Article 137
Prohibition of use of EU trade marks
- This Regulation shall, unless otherwise provided for, not affect the right existing under the
laws of the Member States to invoke claims for infringement of earlier rights within the
meaning of Article 8 or Article 60(2) in relation to the use of a later EU trade mark. Claims
for infringement of earlier rights within the meaning of Article 8(2) and (4) may, however,
no longer be invoked if the proprietor of the earlier right may no longer apply for a
declaration that the EU trade mark is invalid in accordance with Article 61(2).
- This Regulation shall, unless otherwise provided for, not affect the right to bring
proceedings under the civil, administrative or criminal law of a Member State or under
provisions of Union law for the purpose of prohibiting the use of an EU trade mark to the
extent that the use of a national trade mark may be prohibited under the law of that
Member State or under Union law.