3.
An EU trade mark may not be declared invalid where the proprietor of a right referred to in paragraph 1 or 2 consents expressly to the registration of the EU trade mark before submission of the application for a declaration of invalidity or the counterclaim.
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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.