Trademark Law – New Community Trademark Regulations as of Spring 2014 (04/2013)

The European Commission has pursued its proposal to amend the CTM Regulations and the CTM Directive. These regulations will become legally valid in spring 2014. The changes are not very revolutionary, but a few changes might also be of interest to trademark owners. In detail:

  • A mark will in future be called European Trademark instead of Community Trademark.
  • It will also be possible to file a trademark application for only one class paying official fees of € 775,00 instead of € 900,00.
  • It will also be possible to renew a mark for only one class instead of three classes. The renewal fees for up to three classes will be reduced from € 1.350,00 to € 1.250,00.
  • The renewal fees for one class will then be € 1.000,00.
  • It will be necessary to pay the application fees always when filing the application.
  • Search results of the national patent offices will no longer be offered.
  • Observations by third parties may not only be filed after publication, but already immediately after the filing of an application.
  • It will be possible to extent more time limits before OHIM.
  • The opposition period for international registrations designating the EU will be shortened.

The most important changes for trademark owners are probably the reduced filing and renewal fees. Depending on the date on which the regulations come into effect, it might be useful to postpone the renewal of a Community trademark registration or the filing of a trademark application if only one class should be covered by an application.

We will keep you informed on future developments.