EU Trade Mark Regulation
Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation has been published in the Official Journal of the European Union. The Amending Regulation will enter into force on 23 March 2016.
1. From that day, the Office will be referred to as
European Union Intellectual Property Office (EUIPO) , the Community trade mark as
European Union trade mark.
On that date all existing CTMs and CTM applications will automatically become European Union trade marks and European Union trade mark applications, respectively.
2. The amending Regulation also revises the fees payable to the Office, including an overall reduction in official fees, particularly in the case of trade mark renewal fees.
A key change in the fee structure of the EUIPO is that the official filing and renewal fee, respectively, does not necessarily cover three classes. In detail this means:
|
E-filing |
|
| Classes |
Current OHIM fee(EUR) |
New EUIPO fee (EUR) |
| 1 |
900 |
850 |
| 2 |
900 |
900 |
| 3 |
900 |
1050 |
| any further class |
150 |
150 |
|
E-renewal |
|
| Classes |
Current OHIM fee(EUR) |
New EUIPO fee (EUR) |
| 1 |
1350 |
850 |
| 2 |
1350 |
900 |
| 3 |
1350 |
1050 |
| any further class |
400 |
150 |
3. The third important change is the implementation of ECJ-decision IP-Translator C-307/10 in respect to marks registered before 22 June 2012.
Before 22 June 2012 class headings were deemed to cover all goods/services in this class. This view was abandoned with the IP-Translator decision; only goods/services clearly covered by the literal meaning of the indications in the class headings are deemed to be protected.
Proprietors of EU trade marks applied for before 22 June 2012 which are registered in respect of one or more class headings may, between 23 March 2016 and 23 September 2016, declare that their intention on the date of filing had been to seek protection in respect of goods/services beyond those covered by the literal meaning of that class (provided these goods/services are included in the complete alphabetical list for this class in the edition of the Nice Classification in force at the date of filing.)
This declaration shall indicate, in a clear, precise and specific manner, the goods/services, other than those clearly covered by the literal meaning of the indications of the class heading. If applicable, we will gladly assist you with respective re-wordings. Furthermore, the Amending Regulation includes provisions for safeguarding the rights of third parties which shall prevent that such amendments in the registrations affect the rights of competitors acquired in good faith.
EU trade marks for which no declaration regarding the scope of the class heading is filed shall be deemed to extend, as from the expiry of the relevant period, only to goods or services clearly covered by the literal meaning of the indications included in the heading of the relevant class.
In the run up to the change of name of the office, it is important to be particularly attentive if you receive unsolicited mail requesting payment for trade mark and design services. The office never sends to you, as our clients, invoices or letters requesting direct payment for services. All official fees are deducted from our firm's current account and are then billed from us to you.