1.

An EU trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings: where there is an earlier trade mark as referred to in Article 8(2) and the conditions set out in paragraph 1 or 5 of that Article are fulfilled; where there is a trade mark as referred to in Article 8(3) and the conditions set out in that paragraph are fulfilled; where there is an earlier right as referred to in Article 8(4) and the conditions set out in that paragraph are fulfilled; where there is an earlier designation of origin or geographical indication as referred to in Article 8(6) and the conditions set out in that paragraph are fulfilled.

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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.