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Rules for the Sunrise period-a registered trade mark
Taken verbatim from "rules for the Sunrise"-chapter in.
Available from EURid (Sunrise rules-en version).
CHAPTER IN THE VALIDATION OF PRIOR RIGHTS
Part 13. Registered trade mark
1. General
- (i) if the priority which the applicant applies a registered trade mark, the trade mark shall be registered at the Office for a trade mark in one of the Member States, the Office for the trade mark in the Benelux countries or of the Office for harmonisation in the internal market (OHIM), or must be registered internationally and protection must be obtained in at least one of the Member States of the European Union.
- (ii) the application of the trade mark shall not be deemed a prior right.
2. DOCUMENTARY EVIDENCE for REGISTERED TRADE MARK
If it is not in annex 1 to these rules unless otherwise noted, just for registered trade mark to submit the following documentary evidence:
- (i) a copy of an official document issued by the competent Office for trade marks and in which it is stated, that is a registered trademark (certificate of registration, certificate of renewal, an official extract from the register, the Declaration of the Office for the registration of a trade mark, the publication in the official journal, etc.); or
- (ii) an extract from the official (on-line) database, which operates and/or manages the relevant national Office for trade marks Office for a trade mark in the Benelux countries, OHIM or WIPO. Extracts from commercial databases are not acceptable, even if they contain exactly the same information as official statements.
In the above cases, the documentary evidence clearly show that the applicant is the relation to the owner of the registered trade mark.
In the event that the applicant has acquired the registered trade mark, which is listed in section 13 of the 1 above, on the basis of licences or transfer of, the provisions of section 20 of these rules.
