European Union Intellectual Property Office (EUIPO)
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&p[summary]=On March 26, 2016 the Office for Harmonization in the Internal Market (OHIM) became the European Union...)
On March 26, 2016 the Office for Harmonization in the Internal Market (OHIM) became the European Union Intellectual Property Office (EUIPO) when the Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (hereinafter referred to as "Regulation") came into force.
The new Regulation introduced several changes and amendments to the previous system, which was carried out by the OHIM. For instance, one of the most obvious differences is that Community Trademarks (CTMs) are now called European Union Trademarks. In addition to the name change the Regulation has also established several adjustments in their interpretation in order to avoid the possibility of broadening the amount of protected marks to goods and services in a way that only the use of literal meaning of the determined goods and services within the Regulation is carried out. Consequently, the owners of the CTMs that are currently in registration process are under the obligation, if necessary, to amend their goods and services recitations within the next six months in order to evade the possibility of the loss of rights.
One more important change has been made in the payment system of trademarks, which is laid out in the Annex I of the Regulation. For example, since this Regulation the application fees are reduced for a single class, but increased in case of the application for three or more classes of goods and services if comparing to the fees under OHIM price system. What is more, also the renewal fees are reduced.
Currently, the fees for the application for a European Union Trade Marks are as follows:
- For an individual EU trade mark: EUR 1000
- For an individual EU trade mark electronically: EUR 850
- For the second class for an individual EU trade mark: EUR 50
- For each class exceeding two or more for and individual EU trade mark: EUR 150
Furthermore, within this Regulation there have been made several improvements regarding the anti-counterfeiting. For instance, from now on in case of the registration of similar name that is likely to cause the confusion, it will constitute an infringement. Additionally, the opposition of trade marks is made quicker, the cancellation is more efficient, and it is possible to challenge the owners of the trademarks that have not been used for five years after the registration. There are also more beneficial provisions that protect the owners of the marks that have a significant reputation, and many others.
To see the full text of the new Regulation, please press here.
To find out more about EU Trade Marks and the European Union Intellectual Property Office, please contact our English speaking solicitors at info@gencs.eu.
T: +371 67 240 090
F: +371 67 240 091