6-3-5 Filling the gaps

1. As regards the registration as trade marks of colours per se, the fact that the number of colours actually available is limited means that a small number of trade mark registrations for certain services or goods could e_h _ _ _ _   the entire range of colours available.

2. The Nice Classification was _ _ _   up with the aim of harmonising national classification practices.

3. Notice of opposition shall be filed within a period of three months which shall _ e _ _ _     one month following the date of the publication pursuant to Article 152(1).

4. Any party can then bring the extended cooling-off period to an _ _ _     (opt out) by expressly indicating this in writing.

5. Once the cooling-off period has e _ _ _ _ _ d   , the adversarial part of the proceedings b _ _ _ n _   .

6. A decision on costs is taken in opposition proceedings that have passed the cooling-off period, that is to say, where the adversarial part of the proceedings has s_ _ _ _ed   and come  _ _     _ _    end.

7. Third party observations shall be submitted before the end of the opposition period or, where an opposition against the trade mark has been filed, before the f_ _ _ _     decision on the opposition is taken.

8. The Office has a right to re-o _ _ _     the examination of absolute grounds on its own initiative any time before the final statement of grant of protection has been issued.

9. If the provisional refusal on the specification of goods and services and/or absolute grounds leads to a final refusal of protection for all goods and services or for those contested by the opposition, the opposition procedure is c _ _ _ _ d   without proceeding to a decision and the opposition fee is refunded.

10. Renewal shall take effect from the day following the date on which the existing registration ex_ _ _ _ _     ./strong

11. Where a designation of the Union through an international registration has been refused or c _ _ _ _ _   to have effect, the holder of the international registration may request the conversion of the designation of the Union.

12. The seniority claimed for the EU trade mark will l_ _ _ _     if the earlier trade mark the seniority of which is claimed is declared to be invalid or revoked.

13. The request for conversion is published only after the Office has c _m _ _ _ _ _ _   examination of it and found it to be in order.

14. National applications deriving from the conversion of an earlier EUTM (application) are considered to come into _ x _ _ _ _ _ _ e     as soon as a valid conversion request is filed.

15. When the surrender is entered in the Register, the European Union trade mark _ea _ e _   to exist and any proceedings involving the mark before the Office t _ _ _ _ _ _t_     .

16. Cancellation proceedings are never i_i_i _ _ _ _   by the Office itself.

17. Once the admissibility check has been _ _ _ _ _ _ted   , the Office will make an entry in the Register of the pending cancellation proceedings for the contested EUTM (Article 87(3)(n) EUTMR). This is to inform third parties about them. In parallel, the adversarial part of the proceedings is o_ _ _ _d   and the parties are invited to submit observations (and, if applicable, proof of use).

18. Where the applicant reacts to the proof of use by formally withdrawing its request for proof of use, the issue will no longer be relevant. As it is the applicant who sets in m_ _ _ _ _     the respective procedure, the applicant logically is in a position to b_ _ _ _     an end to this part of the proceedings by formally withdrawing its request.

19. The five-year grace period of an EUTM _ _mm _ _ _ _ _     from its entry in the Register of European Union trade marks.

20. Applicants have a right to appeal against a decision that _er_ _ _ _ t _ _   proceedings and that adversely affects them.