of 13 December 1995
on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)
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) ('the Office') to be balanced;
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:
(in ecus) | ||
1. |
Basic fee for the application for an individual mark (Article 26 (2); Rule 4 (a)) |
975 |
2. |
Fee for each class of goods and services exceeding three for an individual mark (Article 26 (2); Rule 4 (b)) |
200 |
3. |
Basic fee for the application for a collective mark (Articles 26 (2) and 64 (3); Rules 4 (a) and 42) |
1 675 |
4. |
Fee for each class of goods and services exceeding three for a collective mark (Article 26 (2) and 64 (3); Rules 4 (b) and 42) |
400 |
5. |
Opposition fee (Article 42 (3); Rule 18 (1)) |
350 |
6. |
Fee for the alternation of the representation of a trade mark (point 1 of Article 140 (2) and Article 44 (2); Rule 13 (2)) |
200 |
7. |
Basic fee for the registration of an individual mark (Article 45 Rule 23 (1) (a)) |
1 100 |
8. |
Fee for each class of goods and services exceeding three for an individual mark (Article 45; Rule 23 (1) (b) |
200 |
9. |
Basic fee for the registration of a collective mark (Article 45 and 64 (3); Rules 23 (1) (a) and 42) |
2 200 |
10. |
Fee for each class of goods and services exceeding three for a collective mark (Article 45 and 64 (3), Rules 23 (1) (b) and 42) |
400 |
11. |
Additional fee for the late payment of the registration fee (point 2 of Article 140 (2), Rule 23 (3)) |
25% |
12. |
Basic fee for the renewal for an individual mark (Article 47 (1), Rule 30 (2) (a)) |
2 500 |
13. |
Fee for each class of goods and services exceeding three for an individual mark (Article 47 (1), Rule 30 (2) (b)) |
500 |
14. |
Basic fee for the renewal for a collective mark (Article 47 (1) and 64 (3), Rules 30 (2) (a) and 42) |
5 000 |
15. |
Fee for each class of goods and services exceeding three for a collective mark (Article 47 (1) and 64 (3), Rules (2) (b) and 42) |
1 000 |
16. |
Additional fee for the late payment of the renewal fee of the late submission of the request for renewal (Article 47 (3), Rule 30 (2) (c)) |
25% |
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. |
Fee for restitutio in integrum (Article 78 (3)) |
200 |
20. |
Fee for the conversion of a mark into a national trade mark application (Article 109 (1), Rule 45 (2)) |
200 |
22. |
Fee for the registration of the whole or partial transfer of a registered Community trade mark (Article 140 (2); Rule 31 (4)) |
200 |
23. |
Fee for the registration of a licence or another right in respect of a registered Community trade mark (point 5 of Article 140 (2), Rule 33 (1)) or an application for a Community trade mark (point 6 of Article 140 (2), Rule 33 (4): a) grant of a licence b) transfer of a licence c) creation of a right in rem d) transfer of a right in rem e) levy of execution |
200 |
24. |
Fee for the cancellation of registration of a licence or other right (point 7 of Article 140 (2), Rule 35 (3)) |
200 |
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)) | |
a) uncertified copy or extract |
10 | |
b) certified copy or extract |
30 | |
27. |
Fee for the inspection of the files (point 10 of Article 140 (2) No 10, Rule 89 (1)) |
30 |
28. |
Fee for the issue of copies of file documents (point 11 of Article 140 (2) n° 11, Rule 89 (5)) | |
a) uncertified copy |
10 | |
b) certified copy |
30 | |
plus per page, exceeding 10 |
1 | |
29. |
Fee for the communication of information in a file (point 13 of Article 140 (2), Rule 90) |
10 |
plus per page exceeding 10 |
1 | |
30. |
Fee for the review of the determination of the procedural costs to be refunded (point 14 of Article 140 (2), Rule (4)) |
100 |
and -
This Regulation shall be binding in is entirety and directly applicable in all Member States.
Done at Brussels, 13 December 1995.
For the Commission
MARIO MONTI
Member of the Commission
1 OJ No L 11, 14. 1. 1994, p. 1.
3 See p. 1 of this Official Journal.
4 OJ No L 350, 31. 12. 1994, p. 27.