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Part 6 · Protection of trade marks in accordance with the Protocol Relating to the Madrid Agreement; European Union trade marks  ›  Chapter 1 · Protection of trade marks in accordance with the Protocol Relating to the Madrid Agreement › Section 115

Invalidation

(1) For international registrations, the request or the action for invalidation shall take the place of the application (section 49) or the action (section 55) for revocation of a trade mark or the application for a declaration of invalidity because of absolute grounds for refusal (section 50) or the application or the action for a declaration of invalidity because of the existence of earlier rights (section 51).

(2) In the case of the request or the action for invalidation for non-use in accordance with section 49 (1) or section 55,

1.  the date on which the procedure of extension of protection was concluded or

2.  the date on which the time limit contained in Article 5 (2a) of the Protocol Relating to the Madrid Agreement expired if at that time neither a statement of grant of protection nor a notification of provisional refusal of protection has been received by the International Bureau of the World Intellectual Property Organization

shall take the place of the date from which opposition to the trade mark is no longer possible.

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