6Rule 15(2) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Regulation No 40/94 (OJ 1995 L 303, p. 1) as amended by Commission Regulation (EC) No 1041/2005 of 29 June 2005 (OJ 2005 L 172, p. 4) (‘the Implementing Regulation’), entitled ‘Notice of opposition’, states:‘The notice of opposition shall contain:…(b) a clear identification of the earlier trade mark or earlier right on which the opposition is based, namely:(i) where the opposition is based on an earlier mark within the meaning of Article 8(2)(a) or (b) of [Regulation No 40/94, the wording of which is identical to that of Article 8(2)(a) and (b) of Regulation No 207/2009] or where the opposition is based on Article 8(3) of [Regulation No 40/94, the wording of which is identical to that of Article 8(3) of Regulation No 207/2009], the indication of the file number or registration number of the earlier mark, the indication whether the earlier mark is registered or an application for registration, as well as the indication of the Member States including, where applicable, the Benelux, in or for which the earlier mark is protected, or, if applicable, the indication that it is an EU trade mark;…(e) a representation of the earlier mark as registered or applied for; if the earlier mark is in colour, the representation shall be in colour;…’
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