Chapter VI, Section 3, Article 60, Paragraph 4. · Regulation (EU) 2017/1001

Contents

1. An EU trade mark shall be declared invalid on application…
2. An EU trade mark shall also be declared invalid on applica…
3. An EU trade mark may not be declared invalid where the pro…
4. Where the proprietor of one of the rights referred to in p…
5. Article 59(3) shall apply.

4.Where the proprietor of one of the rights referred to in paragraph 1 or 2 has previously applied for a declaration that an EU trade mark is invalid or made a counterclaim in infringement proceedings, he may not submit a new application for a declaration of invalidity or lodge a counterclaim on the basis of another of the said rights which he could have invoked in support of his first application or counterclaim.