Traduction de «Dépôt d'opposition » (Français → Anglais) :

7 (1) A person who objects to an application for authorization filed pursuant to section 6 may, within sixty days after the application is filed, serve on the Minister a notice of objection in the form established by the Minister setting out the reason for the objection and any relevant facts.

1. In administrative opposition proceedings, where at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, upon request of the applicant the proprietor of the earlier trade mark who has given notice of opposition shall furnish proof that the earlier trade mark has been put to genuine use as provided for in Article 16 during the period of five years preceding the filing date or date of priority of the later trade mark, or that proper reasons for non-use existed.

The Court of Justice today finds that Budějovický Budvar was not obliged to provide, automatically, within that period evidence of renewal of its earlier mark even though the protection afforded by that mark expired between the date on which notice of opposition had been filed and the end of that period.

2. If the objection is based on the existence of an earlier trademark of reputation and renown, in accordance with Article 43(2) of Regulation (EC) No 479/2008, the objection shall be accompanied by proof of the filing, registration or use of that earlier trademark, such as the certificate of registration or proof of its use, and proof of its reputation and renown.

The date of submission of the objection to the Commission shall be the date on which the objection is entered in the Commission's mail registry.

(31) In order to ensure an effective, efficient and expeditious examination and registration of European trade mark applications by the Agency using procedures which are transparent, thorough, fair and equitable, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on the procedures related to the examination of compliance with the requirements on the filing date and with the formal conditions of an application, the procedures for verifying payment of class fees and the examination of absolute grounds for refusal, the details concerning the publication of the application, the procedures for correcting mistakes and errors in publications of a ...[+++]pplications, the details on the procedures related to third party observations, the details on the opposition procedure, the details on the procedures for filing and examining an opposition and those governing the amendment and division of the application, the particulars to be recorded in the Register when registering a European trade mark, the modalities of publication of the registration and the content and modalities of issue of a certificate of registration.