Rule 15

Print this page

(1) A notice of opposition may be entered on the basis of one or more earlier marks within the meaning of Article 8(2) of the Regulation (earlier marks) and one and/or more other earlier rights within the meaning of Article 8(4) of the Regulation (earlier rights), provided that the earlier marks or earlier rights all belong to the same proprietor or proprietors. If an earlier mark and/or an earlier right has more than one proprietor (co-ownership), the opposition may be filed by any or all of them.


(2) The notice of opposition shall contain:
(a) the file number of the application against which opposition is entered and the name of the applicant for the Community trade mark;
(b) a clear identification of the earlier mark or earlier right on which the opposition is based, namely:
(i) where the opposition is based on an earlier mark within the meaning of Article 8(2)(a) or (b) of the Regulation or where the opposition is based on Article 8(3) of the Regulation, the indication of the file number or registration number of the earlier mark, the indication whether the earlier mark is registered or an application for registration, as well as the indication of the Member States including, where applicable, the Benelux, in or for which the earlier mark is protected, or, if applicable, the indication that it is a Community trade mark;
(ii) where the opposition is based on a well-known mark within the meaning of Article 8(2)(c) of the Regulation, the indication of the Member State where the mark is well-known and either the indications referred to in point (i) or a representation of the mark;
(iii) where the opposition is based on an earlier right within the meaning of Article 8(4), an indication of its kind or nature, a representation of the earlier right, and an indication of whether this earlier right exists in the whole Community or in one or more Member States, and if so, an indication of the Member States;
(c) the grounds on which the opposition is based, namely a statement to the effect that the respective requirements under Article 8(1), (3), (4) and (5) of the Regulation are fulfilled;
(d) the filing date and, where available, the registration date and the priority date of the earlier mark, unless it is an unregistered well-known trade mark;
(e) a representation of the earlier mark as registered or applied for; if the earlier mark is in colour, the representation shall be in colour;
(f) the goods and services on which the opposition is based;
(g) where the opposition is based on an earlier mark having a reputation within the meaning of Article 8(5) of the Regulation, an indication of the Member State in which, and the goods and services for which, the mark has a reputation;
(h) as concerns the opposing party:
(i) the name and address of the opposing party in accordance with Rule 1(1)(b);
(ii) where the opposing party has appointed a representative, the name and business address of the representative in accordance with Rule 1(1)(e);
(iii) where the opposition is entered by a licensee or by a person who is entitled under the relevant national law to exercise an earlier right, a statement to that effect and indications concerning the authorisation or entitlement to file the opposition.


(3) The notice of opposition may contain:
(a) an indication of the goods and services against which the opposition is directed; in the absence of such an indication the opposition shall be considered to be directed against all of the goods and services of the opposed Community trade mark application;
(b) a reasoned statement setting out the main facts and arguments on which the opposition relies, and evidence to support the opposition.


(4) Where the opposition is based on more than one earlier mark or earlier right, paragraphs 2 and 3 shall apply for each of these rights.