An EU trade mark may be surrendered in respect of some or all of the goods or services for
which it is registered.
The surrender shall be declared to the Office in writing by the proprietor of the trade mark.
It shall not have effect until it has been entered in the Register. The validity of the
surrender of an EU trade mark which is declared to the Office subsequent to the
submission of an application for revocation of that trade mark pursuant to Article 63(1)
shall be conditional upon the final rejection or withdrawal of the application for revocation.
Surrender shall be entered only with the agreement of the proprietor of a right relating to
the EU trade mark and which is entered in the Register. If a licence has been registered,
surrender shall be entered in the Register only if the proprietor of the EU trade mark proves
that he has informed the licensee of his intention to surrender. The entry of the surrender
shall be made on expiry of the three-month period after the date on which the proprietor
satisfies the Office that he has informed the licensee of his intention to surrender, or before
the expiry of that period, as soon as he proves that the licensee has given his consent.
If the requirements governing surrender are not fulfilled, the Office shall communicate the
deficiencies to the declarant. If the deficiencies are not remedied within a period to be
specified by the Office, the Office shall reject the entry of surrender in the Register.
The Commission shall adopt implementing acts specifying the details to be contained in a
declaration of surrender pursuant to paragraph 2 of this Article and the kind of
documentation required to establish a third party's agreement pursuant to paragraph 3 of
this Article. Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 207(2).