Article 11

Date from which rights against third parties prevail

1. The rights conferred by an EU trade mark shall prevail against third parties from the date of publication of the registration of the trade mark.
2. Reasonable compensation may be claimed in respect of acts occurring after the date of publication of an EU trade mark application, where those acts would, after publication of the registration of the trade mark, be prohibited by virtue of that publication.
3. A court seized of a case shall not decide upon the merits of that case until the registration has been published.