Traduction de «Seniority claimed for the Community trade mark » (Anglais → Français) :

1. The proprietor of an earlier trade mark registered in a Member State, including a trade mark registered in the Benelux countries, or registered under international arrangements having effect in a Member State, who applies for an identical trade mark for registration as a Community trade mark for goods or services which are identical with or contained within those for which the earlier trade mark has been registered, may ...[+++]claim for the Community trade mark the seniority of the earlier trade mark in respect of the Member State in or for which it is registered.

The proprietor of an earlier trade mark registered in a Member State, including a trade mark registered in the Benelux countries, or registered under international arrangements having effect in a Member State, who applies for an identical trade mark for registration as a Community trade mark for goods or services which are identical with or contained within those for which the earlier trade mark has been registered, may ...[+++]claim for the Community trade mark the seniority of the earlier trade mark in respect of the Member State in or for which it is registered.

Sportwetten GmbH Gera, the holder at the time of German word mark INTERTOPS SPORTWETTEN in respect of the same services, sought a declaration that the Community trade mark was invalid, claiming that it was contrary to accepted principles of morality.

By adopting these acts, it will be possible for firms to profit from the advantages of the Community trade mark through the Madrid Protocol and vice versa by allowing Community trade mark applicants and holders of such trade marks to apply for international protection of their trade marks through the filing of an international application under the Madrid Protocol and, conversely, holders o ...[+++]f international registrations under the Madrid Protocol to apply for protection of their trade marks under the Community trade mark system.

Implementation -------------- Article 125 of the proposed Regulation on the Community trade mark makes provision for implementing rules covering in particular the formalities for applying for a Community trade mark, the calculation and laying down of the time limits to be observed in dealings with the Community Trade Marks Office, the items to be published in the Community Trade Marks Bulletin and the rules governing the opposition, appeals, revocation and invalidity proce ...[+++]dure.

The second Commission Regulation adopted, referred to as "the Fees Regulation", determines in particular the amount of the fees, payable to the Harmonisation Office and the ways in which they must be paid. In addition, the Regulation empowers the President of the Office, subject to certain conditions, to lay down the charges which may be payable to the Office in respect of services it may render, like the delivery of extracts from the Office's register. Pursuant to the Fees Regulation, the amount of the main fees (which must be paid in Ecus) have been set as follows: Type of fee Amount (in Ecus) Basic fee for the application for registra ...[+++]tion of a Community trade mark, covering a maximum of three classes of goods or services 975 Opposition fee 350 Basic fee for the registration of a Community Trade Mark, covering a maximum of three classes of goods and services 1,100 Basic fee for the renewal of an individual mark 2,500 Fee for the application for revocation or for a declaration of invalidity 700 Appeal fee 800 Applications for Community trade mark may be filed as from 1 January 1996.