Universal and Regional IPR Mechanism for Improving the Access to the Global Market .

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International and Regional IPR Mechanism for Improving the Access to the Global Market. The Community Trade Mark and Community Design System. Beate Schmidt – Director Cancellation and Litigation Department (OHIM ) International Concention on Intellectual Property of MSMSES
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Worldwide and Regional IPR Mechanism for Improving the Access to the Global Market The Community Trade Mark and Community Design System Beate Schmidt – Director Cancelation and Litigation Department (OHIM ) International Concention on Intellectual Property of MSMSES Rome, 10 th and 11 th December 2009

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What is OHIM European Agency in Alicante, Spain

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Legal Basis Council Regulation EC No 40/94, united form no 207/2009 of 26 February 2009 on the Community Trade Mark– CTMR Council Regulation EC No 6/2002 of 12 December 2001 on Community Designs - CDR Implementing Regulations Commission Regulation(EC) No 2869/95 of 13 December 1995 (CTMIR) and Commission Regulation no 2245/2002 of 21 October 2002 (CDIR)

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What do we secure CTM and RCD are the Gateway to the single market OHIM is the one stop search for enlisted rights that are legitimate all through the European Union of 27 nations and just about 500 million individuals

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What do we ensure Trade Marks Signs which recognize the merchandise or administrations of one endeavor from those of another Signs which can be spoken to graphically, especially words, outlines, letters, numerals, the state of products or of their bundling, hues, sounds Designs the presence of the entire or a part of an item coming about because of the components of the lines, forms, hues, shape, surface as well as materials of the item itself or potentially its ornamentation

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What do we NOT ensure Patents Utility Models Copyright Internet Address

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How to get Trade Mark or Design insurance Three option courses permit organizations to acquire titles for assurance of exchange imprints & plans inside the EU The National Route (NPOs) The International Route (Madrid or Hague by means of WIPO) The Community Route (OHIM)

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How to get Trade Mark or Design security The National Route Individual applications with National PTOs Individual expense for each National application Translation Costs: Yes Protection as per national law Lawyer\'s charges: ?

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How to acquire Trade Mark or Design assurance The International Route through Madrid A solitary expense to WIPO Prior national right vital Individual charges to be paid to assigned National Offices A "package" of rights\' is conceded Translation Costs (EN,FR,ES) Each right subject to the national laws of the assigned nation Lawyer\'s charges?

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How to acquire Trade Mark or Design security The Community Route Austria Belgium Bulgaria Czech Republic Cyprus Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Poland Portugal Romania Slovak Republic Slovenia Spain Sweden The Netherlands United Kingdom 1 enlistment method in any of the 21 dialects of the EU 1 enrollment office: OHIM 1 charge (no interpretation costs) 1 right substantial all through 27 nations (unitary right) 1 official courtroom Alicante

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Where a CTM gives insurance

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OHIM SMEs in real life http://oami.europa.eu/ows/rw/pages/OHIM/mixed media/SME/SMEsinAction.en.do

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Who can apply? CTM and RCD application can be recorded by any characteristic and legitimate individual No illustrative is important for candidates with house or foremost place of business in the EU Applicants from outside the EU require a delegate domiciled in the EU

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What does it cost CTM 1050 € for 3 classes, any additional class 150 € 150 € decrease for e-documenting: 900 € RCD 350 € (230 € enlistment and 120 € distribution charge). Numerous applications diminish the expenses

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How long is legitimate CTM Protection: 10 years from the recording date CTM enforceable as from production of the enrollment Renewal : Every 10 years, gave that the reestablishment charges are paid (uncertainly conceivable!) Renewal charges: 1500 EUR paper restoration 1350 EUR e - recharging

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How long is substantial Design Protection: 5 years from the recording date Renewal: One mineral a few times for a long time up to a greatest of 25 years Renewal expenses: Individual reestablishment expense between 90 to 180 €, contingent upon the time of renewl

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Application is E-asy Information http://oami.europa.eu/ows/rw/pages/index.en.do SMEs in real life http://oami.europa.eu/ows/rw/pages/OHIM/multimedia.en.do E-documenting https://secure.oami.europa.eu/ctm/efiling/displayform.htm?result=init&reloadable=YES&lang=EN

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Application is E-asy CTM and RCD Application Payment (regarding e-documenting just) CTM and RCD reestablishment Filing of a restriction (recording of reports a work in progress) Online Access to records (OAF, for all distributed CTMs) Search in CTM-on the web, RCD Online Databases Search for a delegate (FindRep) Database of choices

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Search for existing exchange marks www.tmview.europa.eu ,

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CTM Watch

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Information:  (+ 34) 965 139 100 (switchboard)  (+ 34) 965 139 400 (e-business specialized occurrences)  (+ 34) 965 131 344 (fundamental fax)  information@oami.europa.eu  e-businesshelp@oami.europa.eu  Office for Harmonization in the Internal Market (Trade Marks and Designs) Avenida de Europa, 4 E-03008 Alicante SPAIN

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