Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)

Author:Office for Harmonization in the Internal Market
Profession:European Commission
Pages:202-213
SUMMARY

Article 1 . General Article 2 . Fees provided for in the Regulation and Regulation (EC) No 2868/95 Article 3 . Charges laid down by the President . Article 4 . Due date for fees and charges . Article 5 . Payment of fees and charges . Article 6 . Currencies Article 7 . Particulars concerning payment Article 8 . Deemed date of payment Article 9 . Insufficiency of the amount paid Article 10 . Refund of insignificant amounts Article 11 . Individual fee for an international registration designating the European Community27 Article 12 . Individual fee for a renewal of an international registration designating the European Community Article 13 . Refund of fees following refusal of protection Article 14 Article 15. Entry into force Annex: Excerpt of Commission Regulation (EC) No 1687/2005 of 14 October 2005 Article 2

 
INDEX
CONTENT

Page 202

(OJ EC No L 303, 15.12. 995, p. 33) as amended by

Commission Regulation (EC) No 781/2004 of 26 April 2004 (applicable as of 1 October 2004) (OJ EC No L 123 of 27.4.2004, p. 85)

Commission Regulation (EC) No 1042/2005 of 29 June 2005 (partially applicable as of 25 July 2005 and partially applicable as of 10 March 2008) (OJ EC No L 172 of 5.7.2005, p. 22)

Commission Regulation (EC) No 1687/2005 of 14 October 2005 (as applicable on 22 October 2005) (OJ EC No L 271 of 15.10.2005, p. 14) Page 203

Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ EC No L 303 of 15.12.1995, p. 33) amended by:

Commission Regulation (EC) No 781/2004 of 26 April 2004 (OJ EC No L 123 of 27.4.2004, p. 85) (applicable as of 1 October 2004)

Commission Regulation (EC) No 1042/2005 of 29 June 2005 (OJ EC No L 172 of 5.7.2005, p. 22) (partially applicable as of 25 July 2005 and partially applicable as of 10 March 2008)

Commission Regulation (EC) No 1687/2005 of 14 October 2005 (OJ EC No L 271 of 15.10.2005, p. 14) (applicable as of 22 October 2005)

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 mark1, as amended by Regulation (EC) No 3288/942 and in particular Article 139 thereof,

Having regard to Commission Regulation (EC) No 2868/95 of 13 December 1995, implementing Council Regulation (EC) No 40/94 on the Community trade mark3,

Whereas Article 139 (3) of Regulation (EC) No 40/94 (hereinafter 'the Regulation') provides that the fees regulations shall be adopted in accordance with the procedure laid down in Article 141 of the Regulation;

Whereas Article 139 (1) of the Regulation provides that the fees regulations shall determine in particular the amount of the fees and the ways in which they are to be paid;

Whereas Article 139 (2) of the Regulation provides that the amounts of the fees shall be fixed at such a level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the Office for Harmonization in the Internal Market (trade marks and designs)4 ('the Office') to be balanced; Page 204

Whereas, however, in the Office's start-up phase, balance can be achieved only if there is a subsidy from the general budget of the European Communities, in accordance with Article 134 (3) of the Regulation;

Whereas the basic fee for the application for a Community trade mark shall include the amount which the Office must pay to each central industrial property office of the Member States for each search report provided by such offices in accordance with Article 39 (4) of the Regulation;

Whereas to ensure the necessary flexibility, the President of the Office ('the President') should be empowered, subject to certain conditions, to lay down the charges which may be payable to the Office in respect of services it may render, the charges for access to the Office's data bank and the making available of the contents of this data bank in machine- readable form, and to set charges for the sale of its publications;

Whereas, in order to facilitate the payment of fees and charges, the President should be empowered to authorize methods of payment which are additional to those explicitly provided for in this Regulation;

Whereas it is appropriate that the fees and charges payable to the Office should be fixed in the same currency unit as is used for the budget of the Office;

Whereas the budget of the Office is fixed in ecus;

Whereas, moreover, the fixing of these amounts in ecus avoids discrepancies that may result from exchange rate variations;

Whereas payments in cash should be made in the currency of the Member State where the Office has its seat;

Whereas the measures envisaged in this Regulation are in accordance with the opinion of the Committee established under Article 141 of the Regulation,

HAS ADOPTED THIS REGULATION:

Article 1 General

The following shall be levied in accordance with this Regulation:

(a) fees to be paid to the Office as provided for in the Regulation and in Regulation (EC) No 2868/95;

(b) charges laid down by the President pursuant to Article 3 (1) and (2).

