Procedure for entering licences
and other rights in the Register
- Article 20(5) and (6) and the rules adopted pursuant to it and Article 20(8) shall apply
mutatis mutandis to the registration of a right in rem or transfer of a right in rem as referred
to in Article 22(2), the levy of execution as referred to in Article 23(3), the involvement in
insolvency proceedings as referred to in Article 24(3), as well as to the registration of a
licence or transfer of a licence as referred to in Article 25(5), subject to the following:
- (a) the requirement relating to the identification of goods and services to which the
transfer relates shall not apply in respect of a request for registration of a right
in rem , of a levy of execution or of insolvency proceedings;
- (b) the requirement relating to the documents proving the transfer shall not apply where
the request is made by the proprietor of the EU trade mark.
- The application for registration of the rights referred to in paragraph 1 shall not be deemed
to have been filed until the required fee has been paid.
- The application for registration of a licence may contain a request to record a licence in the
Register as one or more of the following:
- (a) an exclusive licence;
- (b) a sub-licence in the event that the licence is granted by a licensee whose licence is
recorded in the Register;
- (c) a licence limited to only part of the goods or services for which the mark is
- (d) a licence limited to part of the Union;
- (e) a temporary licence.
Where a request is made to record the licence as a licence listed in points (c), (d) and (e) of
the first subparagraph, the application for registration of a licence shall indicate the goods
and services, the part of the Union and the time period for which the licence is granted.
- Where the conditions applicable to registration, as laid down in Articles 22 to 25, in
paragraphs 1 and 3 of this Article and in the other applicable rules adopted pursuant to this
Regulation, are not fulfilled, the Office shall notify the applicant of the deficiency. If the
deficiency is not corrected within a period specified by the Office, it shall reject the
application for registration.
- Paragraphs 1 and 3 shall apply mutatis mutandis to applications for EU trade marks.