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Similarly, a universal succession exists in cases of a merger of two enterprises.
Where the transfer is due to a merger or another universal succession, the original proprietor will not be available to sign the request.
The concept of universal succession means that heirs enter into the legal position regarding property rights of the testator by law.
Through universal succession, Die Erste was subrogated into all the rights and obligations of GiroCredit.
In these cases, the request must be accompanied by such supporting documents as are necessary to prove the merger or universal succession, such as extracts from the trade register etc.
In the case of death of the proprietor of a CTM registration or application, the heirs will become proprietors of the registration or application by way of universal succession.
However, the status of an opponent passes to, i.e. is transmitted to, the opponent's universal successor in law in the case of a universal succession, such as for example in the case of a merger of two companies.
Paragraph 2 shall not apply to a person who acquires the registered Community design or a right concerning the registered Community design by way of transfer of the whole of the undertaking or by any other universal succession.
A merger carried out as laid down in point (b) of the first indent of Article 1 shall, from the date referred to in Article 9, have the following consequences: (a) all the assets and liabilities of the merging companies are transferred, by way of universal succession, to the new company; 2.