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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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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)
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
What do we NOT protect
• Patents
• Utility Models
• Copyright
• Internet Address
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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)
Office for Harmonization in the Internal Market (Trade Marks and Designs)
Individual applications with National PTOs
The National RouteIndividual fee for every National application
Translation Costs: Yes
Lawyer’s fees: ?
Protection according to national law
How to obtain Trade Mark or Design protection
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
How to obtain Trade Mark or Design protection
Office for Harmonization in the Internal Market (Trade Marks and Designs)
•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
How to obtain Trade Mark or Design protection
Office for Harmonization in the Internal Market (Trade Marks and Designs)
Where a CTM gives protection
Office for Harmonization in the Internal Market (Trade Marks and Designs)
OHIM SMEs in action
http://oami.europa.eu/ows/rw/pages/OHIM/multimedia/SME/SMEsinAction.en.do
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
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
Office for Harmonization in the Internal Market (Trade Marks and Designs)
Search for existing trade marks
www.tmview.europa.eu,
Office for Harmonization in the Internal Market (Trade Marks and Designs)
eCertificate
Office for Harmonization in the Internal Market (Trade Marks and Designs)
CTM Watch
Office for Harmonization in the Internal Market (Trade Marks and Designs)
WWW.OAMI.EUROPA.EU
Information: (+ 34) 965 139 100 (switchboard)
(+ 34) 965 139 400 (e-business technical incidents)
(+ 34) 965 131 344 (main fax)
Office for Harmonization in the Internal Market (Trade Marks and Designs)Avenida de Europa, 4E-03008 AlicanteSPAIN