Article 2 Fees provided for in the Regulation and Regulation (EC) No 2868/95

The fees to be paid to the Office under Article 1 (a) shall be as follows:

(in EUR)5

  1. 6 Basic fee for the application for an individual mark [Article 26(2), Rule 4(a)]

    900 Page 205

    1a.7

    Search fee

    (a) for a Community trade mark application (Article 39(2), Rule 4(c))

    The amount of 12 euros 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.

    1b. Basic fee for the application for an individual mark by electronic means [Article 26(2), Rule 4(a)]

    750

  2. Fee for each class of goods and services exceeding three for an individual mark [Article 26(2), Rule 4(a)]

    150

  3. Basic fee for the application for a collective mark [Article 26(2) and Article 64(3), Rule 4(a) and Rule 42]

    1300

  4. Fee for each class of goods and services exceeding three for a collective mark [Article 26(2) and Article 64(3), Rule 4(b) and Rule 42] 300

    (b) for an international registration designating the European Community (Articles 39(2) and 150(2), Rule 10(2)

  5. Opposition fee (Article 42 (3); Rule 18 (1)) 350

  6. 8 [deleted]

  7. Basic fee for the registration of an individual mark [Article 45, Rule 23(1)(a)] 850

  8. Fee for each class of goods and services exceeding three for an individual mark [Article 45, Rule 23(1)(b)]

    150

  9. Basic fee for the registration of a collective mark [Article 45, Rule 23(1)(a)] and Rule 42]

    1700

  10. Fee for each class of goods and services exceeding three for a collective mark [Article 45 and Article 64(3); Rule 23(1)(b) and Rule 42]

    300

  11. Additional fee for the late payment of the registration fee (point 2 of Article 140 (2), Rule 23 (3)) 25 % of the belated registration fee, subject to a maximum of 750 EUR Page 206

  12. Basic fee for the renewal of an individual mark [Article 47(1), Rule 30(2)(a)] 1500

    12a. Basic fee for the renewal for an individual mark by electronic means [Article 47(1), Rule 30(2)a)]

    1350

  13. Fee for the renewal of each class of goods and services exceeding three for an individual mark [Article 47(1), Rule 30(2)(b)]

    400

  14. Basic fee for the renewal of a collective mark [Article 47(1) and Article 64(3); Rule 30(2)(a) and Rule 42]

    3000

  15. Fee for for the renewal of each class of goods and services exceeding three for a collective mark [Article 47(1) and Article 64(3); Rule 30(2)(b) and Rule 42]

    800

  16. Additional fee for the late payment of the renewal fee or the late submission of the request for renewal (Article 47 (3), Rule 30 (2) (c)) 25% of the belated renewal fee, subject to a maximum of 1 500 EUR

  17. Fee for the application for revocation or for a declaration of invalidity (Article 55 (2), Rule 39 (2))

    700

  18. Appeal fee (Article 59, Rule 49 (1))

    800

  19. 9Fee for the application of restitutio in integrum (Article 78 (3))

    200

  20. 10Fee for the application11 for the conversion of a Community trade mark application or a Community trade mark (Article 109(1), also in conjunction with Article 154(1); Rule 45(2), also in conjunction with Rule 123(2))

    (a) into a national trade mark application

    (b) into a designation of Member States under the Madrid Agreement or the Madrid Protocol 200

    400

  21. 13Fee for the declaration of division of a registered Community trade mark (Article 48a (4)) or an application for a Community trade mark (Article 44a (4)): 250

  22. 12Fee for continuation of proceedings (Article 78a (1)) Page 207

  23. 14Fee for the application for the registration of a license or another right in respect of a registered Community trade mark (point 5 of Article 157(2), Rule 33(1)) or an application for a Community trade mark (point 6 of Article 157(2), Rule 33(4):

    1. grant of a licence

    2. transfer of a licence

    3. creation of a right in rem

    4. transfer of a right in rem

    5. levy of execution

    200 EUR per registration, but, where multiple requests are submitted in the same application or at the same time, not to exceed a total of 1 000 EUR

  24. Fee for the cancellation of the registration of a licence or other right (point 7 of Article 140 (2), Rule 35 (3))

    200 EUR per cancellation, but, where multiple requests are submitted in the same application or at the same time, not to exceed a total of 1 000 EUR

