Annexes to COM(2013)161 - Amendment of Council Regulation (EC) No 207/2009 on the EC trade mark

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dossier COM(2013)161 - Amendment of Council Regulation (EC) No 207/2009 on the EC trade mark.
document COM(2013)161 EN
date December 16, 2015
ANNEX I

The following annex is inserted:

‘ANNEX -I

AMOUNT OF FEES

A.The fees to be paid to the Office under this Regulation shall be as follows (in EUR):

1.Basic fee for the application for an individual EU trade mark (Article 26(2)):

EUR 1 000

2.Basic fee for the application for an individual EU trade mark by electronic means (Article 26(2)):

EUR 850

3.Fee for the second class of goods and services for an individual EU trade mark (Article 26(2)):

EUR 50

4.Fee for each class of goods and services exceeding two for an individual EU trade mark (Article 26(2)):

EUR 150

5.Basic fee for the application for an EU collective mark or an EU certification mark (Article 26(2) and Article 66(3) or Article 74a(3)):

EUR 1 800

6.Basic fee for the application for an EU collective mark or an EU certification mark by electronic means (Article 26(2) and Article 66(3) or Article 74a(3)):

EUR 1 500

7.Fee for the second class of goods and services for an EU collective mark or an EU certification mark: (Article 26(2) and Article 66(3) or Article 74a(3)):

EUR 50

8.Fee for each class of goods and services exceeding two for an EU collective mark or an EU certification mark (Article 26(2) and 66(3) or Article 74a(3)):

EUR 150

9.Search fee for an EU trade mark application (Article 38(2)) or for an international registration designating the Union (Article 38(2) and Article 155(2)): EUR 12 multiplied by the number of central industrial property offices referred to in Article 38(2); that amount, and the subsequent changes, shall be published by the Office in the Official Journal of the Office.

10.Opposition fee (Article 41(3)):

EUR 320

11.Basic fee for the renewal of an individual EU trade mark (Article 47(3)):

EUR 1 000

12.Basic fee for the renewal of an individual EU trade mark by electronic means (Article 47(3)):

EUR 850

13.Fee for the renewal of the second class of goods and services for an individual EU trade mark (Article 47(3)):

EUR 50

14.Fee for the renewal of each class of goods and services exceeding two for an individual EU trade mark (Article 47(3)):

EUR 150

15.Basic fee for the renewal of an EU collective mark or an EU certification mark (Article 47(3) and Article 66(3) or Article 74a(3):

EUR 1 800

16.Basic fee for the renewal of an EU collective mark or an EU certification mark by electronic means (Article 47(3) and Article 66(3) or Article 74a(3)):

EUR 1 500

17.Fee for the renewal of the second class of goods and services for an EU collective mark or an EU certification mark (Article 47(3) and Article 66(3) or Article 74a(3)):

EUR 50

18.Fee for the renewal of each class of goods and services exceeding two for an EU collective mark or an EU certification mark (Article 47(3) and Article 66(3) or Article 74a(3)):

EUR 150

19.Additional fee for the late payment of the renewal fee or the late submission of the request for renewal (Article 47(3)): 25 % of the belated renewal fee, subject to a maximum of EUR 1 500

20.Fee for the application for revocation or for a declaration of invalidity (Article 56(2)):

EUR 630

21.Appeal fee (Article 60(1)):

EUR 720

22.Fee for the application of restitutio in integrum (Article 81(3)):

EUR 200

23.Fee for the application for the conversion of an EU trade mark application or an EU trade mark (Article 113(1), also in conjunction with Article 159(1)):

(a)into a national trade mark application;

(b)into a designation of Member States under the Madrid Protocol:

EUR 200

24.Fee for continuation of proceedings (Article 82(1)):

EUR 400

25.Fee for the declaration of division of a registered EU trade mark (Article 49(4) or an application for an EU trade mark (Article 44(4)):

EUR 250

26.Fee for the application for the registration of a licence or another right in respect of a registered EU trade mark (before 1 October 2017, Rule 33(2) of Regulation (EC) No 2868/95; and from that date, Article 22a(2)) or an application for an EU trade mark (before 1 October 2017, Rule 33(2) of Regulation (EC) No 2868/95; and from that date, Article 22a(2)):

