Seniority claimed in an international application
- The applicant for an international registration designating the Union may claim, in the
international application, the seniority of an earlier trade mark registered in a
Member State, including a trade mark registered in the Benelux countries, or registered
under international arrangements having effect in a Member State, as provided for in
- The documentation, as specified in the implementing act adopted pursuant to Article 39(6),
in support of the seniority claim shall be submitted within three months of the date on
which the International Bureau notifies the international registration to the Office. In this
regard, Article 39(7) shall apply.
- Where the holder of the international registration is obliged to be represented before the
Office pursuant to Article 119(2), the communication as referred to in paragraph 2 of
this Article shall contain the appointment of a representative within the meaning of
- Where the Office finds that the seniority claim under paragraph 1 of this Article does not
comply with Article 39, or does not comply with the other requirements laid down in
this Article, it shall invite the applicant to remedy the deficiencies. If the requirements
referred to in the first sentence are not satisfied within the time limit specified by the
Office, the right of seniority in respect of that international registration shall be lost. If the
deficiencies concern only some of the goods and services, the right of seniority shall be
lost only in so far as those goods and services are concerned.
- The Office shall inform the International Bureau of any declaration of a loss of the right of
seniority pursuant to paragraph 4. It shall also inform the International Bureau of any
withdrawal or restriction of the seniority claim.
- Article 39(5) shall apply, unless the right of seniority is declared lost pursuant to
paragraph 4 of this Article.