Commission Regulation (EC) No 1042/2005 of 29 June 2005 amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (Text with EEA relevance)

• Published date: 05 July 2005
• Subject Matter: Taxation,Intellectual, industrial and commercial property
• Official Gazette Publication: Official Journal of the European Union, L 172, 05 July 2005

5.7.2005 EN Official Journal of the European Union L 172/22

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COMMISSION REGULATION (EC) No 1042/2005

of 29 June 2005

amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Article 139 thereof,

Whereas:

(1) According to the Regulation (EC) No 40/94, as implemented by Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (2), additional fees concerning search reports, division of a trade mark application or registration and continuation of proceedings should be established. The amounts of those new fees should be fixed.

(2) The search regime becomes optional from 10 March 2008 as provided for in Article 2 paragraph 2 of Council Regulation (EC) No 422/2004. From that date, the additional fee for national search reports should apply.

(3) Commission Regulation (EC) No 2869/95 (3) should therefore be amended accordingly.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2869/95 is amended as follows:

1.

the table in Article 2 is amended as follows: (a) the following point 1a is added: ‘1a. Search fee (a) for a Community trade mark application (Article 39(2), Rule 4(c) (b) for an international registration designating the European Community (Articles 39(2) and 150(2), Rule 10(2) The amount of EUR 12 multiplied by the number of central industrial property offices referred to in paragraph 2 of Article 39 of the Regulation; that amount, and the subsequent changes, shall be published by the Office in the Official Journal of the Office’ (b) point 6 is deleted; (c) in point 13 ‘Fee for each class of goods and services exceeding three for an individual mark’ is replaced by ‘Fee for the renewal of each class of goods and services exceeding three for an individual mark’; (

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