Regulation 1995/2868 - Implementation of Council Regulation (EC) No 40/94 on the EC trade mark - Main contents

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Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark

Official Journal L 303 , 15/12/1995 P. 0001 - 0032

COMMISSION REGULATION (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1) as amended by Regulation (EC) No 3288/94 (2), and in particular Article 140 thereof,

Whereas Regulation (EC) No 40/94 (hereinafter 'the Regulation`) creates a new trade mark system allowing a trade mark having effect throughout the Community to be obtained on the basis of an application to the Office for Harmonization in the Internal Market (trade marks and designs) ('the Office`);

Whereas for this purpose, the Regulation contains the necessary provisions for a procedure leading to the registration of a Community trade mark, as well as for the administration of Community trade marks, for appeals against decisions of the Office and for proceedings for the revocation or invalidation of a Community trade mark;

Whereas Article 140 of the Regulation provides that the rules implementing the Regulation shall be adopted in an implementing regulation;

Whereas the implementing regulation is to be adopted in accordance with the procedure laid down in Article 141 of the Regulation;

Whereas this implementing regulation therefore lays down the rules necessary for implementing the provisions of the Regulation on the Community trade mark;

Whereas these rules should ensure the smooth and efficient operating of trade mark proceedings before the Office;

Whereas in accordance with Article 116 (1) of the Regulation, all the elements of the application for a Community trade mark specified in its Article 26 (1) as well as any other information the publication of which is prescribed by this implementing regulation should be published in all the official languages of the Community;

Whereas, however, it is not appropriate for the trade mark itself, names, addresses, dates and any other similar data to be translated and published in all the official languages of the Community;

Whereas the Office should make available standard forms for proceedings before the Office in all official languages of the Community;

Whereas the measures envisaged in this Regulation are in accordance with the opinion of the Committee established under Article 141 of the Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The rules implementing the Regulation shall be as follows:

TITLE I

APPLICATION PROCEDURE

Rule 1

Content of the application

• (1) 

  The application for a Community trade mark shall contain:

(a) a request for registration of the mark as a Community trade mark;

(b) the name, address and nationality of the applicant and the State in which he is domiciled or has his seat or an establishment. Names of natural persons shall be indicated by the person's family name and given name(s). Names of legal entities, as well as bodies falling under Article 3 of the Regulation, shall be indicated by their official designation, which may be abbreviated in a customary manner; furthermore, the law of the State governing them shall be indicated. The telegraphic and teletype address, telephone as well as fax numbers and details of other data communications links may be given. Only one address shall, in principle, be indicated for each applicant; where several addresses are indicated, only the address mentioned first shall be taken into account, except where the applicant designates one of the addresses as an address for service;

(c) a list of the goods and services for which the trade mark is to be registered, in accordance with Rule 2;

(d) a representation of the mark in...

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