1995R2869 — EN — 27.10.2003 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 2869/95
of 13 December 1995
on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and
Designs)
(OJ L 303, 15.12.1995, p. 33)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 781/2004 of 26 April 2004 L 123 85 27.4.2004
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSION REGULATION (EC) No 2869/95
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 mark (1), as amended by Regulation
(EC) No 3288/94 (2) 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 onthe Community trade mark (
3),
Whereas Article 139 (3) of Regulation (EC) No 40/94 (hereinafter ‘the
Regulation’) provides that the fees regulations shall be adopted inaccordance with the procedure laid down in Article 141 of the Regula-tion;
Whereas Article 139 (1) of the Regulation provides that the fees regu-
lations 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 inrespect thereof is in principle sufficient for the budget of the Office forHarmonization 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 theEuropean Communities, in accordance with Article 134 (3) of theRegulation;
Whereas the basic fee for the application for a Community trade mark
shall include the amount which the Office must pay to each centralindustrial property office of the Member States for each search reportprovided by such offices in accordance with Article 39 (4) of the Regu-lation;
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 ofservices it may render, the charges for access to the Office's data bankand 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 paymentwhich 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 thebudget of the Office;
Whereas the budget of the Office is fixed in ecus;
Whereas, moreover, the fixing of these amounts in ecus avoids discre-
pancies 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;1995R2869 — EN — 27.10.2003 — 001.001 — 2
(1) OJ No L 11, 14. 1. 1994, p. 1.
(2) OJ No L 349, 31. 12. 1994, p. 83.
(3) See p. 1 of this Official Journal.
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Whereas the measures envisaged in this Regulation are in accordance
with the opinion of the Committee established under Article 141 ofthe Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
General
The following shall be levied in accordance with this Regulation:
(a) fees to be paid to the Office as provided for in the Regulation and
in Regulation (EC) No 2868/95;
(b) charges laid down by the President pursuant to Article 3 (1) and (2)
Article 2
Fees provided for in the Regulation and Regulation (EC) No 2868/
95
The fees to be paid to the Office under Article 1 (a) shall be as
follows:
(in►M1 EUR◄)
1. Basic fee for the application for an indi-
vidual 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 collec-
tive 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 alteration of the representa-
tion 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 indi-
vidual 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 collec-
tive mark (Articles 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
(Articles 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 %
of the belated registra-
tion fee, subject to a
maximum of 750
12. Basic fee for the renewal for an indivi-
dual 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))5001995R2869 — EN — 27.10.2003 — 001.001 — 3
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(in►M1 EUR◄)
14. Basic fee for the renewal for a collective
mark (Articles 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
(Articles 47 (1) and 64 (3), Rules 30 (2)
(b) and 42)1 000
16. Additional fee for the late payment of
the renewal fee or the late submission
of the request for renewal (Article 47
(3), Rule 30 (2) (c))25%
of the belated renewal
fee, subject to a
maximum of 1 500
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 Community
trade mark application or a Community
trade mark (Article 109(1), also in
conjunction with Article 154(1); Rule
45(2), also in conjunction with Rule
123(2))
(a) into a national trade mark applica-
tion
(b) into a designation of Member States
under the Madrid Agreement or the
Madrid Protocol200
21. Fee for the recording of the whole or
partial transfer of an application for a
Community trade mark (Article 24 and
point 4 of Article 140 (2); Rule 31 (4)
and (8))200
per entry, but, where
multiple requests are
submitted in the same
application or at the
same time, not to exceed
a total of 1 000
22. Fee for the registration of the whole or
partial transfer of a registered Commu-
nity trade mark (point 4 of Article 140
(2); Rule 31 (4))200
per registration, but,
where multiple requests
are submitted in the
same application or at
the same time, not to
exceed a total of 1 000
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 appli-
cation 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 execution200
per registration, but,
where multiple requests
are submitted in the
same application or at
the same time, not to
exceed a total of 1 000
24. Fee for the cancellation of the registra-
tion of a licence or other right (point 7
of Article 140 (2), Rule 35 (3))200
per cancellation, but,
where multiple requests
are submitted in the
same application or at
the same time, not to
exceed a total of 1 0001995R2869 — EN — 27.10.2003 — 001.001 — 4
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(in►M1 EUR◄)
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 appli-
cation for a Community trade mark
(point 12 of Article 140 (2), Rule 89
(5)), a copy of the certificate of registra-
tion (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 docu-
ments (point 11 of Article 140 (2) no11,
Rule 89 (5))
a) uncertified copy 10
b) certified copy 30
plus per page, exceeding 10 1
29. Fee for the communication of informa-
tion 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 94 (4))100
31. Fee for the filing of an international
application at the Office (Article 142(5))300
Article 3
Charges laid down by the President
1. The President shall lay down the amount to be charged for any
services rendered by the Office other than those specified in Article 2.
