Article 132
Specific rules on related actions
- An EU trade mark court hearing an action referred to in Article 124 other than an action
for a declaration of non-infringement shall, unless there are special grounds for continuing
the hearing, of its own motion after hearing the parties or at the request of one of the
parties and after hearing the other parties, stay the proceedings where the validity of the
EU trade mark is already in issue before another EU trade mark court on account of a
counterclaim or where an application for revocation or for a declaration of invalidity has
already been filed at the Office.
- The Office, when hearing an application for revocation or for a declaration of invalidity
shall, unless there are special grounds for continuing the hearing, of its own motion after
hearing the parties or at the request of one of the parties and after hearing the other parties,
stay the proceedings where the validity of the EU trade mark is already in issue on account
of a counterclaim before an EU trade mark court. However, if one of the parties to the
proceedings before the EU trade mark court so requests, the court may, after hearing the
other parties to these proceedings, stay the proceedings. The Office shall in this instance
continue the proceedings pending before it.
- Where the EU trade mark court stays the proceedings it may order provisional and
protective measures for the duration of the stay.