  25. Fee for the alteration of a registered Community trade mark (point 8 of Article 140 (2), Rule 25 (2))

    200

  26. Fee for the issue of a copy of the application for a Community trade mark (point 12 of Article 140 (2), Rule 89 (5)), a copy of the certificate of registration (point 3 of Article 140 (2), Rule 24 (2), or an extract from the register (point 9 of Article 140 (2), Rule 84 (6))

    1. uncertified copy or extract 10

    30

  27. Fee for the issue of copies of file documents (point 11 of Article 140 (2) no 11, Rule 89 (5))

    30

    1. uncertified copy

      10 EUR

    2. certified copy

      30 EUR

      plus per page, exceeding 10

      1 EUR Page 208

    3. certified copy or extract

  28. Fee for the inspection of the files (point 10 of Article 140 (2) No 10, Rule 89 (1))

    207

  29. 15Fee for the communication of information in a file (point 13 of Article 140 (2), Rule 90)

    10

  30. Fee for the review of the determination of the procedural costs to be refunded (point 14 of Article 140 (2), Rule 94 (4))

    100

  31. 16 Fee for the filing of an international application at the Office (Article 142(5)) 300

Article 3 Charges laid down by the President
  1. The President shall lay down the amount to be charged for any services rendered by the Office other than those specified in Article 2.

  2. The President shall lay down the amount to be charged for the Community Trade Marks Bulletin and the Official Journal of the Office as well as any other publications issued by the Office.

  3. The amounts of the charges shall be laid down in EUR.

  4. The amounts of the charges laid down by the President in accordance with paragraphs 1 and 2 shall be published in the Official Journal of the Office.

Article 4 Due date for fees and charges
  1. Fees and charges in respect of which the due date is not specified in the Regulation or in Regulation No 2868/95 shall be due on the date of receipt of the request for the service for which the fee or the charge is incurred.

  2. The President may decide not to make services mentioned in paragraph 1 dependent upon the advance payment of the corresponding fees or charges.

Article 5 Payment of fees and charges
  1. Fees and charges due to the Office shall be paid

    (a) by payment or transfer to a bank account held by the Office,17

    (b)18[deleted]

    (c)19[deleted] Page 209

  2. The President may allow methods of payment other than those set out in paragraph 1, in particular by means of deposits in current accounts held with the Office.20

  3. Determinations made pursuant to paragraph 2 shall be published in the Official Journal of the Office.

Article 6 Currencies

All21 payments, including by any method of payment allowed by the President pursuant to Article 5(2), shall be made in EUR.

Article 7 Particulars concerning payment
  1. Every payment must indicate the name of the person making the payment and must contain the necessary information to enable the Office to establish immediately the purpose of the payment. In particular, the following information shall be provided:

    (a) when the application fee is paid, the purpose of the payment, namely 'application fee';

    (b) when the registration fee is paid, the file number of the application which is the basis for the registration and the purpose of the payment, namely 'registration fee';

    (c) when the opposition fee is paid, the file number of the application and the name of the applicant for the Community trade mark against which opposition is entered, and the purpose of the payment, namely 'opposition fee';

    (d) when the revocation fee and the invalidity fee are paid, the registration number and the name of the proprietor of the Community trade mark against which the application is directed, and the purpose of the payment, namely 'revocation fee' or 'invalidity fee'.

  2. If the purpose of the payment cannot immediately be established, the Office shall require the person making the payment to notify it in writing of this purpose within such period as it may specify. If the person does not comply with this request in due time, the payment shall be considered not to have been made. The amount which has been paid shall be refunded.

Article 8 Deemed date of payment
  1. The date on which any payment shall be considered to have been made to the Office shall be as follows:

    (a) in the cases referred to in Article 5 (1) (a), the date on which the amount of the payment or of the transfer is actually entered in a bank account held by the Office;

    (b)22[deleted] Page 210

    (c)23[deleted]

  2. Where the President allows, in accordance with the provisions of Article 5 (2), other methods of paying fees than those set out in Article 5 (1), he shall also lay down the date on which such payments shall be considered to have been made.

