Register of EU trade marks

1. The Office shall keep a Register of EU trade marks which it shall keep up to date.

2. The Register shall contain the following entries relating to EU trade mark applications and registrations:

the date of filing the application;

the file number of the application;

the date of the publication of the application;

the name and address of the applicant;

the name and business address of the representative, other than a representative as referred to in the first sentence of Article 119(3);

the representation of the mark, with indications as to its nature; and, where applicable, a description of the mark;

an indication of the goods and services by their names;

particulars of claims of priority pursuant to Article 35;

particulars of claims of exhibition priority pursuant to Article 38;

particulars of claims of seniority of a registered earlier trade mark as referred to in Article 39;

a statement that the mark has become distinctive in consequence of the use which has been made of it, pursuant to Article 7(3);

an indication that the mark is a collective mark;

an indication that the mark is a certification mark;

the language in which the application was filed and the second language which the applicant has indicated in his application, pursuant to Article 146(3);

the date of registration of the mark in the Register and the registration number;

a statement that the application is the result of a transformation of an international registration designating the Union, pursuant to Article 204 of this Regulation, together with the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date on which the territorial extension to the Union made subsequent to the international registration pursuant to Article 3ter(2) of the Madrid Protocol was recorded and, where applicable, the date of priority of the international registration.

3. The Register shall also contain the following entries, each accompanied by the date of recording of such entry:

changes in the name, address or nationality of the proprietor of an EU trade mark or a change in the State in which he is domiciled or has his seat or establishment;

changes in the name or business address of the representative, other than a representative as referred to in the first sentence of Article 119(3);

where a new representative is appointed, the name and business address of that representative;

amendments and alterations of the mark, pursuant to Articles 49 and 54, and corrections of errors;

notice of amendments to the regulations governing the use of the collective mark pursuant to Article 79;

particulars of claims of seniority of a registered earlier trade mark as referred to in Article 39, pursuant to Article 40;

total or partial transfers pursuant to Article 20;

creation or transfer of a right in rem pursuant to Article 22, and the nature of the right in rem ;

levy of execution pursuant to Article 23 and insolvency proceedings pursuant to Article 24;

the grant or transfer of a licence pursuant to Article 25 and, where applicable, the type of licence;

renewal of a registration pursuant to Article 53, the date from which it takes effect and any restrictions pursuant to Article 53(4);

a record of a determination of the expiry of a registration pursuant to Article 53;

declarations of withdrawal or surrender by the proprietor of the mark pursuant to Articles 49 and 57 respectively;

the date of submission and the particulars of an opposition pursuant to Article 46, of an application pursuant to Article 63, or a counterclaim pursuant to Article 128(4) for revocation or for a declaration of invalidity, or of an appeal pursuant to Article 68;

the date and content of a decision on an opposition, on an application or counterclaim pursuant to Article 64(6) or the third sentence of Article 128(6), or on an appeal pursuant to Article 71;

a record of the receipt of a request for conversion pursuant to Article 140(2);

the cancellation of the representative recorded pursuant to point (e) of paragraph 2 of this Article;

the cancellation of the seniority of a national mark;

the modification to or cancellation from the Register of the items referred to in points (h), (i) and (j) of this paragraph;

the replacement of the EU trade mark by an international registration pursuant to Article 197;

the date and number of international registrations based on the EU trade mark application which has been registered as an EU trade mark pursuant to Article 185(1);

the date and number of international registrations based on the EU trade mark pursuant to Article 185(2);

the division of an application pursuant to Article 50 and the division of a registration pursuant to Article 56, together with the items referred to in paragraph 2 of this Article in respect of the divisional registration, as well as the list of goods and services of the original registration as amended;

the revocation of a decision or an entry in the Register pursuant to Article 103, where the revocation concerns a decision or entry which has been published;

notice of amendments to the regulations governing the use of the EU certification mark pursuant to Article 88.

4. The Executive Director may determine that items other than those referred to in paragraphs 2 and 3 of this Article are to be entered in the Register, subject to Article 149(4).

5. The Register may be maintained in electronic form. The Office shall collect, organise, make public and store the items referred to in paragraphs 2 and 3, including any personal data, for the purposes laid down in paragraph 8. The Office shall keep the register easily accessible for public inspection.

6. The proprietor of an EU trade mark shall be notified of any change in the Register.

7. The Office shall provide certified or uncertified extracts from the Register on request and on payment of a fee.

8. The processing of the data concerning the entries set out in paragraphs 2 and 3, including any personal data, shall take place for the purposes of:

administering the applications and/or registrations as described in this Regulation and acts adopted pursuant to it;

maintaining a public register for inspection by, and the information of, public authorities and economic operators, in order to enable them to exercise the rights conferred on them by this Regulation and be informed about the existence of prior rights belonging to third parties; and

producing reports and statistics enabling the Office to optimise its operations and improve the functioning of the system.

9. All the data, including personal data, concerning the entries in paragraphs 2 and 3 shall be considered to be of public interest and may be accessed by any third party. For reasons of legal certainty, the entries in the Register shall be kept for an indefinite period of time.

REGULATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2017 on the European Union trade mark (codification) ANNEX I ANNEX II ANNEX III