Office for Harmonization in the Internal Market (Trade Marks and Designs) International and...

Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

International and Regional IPR Mechanism for Improving the Access to the Global Market

The Community Trade Mark and Community Design System

Beate Schmidt – Director Cancellation and Litigation Department (OHIM)

International Concention on Intellectual Property of MSMSES

Rome, 10th and 11th December 2009

Office for Harmonization in the Internal Market (Trade Marks and Designs) What is OHIM

European Agency in Alicante, Spain


Legal Basis

• Council Regulation EC No 40/94, consolidated version no 207/2009 of 26 February 2009 on the Community Trade Mark– CTMR

• Council Regulation EC No 6/2002 of 12 December 2001 on Community Designs - CDR

• Implementing Regulations – Commission Regulation(EC) No 2869/95 of 13

December 1995 (CTMIR) and

– Commission Regulation no 2245/2002 of 21 October 2002 (CDIR)


What do we protect

• CTM and RCD are the Gateway to the single market

• OHIM is the one stop shop for registered rights that are valid throughout the European Union of 27 countries and almost 500 million people


What do we protect

• Trade Marks– Signs which distinguish the goods or services of

one enterprise from those of another

– Signs which can be represented graphically, particularly words, designs, letters, numerals, the shape of goods or of their packaging, colours, sounds

• Designs– the appearance of the whole or a part of a

product resulting from the features of the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation


What do we NOT protect

• Patents

• Utility Models

• Copyright

• Internet Address


How to obtain Trade Mark or Design protection

Three alternative routes allow companies to obtain titles for protection of trade marks & designs within the EU

– The National Route (NPOs)– The International Route (Madrid or Hague via WIPO)– The Community Route (OHIM)


Individual applications with National PTOs

The National RouteIndividual fee for every National application

Translation Costs: Yes

Lawyer’s fees: ?

Protection according to national law



Individual fees to be paid to designated National Offices

Each right subject to the national laws of the designated country

Translation Costs

(EN,FR,ES)

Lawyer’s fees?

A single fee to WIPO

A ‘bundle’ of rights’ is granted

The International Route via Madrid

Prior national right necessary



•Austria•Belgium•Bulgaria •Czech Republic•Cyprus•Denmark•Estonia•Finland•France•Germany•Greece•Hungary•Ireland•Italy•Latvia•Lithuania•Luxembourg•Malta•Poland•Portugal•Romania •Slovak Republic•Slovenia•Spain•Sweden•The Netherlands•United Kingdom

1 registration procedurein any of the 21 languages of the EU

1 registration office: OHIM

1 court of law

The Community Route

1 fee (no translation costs)

1 right valid throughout 27 countries (unitary right)

Alicante



Where a CTM gives protection


OHIM SMEs in action

http://oami.europa.eu/ows/rw/pages/OHIM/multimedia/SME/SMEsinAction.en.do


Who can apply?

• CTM and RCD application can be filed by any natural and legal person

• No representative is necessary for applicants with domicile or principal place of business in the EU

• Applicants from outside the EU need a representative domiciled in the EU


What does it cost

• CTM– 1050 € for 3 classes, any extra class 150 €

– 150 € reduction for e-filing: 900 €

• RCD– 350 € (230 € registration and 120 € publication

fee). Multiple applications reduce the costs


CTM• Protection:

– 10 years from the filing date – CTM enforceable as from publication of the

registration

• Renewal: – Every 10 years, provided that the renewal fees are

paid (indefinitely possible!)

• Renewal fees: • 1500 EUR paper renewal• 1350 EUR e - renewal

How long is valid


How long is valid

Design• Protection:

– 5 years from the filing date

• Renewal:– One ore several times for 5 years up to a

maximum of 25 years

• Renewal fees:– Individual renewal fee between 90 to 180 €,

depending on the period of renewl


Application is E-asy

Information• http://oami.europa.eu/ows/rw/pages/index.en.do

SMEs in action• http://oami.europa.eu/ows/rw/pages/OHIM/

multimedia.en.do

E-filing• https://secure.oami.europa.eu/ctm/efiling/

displayform.htm?result=init&reloadable=YES&lang=EN


Application is E-asy

• CTM and RCD Application• Payment (in connection with e-filing only)• CTM and RCD renewal• Filing of an opposition (filing of documents under

development)

• Online Access to files (OAF, for all published CTMs)

• Search in CTM-online, RCD Online Databases• Search for a representative (FindRep)• Database of decisions


Search for existing trade marks

www.tmview.europa.eu,


eCertificate


CTM Watch


WWW.OAMI.EUROPA.EU

Information: (+ 34) 965 139 100 (switchboard)

(+ 34) 965 139 400 (e-business technical incidents)

(+ 34) 965 131 344 (main fax)

[email protected]

[email protected]

Office for Harmonization in the Internal Market (Trade Marks and Designs)Avenida de Europa, 4E-03008 AlicanteSPAIN

Office for Harmonization in the Internal Market (Trade Marks and Designs) International and...

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