- Representation of natural or legal persons before the Office may only be undertaken by:
- (a) a legal practitioner qualified in one of the Member States of the European Economic
Area and having his place of business within the European Economic Area, to the
extent that he is entitled, within the said Member State, to act as a representative in
trade mark matters;
- (b) professional representatives whose names appear on the list maintained for this
purpose by the Office.
Representatives acting before the Office shall, at the request of the Office or, where
appropriate, of the other party to the proceedings, file with it a signed authorisation for
insertion on the files.
- Any natural person who fulfils the following conditions may be entered on the list of
- (a) being a national of one of the Member States of the European Economic Area;
- (b) having his place of business or employment in the European Economic Area;
- (c) being entitled to represent natural or legal persons in trade mark matters before the
Benelux Office for Intellectual Property or before the central industrial property
office of a Member State of the European Economic Area. Where, in the State
concerned, the entitlement is not conditional upon the requirement of special
professional qualifications, persons applying to be entered on the list who act in trade
mark matters before the Benelux Office for Intellectual Property or those central
industrial property offices shall have habitually so acted for at least five years.
However, persons whose professional qualification to represent natural or legal
persons in trade mark matters before the Benelux Office for Intellectual Property or
those central industrial property offices is officially recognised in accordance with
the regulations laid down by the State concerned shall not be required to have
exercised the profession.
- Entry shall be effected upon request, accompanied by a certificate furnished by the central
industrial property office of the Member State concerned, indicating that the conditions
laid down in paragraph 2 are fulfilled.
- The Executive Director may grant an exemption from:
- (a) the requirement in the second sentence of paragraph 2(c), if the applicant furnishes
proof that he has acquired the requisite qualification in another way;
- (b) the requirement set out in paragraph 2(a) in the case of highly qualified
professionals, provided that the requirements set out in paragraph 2(b) and (c) are
- A person may be removed from the list of professional representatives at his request or
when no longer in a capacity to represent. The amendments of the list of professional
representatives shall be published in the Official Journal of the Office.