Submission, publication and transmission of the request for conversion
- A request for conversion shall be filed with the Office within the relevant period pursuant
to Article 139(4), (5) or (6), and shall include an indication of the grounds for conversion
in accordance with Article 139(1)(a) or (b), the Member States in respect of which
conversion is requested, and the goods and services subject to conversion. Where
conversion is requested following a failure to renew the registration, the period of three
months provided for in Article 139(5) shall begin to run on the day following the last day
on which the request for renewal can be presented pursuant to Article 53(3). The request
for conversion shall not be deemed to be filed until the conversion fee has been paid.
- Where the request for conversion relates to an EU trade mark application which has
already been published or where the request for conversion relates to an EU trade mark,
receipt of any such request shall be recorded in the Register and the request for conversion
shall be published.
- The Office shall check whether the conversion requested fulfils the conditions set out in
this Regulation, in particular Article 139(1), (2), (4), (5) and (6), and paragraph 1 of this
Article, together with the formal conditions specified in the implementing act adopted
pursuant to paragraph 6 of this Article. If the conditions governing the request are not
fulfilled, the Office shall notify the applicant of the deficiencies. If the deficiencies are not
remedied within a period to be specified by the Office, the Office shall reject the request
for conversion. Where Article 139(2) applies, the Office shall reject the request for
conversion as inadmissible only with respect to those Member States for which conversion
is excluded under that provision. Where the conversion fee has not been paid within the
relevant period of three months pursuant to Article 139(4), (5) or (6), the Office shall
inform the applicant that the request for conversion is deemed not to have been filed.
- If the Office or an EU trade mark court has refused the EU trade mark application or has
declared the EU trade mark invalid on absolute grounds by reference to the language of a
Member State, conversion shall be excluded under Article 139(2) for all the Member States
in which that language is one of the official languages. If the Office or an EU trade mark
court has refused the EU trade mark application or has declared the EU trade mark invalid
on absolute grounds which are found to apply throughout the Union or on account of an
earlier EU trade mark or other Union industrial property right, conversion shall be
excluded under Article 139(2) for all Member States.
- Where the request for conversion complies with the requirements referred to in
paragraph 3 of this Article, the Office shall transmit the request for conversion and the data
referred to in Article 111(2) to the central industrial property offices of the Member States,
including the Benelux Office for Intellectual Property, for which the request has been
found admissible. The Office shall inform the applicant of the date of transmission.
- The Commission shall adopt implementing acts specifying:
- (a) the details to be contained in a request for conversion of an EU trade mark
application or a registered EU trade mark into a national trade mark application
pursuant to paragraph 1;
- (b) the details which are to be contained in the publication of the request for conversion
pursuant to paragraph 2.
Those implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 207(2).