[eu]cite

Home› Intellectual Property› MarkenG (EN)

Part 6 · Protection of trade marks in accordance with the Protocol Relating to the Madrid Agreement; European Union trade marks  ›  Chapter 2 · European Union trade marks › Section 125

Insolvency proceedings

(1) If the insolvency court is aware that a European Union trade mark applied for or registered is part of the insolvency estate, it shall request the European Union Intellectual Property Office in the direct course of trade to register

1.  the opening of the proceedings and, unless already contained therein, the order of a restriction on property transfers;

2.  the release or the sale of the European Union trade mark or of the application for the European Union trade mark;

3.  the final discontinuation of the proceedings; and

4.  the stay on the proceedings, in the case of the supervision of the debtor however only after termination of this supervision, and of a restriction on property transfers

in the Register of European Union trade marks or, if it is an application, in the files of the application.

(2) The entry in the Register of European Union trade marks or in the application files may also be requested by the insolvency administrator. In the case of debtor’s personal management (section 270 of the Insolvency Statute), the insolvency custodian shall take the place of the insolvency administrator.

←→ also move between sections