As some readers of Class 46 will know, the European Commission is about to embark upon a comprehensive study of the trade mark systems in Europe. MARQUES (through former Chairman Tove Graulund) is closely following it.

Here is a link to the full text of a joint letter that MARQUES has recently sent to Dr Margot Fröhlinger, Director, Knowledge-Based Economy, DG Internal Market, with regard to the review. The other signatory organisations are (in alphabetical order) AIM, Business Europe, ECTA and INTA. The main thrust of the content of this letter reads as follows:

"CTM users should be fully involved

We reiterate our common view that user organisations should continue to be consulted throughout the process, as users are the driving force of the trade mark systems and will be significantly affected by the outcome of the study and any resulting changes to these systems. We look forward to remaining fully engaged in this process, and in turn offer the European Commission any support or feedback it may request throughout the various upcoming stages of the study and subsequent implementation.

The study should be comprehensive and wide-ranging

The outcome of the study, as we understand it, will have a significant impact on various levels, from identifying long-term joint cooperation projects between OHIM and national offices, determining ways for national offices to improve and strengthen the services offered to users, to potentially proposing multi-level legislative changes leading to fundamental changes in the trade mark systems in Europe. Given the quantity and complexity of issues to be considered, we stress that sufficient time should be allowed for this study. Its scope should be comprehensive and wideranging, covering, for example: the interaction of the Madrid System of WIPO with the CTM and national trade mark systems; harmonisation of practices; removal of unnecessary bureaucracy; transparency of the finances and financing of national offices; users’ perceptions of best practice. We also expect that proper processes will be put in place to ensure that legislative changes respond to legitimate expectations and deliver legal certainty.

Enforcement activities for OHIM and/or national offices to be very carefully considered

We understand that the study may also explore the possibility of national offices and OHIM participating in or coordinating certain anti-counterfeiting and enforcement activities. We welcome proposals to improve registration procedures at national offices because rights-holders need rapid, efficient and cost-effective registration procedures to protect their rights against infringements. Beyond this, moving into anti-counterfeiting work would be a significant departure from the current activities of trade mark offices bearing in mind the efforts already being undertaken by other institutions and law enforcement agencies. It would require a fundamental change of the mission of national offices, may not be an effective way to tackle the issue with quantifiable measures and could be counter-productive. A thorough analysis must be carried out before any conclusions can be reached.

Council request for renewal fee reduction should be explored in the context of a review of OHIM finances.

We ask the Commission to keep in mind that the Council, in its 2007 Conclusions calling for an immediate reduction of CTM fees, had instructed that a reduction in renewal fees also be explored along with a reduction of application and registration fees. While we are aware of the difficult negotiations which led to the September 2008 Conclusions of the OHIM Administrative Board and Budget Committee and the subsequent reduction of the application and registration fees, we believe that the forthcoming review should include an overall review of the financing of OHIM operations and of OHIM fees. This may lead to further fee reduction proposals, including the renewal fees which would benefit existing businesses, particularly SMEs.".