Geography Reference
In-Depth Information
(b)
the manner in which the mark has been used by the proprietor has caused
it to become liable to mislead the public in the manner referred to in Art
68(2);
(c)
an amendment to the regulations governing use of the mark has been
mentioned in the Register in breach of the provisions of Art 71(2), unless
the proprietor of the mark, by further amending the regulations governing
use, complies with the requirements of those provisions.
(j) Grounds for invalidity
Article 74 provides that apart from the grounds for invalidity provided for in
Arts 52 and 53, a Community collective mark which is registered in breach of
the provisions of Art 68 shall be declared invalid on application to the Office or
on the basis of a counterclaim in infringement proceedings, unless the proprie-
tor of the mark, by amending the regulations governing use, complies with the
requirements of those provisions.
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(k) Delegation of powers
To deal with the period referred to in Art 67(1) within which an applicant for a
Community collective mark must submit regulations governing its use, the
proposed regulation to amend the Community Trade Mark Regulation pro-
poses the insertion of Art 74a which provides:
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The Commission shall be empowered to adopt delegated acts in accordance with
Article 163 specifying the period referred to in Article 67(1) for submitting the
regulations governing use of the European collective mark to the Agency and the
content of those regulations as set out in Article 67(2).
(l) Statement of reasons on which decisions are based
Article 75 of the Community Trade Marks Regulation currently provides that
decisions of OHIM 'shall state the reasons on which they are based. They shall
be based only on reasons or evidence on which the parties concerned have had
on opportunity to present their comments'. This is suggested to be amplified in
the proposed amending regulation by the replacement of Art 75 with the
following:
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Article 75
Form of decisions and communications of the Agency
1.
Decisions of the Agency shall state the reasons on which they are based. They shall
be based only on reasons or evidence on which the parties concerned have had an
opportunity to present their comments.
2.
Any decision, communication or notice from the Agency shall indicate the
department or division of the Agency as well as the name or the names of the