  3. Where, under the provisions of paragraphs 1 and 2, payment of a fee is not considered to have been made until after the expiry of the period in which it was due, it shall be considered that this period has been observed if evidence is provided to the Office that the person who made the payment -

    (a) in a Member State, within the period within which the payment should have been made:

    (i)24[deleted]

    (ii) duly gave an order to a banking establishment to transfer the amount of the payment; or

    (iii)25[deleted)

    (b) paid a surcharge of 10 % on the relevant fee or fees, but not exceeding EUR 200; no surcharge is payable if a condition according to subparagraph (a) has been fulfilled not later than 10 days before the expiry of the period for payment.

  4. The Office may request the person who made the payment to produce evidence as to the date on which a condition according to paragraph 3 (a) was fulfilled and, where required, to pay the surcharge referred to in paragraph 3 (b), within a period to be specified by it. If the person fails to comply with this request or if the evidence is insufficient, or if the required surcharge is not paid in due time, the period for payment shall be considered not to have been observed.

Article 9 Insufficiency of the amount paid
  1. A time limit for payment shall, in principle, be considered to have been observed only if the full amount of the fee has been paid in due time. If the fee is not paid in full, the amount which has been paid shall be refunded after the period for payment has expired.

  2. The Office may, however, in so far as this is possible within the time remaining before the end of the period, give the person making the payment the opportunity to pay the amount lacking or, where this is considered justified, overlook any small amounts lacking without prejudice to the rights of the person making the payment.

Article 10 Refund of insignificant amounts
  1. 26 Where an excessive sum is paid to cover a fee or a charge, the excess shall not be refunded if the amount is insignificant and the party concerned has not expressly requested a refund. The President shall determine what constitutes an insignificant amount. Page 211

  2. Determinations by the President pursuant to paragraph 1 shall be published in the Official Journal of the Office.

Article 11 Individual fee for an international registration designating the European Community27
  1. The applicant for an international application designating the European Community shall be required to pay to the International Bureau an individual fee for the designation of the European Community in accordance with Article 8(7) of the Madrid Protocol.

  2. The holder of an international registration who files a request for territorial extension designating the European Community made subsequently to the international registration shall be required to pay to the International Bureau an individual fee for the designation of the European Community in accordance with Article 8(7) of the Madrid Protocol.

  3. The amount of the fee under paragraph 1 or 2 shall be the equivalent in Swiss Francs, as established by the Director General of the World Intellectual Property Organization pursuant to Rule 35(2) of the Common Regulations under the Madrid Agreement and Protocol, of the following amounts:

  1. for an individual mark: EUR 1450 plus, where applicable, EUR 300 for each class of goods or services exceeding three;

  2. for a collective mark as referred to in Rule 121(1) of Commission Regulation (EC) No 2868/95: EUR 2700 plus, where applicable, EUR 600 for each class of goods or services exceeding three.28

Article 12 Individual fee for a renewal of an international registration designating the European Community
  1. The holder of an international registration designating the European Community shall be required to pay to the International Bureau, as a part of the fees for a renewal of the international registration, an individual fee for the designation of the European Community in accordance with Article 8(7) of the Madrid Protocol.

  2. The amount of the fee referred to in paragraph 1 shall be the equivalent in Swiss Francs, as established by the Director General of the World Intellectual Property Organization pursuant to Rule 35(2) of the Common Regulations under the Madrid Agreement and Protocol, of the following amounts:

  1. for an individual mark: EUR 1200 plus EUR 400 for each class of goods and services contained in the international registration exceeding three;

  2. for a collective mark as referred to in Rule 121(1) of Commission Regulation (EC) No 2868/95: EUR 2700 plus EUR 800 for each class of goods and services contained in the international registration exceeding three.29 Page 212

Article 13 Refund of fees following refusal of protection
  1. Where the refusal is for all the goods and services contained in the designation of the European Community, the amount of the fee to be refunded pursuant to Article 149(4) or Article 151(4) of the Council Regulation (EC) No 40/94 shall be

    1. for an individual mark: EUR 850 plus EUR 150 for each class of goods and services contained in the international registration exceeding three;

    2. for a collective mark: EUR 1700 plus EUR 300 for each class of goods and services contained in the international registration exceeding three.30

  2. Where the refusal is for only part of the goods and services contained in the designation of the European Community, the amount of the fee to be refunded pursuant to Article 149(4) or Article 151(4) of the Regulation shall be equivalent to 50 % of the difference of the class fees payable under Article 11(3) and the class fees that would have been payable under Article 11(3) of this Regulation if the designation of the European Community had included only those goods and services for which the international registration remains protected in the European Community.

