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Now, look at the sentences below and match them with the first halves:
- F. a third party, on the basis of earlier rights it holds, requests the Office to reject a European Union trade mark application (EUTM application) or international registration designating the EU.
- C. be based on rights held by the opponent in an earlier trade mark or other form of trade sign.
- E. ‘relative grounds for refusal’, and the relevant provisions are found in Article 8 EUTMR, which bears that title.
- A. relative grounds for refusal are inter partes proceedings based on likely conflict with earlier rights.
- J. not raised ex officio by the Office.
- G. be vigilant concerning the filing of EUTM applications by others which could clash with such earlier rights, and to oppose conflicting marks when necessary.
- B. the proceedings are managed by the Office’s specialist service (the Opposition Division) and will normally include an exchange of observations from both the opponent and the applicant (the ‘parties’).
- I. the Opposition Division will decide (in an appealable ‘Decision’) either to reject the contested application totally or in part or to reject the opposition.
- D. it will be rejected
- H. it will proceed to registration.
1. ‘Opposition’ is a procedure that takes place before EUIPO when
2. Under Council Regulation (EU) No 207/2009 of 26 February 2009 on the European Union trade mark (EUTMR), an opposition must
3. The grounds on which an opposition may be based are called
4. Unlike absolute grounds for refusal, which are examined ex-officio by the Office (and which may take into account third parties’ observations although third parties do not become parties to the proceedings),
5. Such relative grounds objections are
6. The responsibility is therefore on the earlier right owner to
7. When an admissible opposition is filed within a prescribed time limit and the relevant fee has been paid,
8. After considering these observations, and if agreement has not been reached between the parties,
9. If the opposition is not well founded,
10. If the EUTM application is not totally rejected, and provided there are no other oppositions pending,