Dr. Udo W. Herberth

Community Trademark Regulation Reform

25.01.2016

Amendments enter into force on March 23, 2016

  • New terminologies
    The Community Trademark will become the European Union Trademark.
    The Office for Harmonization in the Internal Market (OHIM) will become the European Union Intellectual Property Office (EUIPO).
    The Community Trademark Courts will become the European Union Trademark Courts.

  • New fees
    The reform also brought an overall decrease in the official fees. Additionally, it changed the basic fee system (covering 3 classes) to a one-fee-per-class payment system, as follows:

    Application:
    Until now: 900 EUR for the first 3 classes and 150 EUR for each additional class.
    After March 23, 2016: 850 EUR for the first class, 50 EUR for the second class and 150 EUR for each additional class.

    Renewal:
    Until now: 1350 EUR for the first 3 classes and 400 EUR for each additional class.
    After March 23, 2016: 850 EUR for the first class, 50 EUR for the second class and 150 EUR for each additional class.

  • Graphical representation is no longer required
    Until now the graphic representation of a sign was a requirement for its registration as a trademark. The removal of this requirement will allow the registration of unconventional trademarks (e.g. sound trademarks), as long as the scope of protection of the sign is clear and easily identifiable.

  • Classification
    The owners of trademarks filed before June 22, 2012 have until Sept 24, 2016 the possibility to clarify to the Office their original intention concerning the scope of protection if the trademark registration covers the class headings. In case no adjustment is required, the protection will be restricted only to the goods and services claimed. For further assistance concerning this matter, please do not hesitate to contact us.

  • New absolute grounds of refusal of a EU trademark
    According to the amending Regulation, a trademark application shall also be refused if its term identifies Protected Designation of Origin, Protected Geographic Indications or other European or international intellectual property title.

If you have any questions concerning the Reform and the Amending Regulation, please do not hesitate to contact us.

<- Back to: 新闻