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Question 1 of 1
1. Question
Now, look at the sentences below and match them with the first halves:
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- 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.
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1. ‘Opposition’ is a procedure that takes place before EUIPO when
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2. Under Council Regulation (EU) No 207/2009 of 26 February 2009 on the European Union trade mark (EUTMR), an opposition must
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3. The grounds on which an opposition may be based are called
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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),
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5. Such relative grounds objections are
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6. The responsibility is therefore on the earlier right owner to
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7. When an admissible opposition is filed within a prescribed time limit and the relevant fee has been paid,
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8. After considering these observations, and if agreement has not been reached between the parties,
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9. If the opposition is not well founded,
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10. If the EUTM application is not totally rejected, and provided there are no other oppositions pending,