This article has been updated. OHIM will issue its Guidelines shortly which will provide further guidance on the calculation of fees and the periods for payment, including specific examples.
In our January update, we reported on the EU Trade Mark (the new name for Community Trade Marks) reform package, which will come into effect from 23 March 2016.
In particular, we discussed renewal fees, in the face of a significant reduction in renewal fees under the new system. In its draft Guidelines, OHIM had initially proposed that, where the basic six month period for renewal of a mark starts to run before 23 March 2016, that mark should be subject to the current renewals fees regime.
Now, however, OHIM has issued a Communication (2/2016) confirming that the relevant factor for determining whether the old or new renewal fee regime applies is the date of expiry of the relevant mark. Accordingly:
- CTMs that expire before 23 March 2016 will be subject to the current fee structure for renewals (even if the renewal is requested and paid for after 23 March).
- CTMs that expire on or after 23 March 2016 will be subject to the new fee structure (even if the renewal was requested and paid for before the Communication came into force, in which event, OHIM will reimburse the excess fee).
We will continue to update you on significant developments relating to the EU Trade Mark.