Trade Register No:

Trade register No.:

Trade Register No:................................................................

a trade mark registered in terms of the legislation of a Contracting Party,

Where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith either:

However, a trade mark registered in good faith no later than 31 December 1995 may be used until 31 December 2005, provided it has actually been in continuous use since being registered.

Members shall publish each trademark either before it is registered or promptly after it is registered and shall afford a reasonable opportunity for petitions to cancel the registration.

Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to goods or services which are not similar to those in respect of which a trademark is registered, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered trademark and provided that the interests of the owner of the registered trademark are likely to be damaged by such use.

Any Contracting Party shall register service marks and apply to such marks the provisions of the Paris Convention which concern trademarks.

(a) "counterfeit trademark goods" shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;

Members may determine conditions on the licensing and assignment of trademarks, it being understood that the compulsory licensing of trademarks shall not be permitted and that the owner of a registered trademark shall have the right to assign the trademark with or without the transfer of the business to which the trademark belongs.

Notwithstanding paragraph 1, a trade mark registered in good faith by 31 December 1995 at latest, may be used until 31 December 2005, provided it has been used effectively without interruption since its registration.

(4) Within three months of the enactment of the Act, the minister responsible for trade shall prescribe the rules on the procedure and other conditions under which consumer organisations shall be entered into the register.

The owner of a registered trademark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion.

(6) [Declaration That the Recording of Licenses in the International Register Has No Effect in a Contracting Party] (a) The Office of a Contracting Party the law of which does not provide for the recording of trademark licenses may notify the Director General that the recording of licenses in the International Register has no effect in that Contracting Party.

Project design activities may be performed by legal and natural persons that are entered in the register of companies as performing project design activities as a company or society or that have such activities registered with the relevant tax administration body as a sole trader.

A works may be constructed, reconstructed or removed by legal and natural persons that are entered in the register of companies as performing construction activities as a company or cooperative or that have such activities registered with the relevant tax administration as a sole trader.

(5) A producer is, according to this Act, an enterprise that manufactures final products or component parts or obtains raw materials; it may also be a person who through the means of a registered company, trademark or some other distinguishing mark on the product is represented as the producer.

A Member may provide that any request made under this Section in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Member or after the date of registration of the trademark in that Member provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in that Member, provided that the geographical indication is not used or registered in bad faith.

(b) The Office of a Contracting Party the law of which provides for the recording of trademark licenses may, before the date on which this Rule comes into force or the date on which the said Contracting Party becomes bound by the Agreement or the Protocol, notify the Director General that the recording of licenses in the International Register has no effect in that Contracting Party.

registered trademark

Operators may not apply to be registered as both a traditional and a non-traditional operator under this Regulation.

Operators may not apply to be registered as both a traditional and a non-traditional operator under this Regulation.

The relevant professional and trade registers or declarations or certificates are:

The relevant professional or trade registers and the corresponding declarations and certificates are:

"(a) where the Community trade mark has been registered contrary to the provisions of Article 7;

The proprietor of a Community trade mark who is the proprietor of an earlier identical trade mark registered in a Member State, including a trade mark registered in the Benelux countries or of an earlier identical trade mark, with an international registration effective in a Member State, for goods or services which are identical to those for which the earlier trade mark has been registered, or contained within them, may claim the seniority of the earlier trade mark in respect of the Member State in or for which it was registered.";

The description "traditional speciality guaranteed" can only be used with names entered in that Register.

(5) Whenever an individual auditor under the Companies' Act is not entered into the court register, the provisions of this Act concerning the entry into the court register shall apply mutatis mutandis to the entry into an appropriate register of sole traders.

For the purposes of Article 46, "professional and trade registers" means those listed in this Annex and, where changes have been made at national level, the registers which have replaced them.

Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the course of trade of more than mere local significance, the trade mark applied for shall not be registered where and to the extent that, pursuant to the Community legislation or the law of the Member State governing that sign:";

mention has been made in the Register of Community Trade Marks that a counterclaim for revocation or for declaration of invalidity has been filed before a Community trade mark court against the Community trade mark on which the international registration was based, but no mention has yet been made in the Register of the decision of the Community trade mark court on the counterclaim;

THE NAME OR TRADE NAME AND THE ADDRESS OR REGISTERED OFFICE OF THE PERSON RESPONSIBLE FOR THE PARTICULARS REFERRED TO IN THIS PARAGRAPH;

the date and number of an international registration based on the Community trade mark application which has been registered as a Community trade mark pursuant to Article 143(1) of the Regulation;

By way of derogation from point (b) of the first subparagraph of paragraph 1, the holder of a registered trade mark for a wine of a grape must which is identical:

So as to ensure fair competition and avoid misleading consumers, a common framework should be laid down for registering and protecting such traditional expressions.

It should remain compulsory for Community trade marks, but it should be made optional, subject to the payment of a fee, for searches in the trade mark registers of the Member States which notified their own decision to carry out such a search.

Where a Community trade mark is involved in insolvency proceedings, on request of the competent national authority an entry to this effect shall be made in the Register and published in the Community Trade Marks Bulletin referred to in Article 85.";

traditional operators registered in a Member State shall submit a written application for allocation of a specific reference quantity to the competent authorities of that Member State;

traditional operators registered in a Member State shall submit a written application for allocation of a specific reference quantity to the competent authorities of that Member State;

For the purposes of Article 17, and also in conjunction with Article 23(1) or (2) and Article 24, of the Regulation, recordal of a change in the ownership of the international registration on the International Register shall replace the entry of a transfer in the Register of Community Trade Marks.

The tax administration shall bring to the attention of VAT-registered traders the obligations which they may incur as parties responsible for providing the information required by Intrastat.

Cancellation or revocation shall be determined within six months from the date on which the entry was made in the Register or the decision was taken, after consultation with the parties to the proceedings and any proprietor of rights to the Community trade mark in question that are entered in the Register.

In the case of internal trade of RES-E (with recognised certification or origin registered) the calculation of these percentages will influence 2010 figures by Member State but not the Community total.".