Office for Harmonization in the Internal Market (Trade Marks and Designs) International and Regional IPR Mechanism for Improving the Access to the Global Market The.

Transcript Office for Harmonization in the Internal Market (Trade Marks and Designs) International and Regional IPR Mechanism for Improving the Access to the Global Market The.

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

International and Regional IPR Mechanism for Improving the Access to the Global Market

The Community Trade Mark and Community Design System

Beate Schmidt – Director Cancellation and Litigation Department (OHIM ) International Concention on Intellectual Property of MSMSES Rome, 10 th and 11 th December 2009

WWW.OAMI.EUROPA.EU

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

European Agency in Alicante, Spain

What is OHIM

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

Legal Basis

• Council Regulation EC No 40/94, consolidated version no 207/2009 of 26 February 2009 on the Community Trade Mark – CTMR • Council Regulation EC No 6/2002 of 12 December 2001 on Community Designs - CDR • Implementing Regulations – Commission Regulation(EC) No 2869/95 of 13 December 1995 (CTMIR) and – Commission Regulation no 2245/2002 of 21 October 2002 (CDIR)

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

What do we protect

• CTM and RCD are the Gateway to the single market • OHIM is the one stop shop for registered rights that are valid throughout the European Union of 27 countries and almost 500 million people

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

What do we protect

• Trade Marks – Signs which distinguish the goods or services of one enterprise from those of another – Signs which can be represented graphically, particularly words, designs, letters, numerals, the shape of goods or of their packaging, colours, sounds • Designs – the appearance of the whole or a part of a product resulting from the features of the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation

Office for Harmonization in the Internal Market

(Trade Marks and Designs) • Patents • Utility Models • Copyright • Internet Address

What do we NOT protect

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

How to obtain Trade Mark or Design protection

Three alternative routes allow companies to obtain titles for protection of trade marks & designs within the EU – The National Route (NPOs) – The International Route (Madrid or Hague via WIPO) – The Community Route (OHIM)

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

How to obtain Trade Mark or Design protection

Individual applications with National PTOs

The National Route

Individual fee for every National application Translation Costs: Yes Protection according to national law Lawyer’s fees: ?

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

How to obtain Trade Mark or Design protection

The International Route via Madrid

A single fee to WIPO Individual fees to be paid to designated National Offices Prior national right necessary A ‘bundle’ of rights’ is granted Translation Costs (EN,FR,ES) Lawyer’s fees?

Each right subject to the national laws of the designated country

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

How to obtain Trade Mark or Design protection

1 court of law

The Community Route

1 registration procedure in any of the 21 languages of the EU 1 registration office: OHIM 1 fee (no translation costs) 1 right valid throughout 27 countries (unitary right) Alicante

•

Austria

•

Belgium

•

Bulgaria

•

Czech Republic

•

Cyprus

•

Denmark

•

Estonia

•

Finland

•

France

•

Germany

•

Greece

•

Hungary

•

Ireland

•

Italy

•

Latvia

•

Lithuania

•

Luxembourg

•

Malta

•

Poland

•

Portugal

•

Romania

•

Slovak Republic

•

Slovenia

•

Spain

•

Sweden

•

The Netherlands

•

United Kingdom

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

Where a CTM gives protection

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

OHIM SMEs in action

http://oami.europa.eu/ows/rw/pages/OHIM/multimedia/SME/ SMEsinAction.en.do

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

Who can apply?

• CTM and RCD application can be filed by any natural and legal person • No representative is necessary for applicants with domicile or principal place of business in the EU • Applicants from outside the EU need a representative domiciled in the EU

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

What does it cost

• CTM – 1050 € for 3 classes, any extra class 150 € – 150 € reduction for e-filing: 900 € • RCD – 350 € (230 € registration and 120 € publication fee). Multiple applications reduce the costs

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

How long is valid

CTM • Protection: – 10 years from the filing date – CTM enforceable as from publication of the registration • Renewal : – Every 10 years, provided that the renewal fees are paid (indefinitely possible!) • Renewal fees: • 1500 EUR paper renewal • 1350 EUR e - renewal

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

How long is valid

Design • Protection: – 5 years from the filing date • Renewal: – One ore several times for 5 years up to a maximum of 25 years • Renewal fees: – Individual renewal fee between 90 to 180 €, depending on the period of renewl

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

Application is E-asy

• Information http://oami.europa.eu/ows/rw/pages/index.en.do

• SMEs in action http://oami.europa.eu/ows/rw/pages/OHIM/multi media.en.do

• E-filing https://secure.oami.europa.eu/ctm/efiling/display form.htm?result=init&reloadable=YES&lang=EN

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

Application is E-asy

• CTM and RCD Application • Payment (in connection with e-filing only) • CTM and RCD renewal • Filing of an opposition (filing of documents under development) • Online Access to files (OAF, for all published CTMs) • Search in CTM-online, RCD Online Databases • Search for a representative (FindRep) • Database of decisions

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

Search for existing trade marks

www.tmview.europa.eu

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

eCertificate

Office for Harmonization in the Internal Market

(Trade Marks and Designs)

CTM Watch