March 23rd 2016 marks a change for European Union trademarks. From now on, there will be no speaking of the OHIM (Office for Harmonization in the Internal Market) when referring to the institution in charge of registering trademarks valid in the European Union, which were called Community Trademarks (CTM).
Trademarks in this jurisdiction will know have the name of European Union Trademarks (EUTM) and will be registered through the European Union Intellectual Property Office (EUIPO).
What does this mean for my future filings in the EU?
Apart from the change of names, the main difference between the Community Trademark applications and the European Union trademark applications will be in the fee structure. Where previously up to three Nice classes were included in the initial fee for the application, the official fees will now increase with each additional class. However, the fee for the initial class has been lowered by 50 Euros, meaning that for applicants whose trademark is to be filed in only one class, the procedure will now be slightly cheaper.
What does this mean for my already filed or registered trademarks in the EU?
Change of name
All registered or filed Community Trademarks will automatically be renamed European Union trademarks.
Decrease in renewal fees
The official fees for the renewal of a European Union Trademark after the initial period of registration of ten years have been lowered, making it less expensive for trademark holders to renew their portfolios of European Union Trademarks.
Classification and Nice headings
If your registered Community Trademark was filed before June 22nd, 2012, you might want to check what description was used for the products and / or services to be protected. If the “class heading” (the general description of the products or services included in a class defined by the Nice classification) was used, but the description was intended to cover all the goods or services in that class and not only those literally stated in the class heading, then you will need to file a declaration with the EUIPO, within the next 6 months, detailing the goods or services you wish the trademark to be protected for. If no such declaration is filed, then the registration will only be for the goods or services that are expressly mentioned in the description.
If you have any doubts regarding your registered European Union trademark filed before June 22nd, 2012, please do not hesitate to contact us.
See iGERENT's prices for trademark services in the European Union here.
iGERENT offers trademark services in 180+ countries, for further information visit igerent.com.
Author: Victoire Bauvin Trademark Consultant @ iGERENT