It
is now possible to apply to register
a Community trade mark which is valid
in all the 27 countries of the European
Union.
The application is made to the Community
trade mark office in Spain (Office for Harmonization in the Internal Market - OHIM). The cost (in terms of government fees) of making a CTM application is Eur 900 (if filed online) or Eur 1050 (if filed using paper form) per application for the first three classes, plus Eur 150 per each additional class over three (all the goods and services offered in commerce are divided into 45 classes). In addition to this cost there is a fee of £500 charged by this firm to make the application up to three classes (plus £100 per each additional class over three). . The OHIM assesses the mark to ensure that
it is capable of being a trade mark. The application is then published, for
opposition purposes, in the "Official Journal". This
means that any
"person" (an undertaking as well as a real
person) who believes that it has prior
rights to the application can file an "opposition" to the application.
If such an opposition is made against the application (unless the opposition is settled amicably), the rights of the applicant and the opponent's "prior rights" are assessed in an administrative procedure called “Opposition Proceedings”. In the Opposition Proceedings, the opponent could be challenged to prove that he has used his trade mark in the EU in the last 5 years. Although the OHIM allows oral arguments, in practice, most arguments are made in writing.
If all the oppositions can be overcome, the trade mark is registered for a renewable period of 10 years, and it will be valid in all of the 27 countries of the European Union.
We recommend undertaking a search of the CTM and European national trade marks databases prior to make an application for registering a trade mark, in order to analyse any registered marks which may oppose your application. Doing so may save much time, and therefore cost, later in the course of the application if an opposition against your application is made by the owner of a mark with prior rights.
All
this is quite complicated. At BRAND
PROTECT LLP we won't charge
you the earth for our services.
A link to the Office for Harmonization in the Internal Market Fees list is here: http://oami.europa.eu/ows/rw/pages/CTM/feesPayment/listFees.en.do
|
With effect from May 2009
| Title |
Official
fee
(€) Euros* |
Our
fee (£) ** |
| To prepare and file an application online - first
3 classes * |
Eur 900 |
£500 |
| Each additional class |
Eur 150 |
£100 |
| To claim convention priority |
- |
£50 |
| To prepare and file Opposition
Notice |
Eur 350 |
£250 |
| Renewal of trade mark - up to 3 classes |
Eur 1500 |
£400 |
| Each additional class |
Eur 400 |
£150 |
| To prepare and file application for
revocation/declaration of invalidity |
Eur 700 |
£200 |
| To prepare and file recordal of a change
of proprietor |
Eur 200 (per mark)
Maximum 1000 Euro |
£200 |
| To prepare and file recordal of grant
or transfer of licence; right or transfer in
rem |
- |
£200 |
| To prepare and file conversion of a
mark into a national application |
Eur 200 |
£200 |
N.B.: This schedule of charges lists some of our fixed fee charges. Most work done on behalf of our clients usually includes a combination of fixed fees and charges for actual time spent. The charges to clients may vary depending on complexity of the problem and the time taken to resolve it.
No time is spent without prior consultation with our clients.
Our standard charge for our time is £195/hour.
All prices are exclusive of VAT
* In almost every case, online applications are the norm. Occasionally, applications using paper form are necessary. The OHIM fees for applications made using paper form are Eur 1050.
** This represents the basic fee and time will be charged at our standard rate if the matter is of a complex nature after consultation. |
