Article 139
Request for the application of national procedure
- The applicant for or proprietor of an EU trade mark may request the conversion of his
EU trade mark application or EU trade mark into a national trade mark application:
- (a) to the extent that the EU trade mark application is refused, withdrawn, or deemed to
be withdrawn;
- (b) to the extent that the EU trade mark ceases to have effect.
- Conversion shall not take place:
- (a) where the rights of the proprietor of the EU trade mark have been revoked on the
grounds of non-use, unless in the Member State for which conversion is requested
the EU trade mark has been put to use which would be considered to be genuine use
under the laws of that Member State;
- (b) for the purpose of protection in a Member State in which, in accordance with the
decision of the Office or of the national court, grounds for refusal of registration or
grounds for revocation or invalidity apply to the EU trade mark application or
EU trade mark.
- The national trade mark application resulting from the conversion of an EU trade mark
application or an EU trade mark shall enjoy in respect of the Member State concerned the
date of filing or the date of priority of that application or trade mark and, where
appropriate, the seniority of a trade mark of that State claimed under Articles 39 or 40.
- In cases where an EU trade mark application is deemed to be withdrawn, the Office shall
send to the applicant a communication fixing a period of three months from the date of that
communication in which a request for conversion may be filed.
- Where the EU trade mark application is withdrawn or the EU trade mark ceases to have
effect as a result of a surrender being recorded or of failure to renew the registration, the
request for conversion shall be filed within three months of the date on which the EU trade
mark application has been withdrawn or on which the EU trade mark ceases to have effect.
- Where the EU trade mark application is refused by decision of the Office or where the
EU trade mark ceases to have effect as a result of a decision of the Office or of an EU trade
mark court, the request for conversion shall be filed within three months of the date on
which that decision acquired the authority of a final decision.
- The effect referred to in Article 37 shall lapse if the request is not filed in due time.