notification referred to in paragraph 2 shall contain the following indications:
(i) the filing date, the registration date and, if any, the priority date,
(ii) the filing number and, if different, the registration number,
(iii) the name and address of the owner,
(iv) a reproduction of the mark, and
(v) the list of goods and services on which the opposition is based.


4. If the provisional refusal relates to only part of the goods and services, the notification referred to in paragraph 2 shall indicate those goods and services.


5. The Office shall inform the International Bureau as follows:
(a) where as the result of the opposition proceeding the provisional refusal has been withdrawn, the fact that the mark is protected in the European Community;
(b) where a decision to refuse protection of the mark has become final, if applicable, following an appeal under Article 57 of the Regulation or an action under Article 63 of the Regulation, the fact that protection of the mark is refused in the European Community;
(c) where the refusal pursuant to subparagraph (a) or (b) concerns only part of the goods and services, the goods and services for which the mark is protected in the European Community.


6. Where for one and the same international registration, more than one provisional refusal has been issued pursuant to Rule 112(1) or paragraph 1 of this Rule, the communication referred to in paragraph 5 of this Rule shall relate to the total or partial refusal of protection of the mark as it results from all the procedures under Article 149 and 151 of the Regulation.