Contents
1.An EU trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings:
(a)where there is an earlier trade mark as referred to in Article 8(2) and the conditions set out in paragraph 1 or 5 of that Article are fulfilled;
(b)where there is a trade mark as referred to in Article 8(3) and the conditions set out in that paragraph are fulfilled;
(c)where there is an earlier right as referred to in Article 8(4) and the conditions set out in that paragraph are fulfilled;
(d)where there is an earlier designation of origin or geographical indication as referred to in Article 8(6) and the conditions set out in that paragraph are fulfilled.
All the conditions referred to in the first subparagraph shall be fulfilled at the filing date or the priority date of the EU trade mark.
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