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WEDNESDAY, 27 MARCH 2013
EU proposal for new fee structure for CTMs and national marks
The European Commission suggests a revision of the fee system for CTMs and national marks. Sold as a "reduction" of the fees, the aim is to lower the fee for an application covering only a single Nice class. Instead of the lowest fee covering three classes as currently practiced by the OHIM and many intellectual property offices of the member states, the lowest fee only covers one class, and each additional class costs extra. The suggested fees can be read from the table below.
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EU proposal for new fee structure for CTMs and national marks
The European Commission suggests a revision of the fee system for CTMs and national marks. Sold as a "reduction" of the fees, the aim is to lower the fee for an application covering only a single Nice class. Instead of the lowest fee covering three classes as currently practiced by the OHIM and many intellectual property offices of the member states, the lowest fee only covers one class, and each additional class costs extra. The suggested fees can be read from the table below.
|
Current |
New |
||
|
Application fee |
900 (3 classes) |
775 (1 class) |
|
|
Class fees |
2nd class |
-- |
50 |
|
3rd class |
-- |
75 |
|
|
4th and subs. classes |
150 |
150 |
|
|
Total amounts |
App. fee (1 class) |
900 |
775 |
|
App. fee (2 classes) |
900 |
825 |
|
|
App. fee (3 classes) |
900 |
900 |
|
|
Renewal fee |
1350 (3 classes) |
1000 (1 class) |
|
|
Class fees |
2nd class |
-- |
100 |
|
3rd class |
-- |
150 |
|
|
4th and subs. classes |
400 |
300 |
|
|
Total amounts |
Renewal fee (1 class) |
1350 |
1000 |
|
Renewal fee (2 classes) |
1350 |
1100 |
|
|
Renewal fee (3 classes) |
1350 |
1250 |
|
As can be gleaned from the table, the fees are only lower for applications covering less than three classes (okay, the renewal fee is also slightly lower for three classes). This is sold as a "SME friendly" change. As mentioned, the EU wants to impose this regime also on the national offices, via the directive. I could imagine some resistance. The proposed change of the directive will be sent to the European Parliament and the Council for adoption under the codecision procedure. The proposed change in the OHIM Fee Regulation will be adopted by the Commission as an implementing act and therefore requires prior endorsement by the competent Committee on OHIM fees. The change of the OHIM fees could take effect by the end of this year, the change of the directive by spring 2014 (inshallah proviso applies), with a two year delay for the member states for implementation.
Posted by: Mark Schweizer @ 22.11Modernisation of the European Trade Mark System – Frequently Asked Questions
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