Claiming seniority of a national trade mark
in an application for an EU trade mark
or subsequent to the filing of the application
- The proprietor 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, who applies for an identical trade mark for registration as
an EU trade mark for goods or services which are identical with or contained within those
for which the earlier trade mark has been registered, may claim for the EU trade mark the
seniority of the earlier trade mark in respect of the Member State in or for which it is
- Seniority claims shall either be filed together with the EU trade mark application or within
two months of the filing date of the application, and shall include the Member State or
Member States in or for which the mark is registered, the number and the filing date of the
relevant registration, and the goods and services for which the mark is registered. Where
the seniority of one or more registered earlier trade marks is claimed in the application, the
documentation in support of the seniority claim shall be filed within three months of the
filing date. Where the applicant wishes to claim the seniority subsequent to the filing of the
application, the documentation in support of the seniority claim shall be submitted to the
Office within three months of receipt of the seniority claim.
- Seniority shall have the sole effect under this Regulation that, where the proprietor of the
EU trade mark surrenders the earlier trade mark or allows it to lapse, he shall be deemed to
continue to have the same rights as he would have had if the earlier trade mark had
continued to be registered.
- The seniority claimed for the EU trade mark shall lapse where the earlier trade mark the
seniority of which is claimed is declared to be invalid or revoked. Where the earlier trade
mark is revoked, the seniority shall lapse provided that the revocation takes effect prior to
the filing date or priority date of that EU trade mark.
- The Office shall inform the Benelux Office for Intellectual Property or the central
industrial property office of the Member State concerned of the effective claiming of
- The Commission shall adopt implementing acts specifying the kind of documentation to be
filed for claiming the seniority of a national trade mark or a trade mark registered under
international agreements having effect in a Member State in accordance with paragraph 2
of this Article. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 207(2).
- The Executive Director may determine that the documentation to be provided by the
applicant in support of the seniority claim may consist of less than what is required under
the specifications adopted in accordance with paragraph 6, provided that the information
required is available to the Office from other sources.