5.

The use of an EU trade mark as referred to in paragraph 1 may be prohibited pursuant to Articles 137 and 138, if the earlier trade mark or other earlier right was registered, applied for or acquired in good faith in the new Member State prior to the date of accession of that State; or, where applicable, has a priority date prior to the date of accession of that State.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as consolidated on 2025-12-01; changes after this date are not shown.