New EU Trade Mark Regulation, These changes will come into force on 23 March 2016
The Amending Regulation was published on 24 December 2015 and is part of the EU trade mark reform legislative package that also includes the replacement of the existing EU Trade Mark Directive (Directive 2008/95/EC of the European Parliament and the Council).
- The Office for Harmonization in the Internal Market (OHIM) is to be renamed the EU Intellectual Property Office (EUIPO).
- The Community trade mark is now called the European Union trade mark.
- The Presidentof the equipment, will be named Executive Director.
- The MUE now you may only be lodged before the equipment, abolishing the possibility of submitting requests the old “Community Trade Mark” before the National Offices, who later were transferred from the application to the OHIM.
- The rate for the request of the EMU is to be paid at the moment of making your depositbefore the equipment, in order to prevent the abandonment of the request after the deadline of 3 months without that the applicant has paid the rate, as is currently the case.
Decrease in fees:
- The Amending Regulation introduces the following changes:
- a new one-fee-per-class system for application and renewal fees;
- an overall decrease in fees payable to the Office;
- the incorporation of the provisions of the CTM Fees Regulation into the basic regulation
- The system has changed from a basic fee that covers up to three classes of goods and services to a ‘pay-per-class’ system.
– The Community trade mark included protection for three classes, costing €900 for an electronic application and €1050 for a paper application. The Amending Regulation sees the Office move to a one-class-per-fee system. This means that in practice applicants pay a lower fee if they only apply for one class, the same fee if they apply for two, and a higher fee if they apply for three or more.
– Renewal fees are substantially reduced in all instances and set to the same level as application fees, and there are also reductions in opposition, cancellation and appeal fees.
– The amending Regulation also revises the fees payable to the Office, including an overall reduction in their amounts, particularly in the case of trade mark renewal fees (on 23.3.2016, the Office’s online application forms and fee calculator will be automatically updated to reflect the new system).
EMU AND NATIONAL TRADE MARK
1. The Amending Regulation removes the graphical representation requirement. This means that, from 01-10-2017, signs can be represented in any appropriate form using generally available technology, as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.
2. Sound marks. When you delete the requirement of graphical representation, and thus the only way to protect this subtype of mark and allows the requester to provide a computer file of sonic character that contains the reproduction that you want to protect. It is considered that this method is easier to understand than sounds or melody want to be protected.
News to procedural level
- Deletes the inclusion of bad faith as grounds for refusal relating to the hour of requesting a brand.
- The use of the general indications of the headings of the classes of the Nice Classification may be used if it is understood that cover the requirement of precision and clarity in the products or services that you want to protect the brand.
In those cases in which the Office understands that it complies with the precision and clarity required, it shall inform the applicant to modify your request. This change is suggested by the adaptation of the IP Translator (c-307/10)
- 6 months to regularize current records, in the absence of rectification, only remain with those indications of goods or services that are understood that are clear or precise.