Rule 28

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(1) An application pursuant to Article 35 of the Regulation to obtain the seniority of one or more earlier registered trade marks as referred to in Article 34 of the Regulation, shall contain:
(a) the registration number of the Community trade mark;
(b) the name and address of the proprietor of the Community trade mark in accordance with Rule 1 (1) (b);
(c) [deleted, editor IP-PorTal]
(d) an indication of the Member State or Member States in or for which the earlier mark is registered, the number and the filing date of the relevant registration, and the goods and services for which the earlier mark is registered;
(e) an indication of the goods and services in respect of which seniority is claimed;
(f) a copy of the relevant registration; the copy must be certified as an exact copy of the relevant registration by the competent authority.

 

(2) If the requirements governing the claiming of seniority are not fulfilled, the Office shall communicate the deficiency to the applicant. If the deficiency is not remedied within a period specified by the Office, the Office shall reject the application.


(3) The Office shall inform the Benelux Trade Mark Office or the central industrial property office of the Member State concerned of the effective claiming of seniority.


(4) The President of the Office may determine that the material to be provided by the applicant may consist of less than is required under paragraph 1 (f), provided that the information required is available to the Office from other sources.