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CLAIM OF SENIORITY EUROPEAN UNION

CLAIM OF SENIORITY EUROPEAN UNION 2025

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The document MM17(E) outlines the procedure for claiming seniority of an earlier trademark registered in a European Union member state when submitting an international application or subsequent designation to the Madrid System. It includes instructions for completing the form, details required about the applicant and holder, and specifics regarding the earlier mark, such as registration number and filing date.

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What is proof of use in Euipo opposition?

The evidence of use shall consist of invoices, catalogues, price lists, packages, labels, photographs, newspaper advertisements, written statements, advertising expenses. Market surveys and quotations of the mark in lists and publications of associations of the relevant profession are also suitable means of evidence.

What is the opposition period for the EU?

What is the time limit for filing a notice of opposition? A notice of opposition should be filed within a period of 3 months following the publication of the EU trade mark application. The official publication date is the date on which the application is published in Part A1 of the European Union Trade Marks Bulletin.

How long is the opposition period?

This is called an opposition. This usually happens during the two months notice period, during which your application details are published on the Australian Trade Mark Search before its officially registered.

What are the requirements for trademark in the EU?

Every trademark registration in the EU must meet a specific set of basic requirements, including the need for the mark to be novel, distinctive, and lawful. A trademark is not novel if it is identical to an existing registered trademark or a prior pending application covering the same or similar goods and services.

What is the opposition period for EU designation?

An opposition must be filed no later than 3 months after the publication of the trade mark application. What can you do if your application is opposed? 1 in 5 applications for EU trade marks are opposed.

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What is the opposition period for European patent?

Opposition must be filed within nine months of the publication of the mention that the patent has been granted. The procedure may involve multiple opponents.

What is a seniority claim?

A seniority claim is a mechanism unique to European trademark law, which allows a European trademark (EUTM) to be associated with an older registered national trademark (or national designation of an international trademark).

What is the time limit for opposition?

Generally, a time limit of three months is allowed for initiating the trademark opposition proceeding after it appears on the journal for the first time but that can be extended to a maximum of four months.

CLAIM OF SENIORITY EUROPEAN UNION 2025

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