  3. 31The refund shall be made once the communication to the International Bureau pursuant to Rule 113(2) (b) and (c) or Rule 115 (5) (b), (c) and (6) of Regulation (EC) No 2868/95 has been issued.

  4. The refund shall be made to the holder of the international registration or his representative.

Article 14

Articles 1 to 10 do not apply to the individual fee which is to be paid to the International Bureau.

Article 15 Entry into force

This 32 Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.33

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 December 1995.

For the Commission

Mario Monti

Member of the Commission Page 213

Annex: Excerpt of Commission Regulation (EC) No 1687/2005 of 14 October 2005

Amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with regard to adapting certain fees

(OJ EC No L 271 of 15.10.2005, p. 14)

Article 2

If the amounts of the fees described in articles 2, 11 and 12 change, the following transitional rules shall apply

"1. The amount of the application fee for Community trade marks, including, where applicable, fees for classes, shall be that which is laid down by the Regulation in force at the time that the application is filed in accordance with Article 25(1)(a) or (b) of Regulation (EC) No 40/94.

  1. The amount of the registration fee for Community trade marks, including, where applicable, class fees, shall be that which is laid down by the Regulation in force at the time that the notification described in Rule 23(2) of Regulation (EC) No 2868/95 is sent.

  2. The amount of the fee to be paid for submitting any other application or for initiating any other act shall be that which is laid down by the Regulation in force at the time of payment.

  3. The amount of the fees provided for in Articles 11 and 12 shall be fixed in accordance with the common regulations under the Madrid agreement concerning the international registration of marks and the Protocol relating to that agreement."

--------------------------

[1] OJ No L 11, 14.1.1994, p. 1

[2] OJ No L 349, 31.12.1994, p. 83

[3] OJ No L 303, 15.12.1995, p. 1

[4] See footnote to Art. 2 CTMR

[5] References to euros amended by Commission Regulation (EC) No 781/2004 of 26.4.2004

[6] Point 1b and point 12a added, and the amounts mentioned in points 1-4, 7-10 and 12-15 reduced, by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[7] Inserted by Commission Regulation (EC) No 1042/2005 of 29.6.20005. Applies as from 10 March 2008

[8] Deleted by Commission Regulation (EC) No 1042/2005 of 29.6.20005

[9] Amended by Commission Regulation (EC) No 1042/2005 of 29.6.20005 (amount unchanged)

[10] Inserted by Commission Regulation (EC) No 781/2004 of 26.4.2004

[11] Amended by Commission Regulation (EC) No 1042/2005 of 29.6.20005

[12] Inserted by Commission Regulation (EC) No 1042/2005 of 29.6.20005

[13] Inserted by Commission Regulation (EC) No 1042/2005 of 29.6.20005

[14] Amended by Commission Regulation (EC) No 1042/2005 of 29.6.20005

[15] Amended by Commission Regulation (EC) No 1042/2005 of 29.6.20005

[16] Inserted by Commission Regulation (EC) No 781/2004 of 26.4.2004

[17] See Communication No 11/02 of the President of the Office of 11.10.2002, OJ OHIM 2003, 21

[18] Deleted by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[19] Deleted by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[20] See Decision No EX-96-1 of the President of the Office of 11.1.1996, OJ OHIM 1996, 49, as last amended by Decision No EX-06-1 of 12.1.2006, OJ OHIM 2006, 325, reproduced on page 307, Communication No 5/96 of the President of the Office of 5.8.1996, OJ OHIM 1996, 1461, reproduced on page 312 and Communication No 5/01 of the President of the Office of 29.6.2001, OJ OHIM 2001, 1635

[21] Amended by Commission Regulation (EC) No 781/2004 of 26.4.2004

[22] Deleted by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[23] Deleted by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[24] Deleted by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[25] Deleted by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[26] See Decision No EX-03-6 of the President of the Office of 20.1.2003, OJ OHIM 2003, 877 (amount was fixed at 15 euro)

[27] Articles 11 - 14 added by Commission Regulation (EC) No 781/2004 of 26.4.2004

[28] Subparagraphs a) and b) amended by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[29] Subparagraphs a) and b) amended by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[30] Subparagraphs a) and b) amended by Commission Regulation (EC) No 1687/2005 of 14.10.2005

[31] Amended by Commission Regulation (EC) No 1042/2005 of 29.6.2005

[32] Renumbering by the Editor

[33] Date of entry into force: 22.12.1995