Claiming seniority of a national trade mark after registration of an EU trade mark
- The proprietor of an EU trade mark who is the proprietor of an earlier identical trade mark
registered in a Member State, including a trade mark registered in the Benelux countries or
of an earlier identical trade mark, with an international registration effective in a
Member State, for goods or services which are identical to those for which the earlier trade
mark has been registered, or contained within them, may claim the seniority of the earlier
trade mark in respect of the Member State in or for which it was registered.
- Seniority claims filed pursuant to paragraph 1 of this Article shall include the registration
number of the EU trade mark, the name and address of its proprietor, the Member State or
Member States in or for which the earlier mark is registered, the number and the filing date
of the relevant registration, the goods and services for which the mark is registered and
those in respect of which seniority is claimed, and supporting documentation as provided
for in the rules adopted pursuant to Article 39(6).
- If the requirements governing the claiming of seniority are not fulfilled, the Office shall
communicate the deficiency to the proprietor of the EU trade mark. If the deficiency is not
remedied within a period to be specified by the Office, the Office shall reject the claim.
- Article 39(3), (4), (5) and (7) shall apply.