Chapter II, Section 1, Article 8, Paragraph 2. · Regulation (EU) 2017/1001

Contents

2.For the purposes of paragraph 1, ‘earlier trade mark’ means:

(a)trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the EU trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks:

(i)EU trade marks;

(ii)trade marks registered in a Member State, or, in the case of Belgium, the Netherlands or Luxembourg, at the Benelux Office for Intellectual Property;

(iii)trade marks registered under international arrangements which have effect in a Member State;

(iv)trade marks registered under international arrangements which have effect in the Union;

(b)applications for the trade marks referred to in point (a), subject to their registration;

(c)trade marks which, on the date of application for registration of the EU trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the EU trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6bis of the Paris Convention.