Examination of opposition
- In the examination of the opposition the Office shall invite the parties, as often as
necessary, to file observations, within a period set by the Office, on communications from
the other parties or issued by itself.
- If the applicant so requests, the proprietor of an earlier EU trade mark who has given
notice of opposition shall furnish proof that, during the five-year period preceding the date
of filing or the date of priority of the EU trade mark application, the earlier EU trade mark
has been put to genuine use in the Union in connection with the goods or services in
respect of which it is registered and which he cites as justification for his opposition, or
that there are proper reasons for non-use, provided that the earlier EU trade mark has at
that date been registered for not less than five years. In the absence of proof to this effect,
the opposition shall be rejected. If the earlier EU trade mark has been used in relation to
only part of the goods or services for which it is registered it shall, for the purposes of the
examination of the opposition, be deemed to be registered in respect only of that part of the
goods or services.
- Paragraph 2 shall apply to earlier national trade marks referred to in Article 8(2)(a), by
substituting use in the Member State in which the earlier national trade mark is protected
for use in the Union.
- The Office may, if it thinks fit, invite the parties to make a friendly settlement.
- If examination of the opposition reveals that the trade mark may not be registered in
respect of some or all of the goods or services for which the EU trade mark application has
been made, the application shall be refused in respect of those goods or services. Otherwise
the opposition shall be rejected.
- The decision refusing the application shall be published upon becoming final.