(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:

EUR 200 per registration, but where multiple requests are submitted in the same application or at the same time, not to exceed a total of EUR 1 000

27.Fee for the cancellation of the registration of a licence or other right (before 1 October 2017, Rule 35(3) of Regulation (EC) No 2868/95; and from that date, Article 24a(3)): EUR 200 per cancellation, but where multiple requests are submitted in the same application or at the same time, not to exceed a total of EUR 1 000

28.Fee for the alteration of a registered EU trade mark (Article 48(4)):

EUR 200

29.Fee for the issue of a copy of the application for an EU trade mark (Article 88(7)), a copy of the certificate of registration (Article (45(2)), or an extract from the register (Article 87(7)):

(a)uncertified copy or extract:

EUR 10

(b)certified copy or extract:

EUR 30

30.Fee for the inspection of the files (Article 88(6)):

EUR 30

31.Fee for the issue of copies of file documents (Article 88(7)):

(a)uncertified copy:

EUR 10

(b)certified copy:

EUR 30

plus per page, exceeding 10

EUR 1

32.Fee for the communication of information in a file (Article 88(9)):

EUR 10

33.Fee for the review of the determination of the procedural costs to be refunded (before 1 October 2017, Rule 94(4) of Regulation (EC) No 2868/95; and from that date, Article 85(7)):

EUR 100

34.Fee for the filing of an international application at the Office (before 1 October 2017, Article 147(5); and from that date, Article 147(4)):

EUR 300

B.Fees to be paid to the International Bureau

I. Individual fee for an international registration designating the Union

1.The applicant for an international registration designating the Union shall be required to pay to the International Bureau an individual fee for the designation of the Union in accordance with Article 8(7) of the Madrid Protocol.

2.The holder of an international registration who files a request for territorial extension designating the Union made subsequent to the international registration shall be required to pay to the International Bureau an individual fee for the designation of the Union in accordance with Article 8(7) of the Madrid Protocol.

3.The amount of the fee under B.I.1 or B.I.2 shall be the equivalent in Swiss Francs, as established by the Director-General of the WIPO pursuant to Rule 35(2) of the Common Regulations under the Madrid Agreement and Protocol, of the following amounts:

(a)for an individual trade mark: EUR 820 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods and services contained in the international registration exceeding two;

(b)for a collective mark or a certification mark: EUR 1 400 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods or services exceeding two.

II.   Individual fee for a renewal of an international registration designating the Union

1.The holder of an international registration designating the Union shall be required to pay to the International Bureau, as a part of the fees for a renewal of the international registration, an individual fee for the designation of the Union in accordance with Article 8(7) of the Madrid Protocol.

2.The amount of the fee referred to in B.II.1 shall be the equivalent in Swiss Francs, as established by the Director-General of the WIPO pursuant to Rule 35(2) of the Common Regulations under the Madrid Agreement and Protocol, of the following amounts:

(a)for an individual trade mark: EUR 820 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods and services contained in the international registration exceeding two;

(b)for a collective mark or a certification mark: EUR 1 400 plus, where applicable, EUR 50 for the second class of goods and services and EUR 150 for each class of goods and services contained in the international registration exceeding two.’


ANNEX II

CORRELATION TABLE

Regulation (EC) No 2869/95Regulation (EC) No 207/2009
Article 1—
Article 2Annex -I, Part A, points 1 to 34
Article 3Article 144(1)
Article 4Article 144(2)
Article 5(1)Article 144a(1), first subparagraph
Article 5(2)Article 144a(1), second subparagraph
Article 5(3)Article 144a(1), third subparagraph
Article 6Article 144a(1), fourth subparagraph
Article 7(1)Article 144a(2)
Article 7(2)Article 144a(3)
Article 8Article 144b
Article 9Article 144c(1) and (2)
Article 10Article 144c(4)
Article 11Annex -I, Part B(I), points 1 to 3
Article 12Annex -I, Part B(II), points 1 and 2
Article 13—
Article 14—
Article 15—