2. The President shall lay down the amount to be charged for the
Community Trade Marks Bulletin and the Official Journal of the Officeas well as any other publications issued by the Office.
3. The amounts of the charges shall be laid down in
►
M1 EUR◄.
4. The amounts of the charges laid down by the President in accor-
dance with paragraphs 1 and 2 shall be published in the OfficialJournal of the Office.
Article 4
Due date for fees and charges
1. Fees and charges in respect of which the due date is not specified
in the Regulation or in Regulation No 2868/95 shall be due on the dateof receipt of the request for the service for which the fee or the chargeis incurred.
2. The President may decide not to make services mentioned in
paragraph 1 dependent upon the advance payment of the correspondingfees or charges.1995R2869 — EN — 27.10.2003 — 001.001 — 5
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Article 5
Payment of fees and charges
1. Fees and charges due to the Office shall be paid
(a) by payment or transfer to a bank account held by the Office,
(b) by delivery or remittance of cheques made payable to the Office, or
(c) in cash.
2. The President may allow methods of payment other than those set
out in paragraph 1, in particular by means of deposits in current
accounts held with the Office.
3. Determinations made pursuant to paragraph 2 shall be published
in the Official Journal of the Office.
Article 6
Currencies
All payments, including by any method of payment allowed by the
President pursuant to Article 5(2), shall be made in EUR.
Article 7
Particulars concerning payment
1. Every payment must indicate the name of the person making the
payment and must contain the necessary information to enable theOffice to establish immediately the purpose of the payment. In parti-cular, the following information shall be provided:
(a) when the application fee is paid, the purpose of the payment,
namely ‘application fee’;
(b) when the registration fee is paid, the file number of the application
which is the basis for the registration and the purpose of the
payment, namely ‘registration fee’;
(c) when the opposition fee is paid, the file number of the application
and the name of the applicant for the Community trade mark
against which opposition is entered, and the purpose of the
payment, namely ‘opposition fee’;
(d) when the revocation fee and the invalidity fee are paid, the registra-
tion number and the name of the proprietor of the Community trademark against which the application is directed, and the purpose of
the payment, namely ‘revocation fee’ or ‘invalidity fee’.
2. If the purpose of the payment cannot immediately be established,
the Office shall require the person making the payment to notify it in
writing of this purpose within such period as it may specify. If theperson does not comply with this request in due time, the paymentshall be considered not to have been made. The amount which hasbeen paid shall be refunded.
Article 8
Deemed date of payment
1. The date on which any payment shall be considered to have been
made to the Office shall be as follows:
(a) in the cases referred to in Article 5 (1) (a), the date on which the
amount of the payment or of the transfer is actually entered in abank account held by the Office;
(b) in the case referred to in Article 5 (1) (b), the date of the receipt of
the cheque at the Office, provided that the cheque is met;
(c) in the cases referred to in Article 5 (1) (c), the date of receipt of
the amount of the cash payment.1995R2869 — EN — 27.10.2003 — 001.001 — 6
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2. Where the President allows, in accordance with the provisions of
Article 5 (2), other methods of paying fees than those set out in Article5 (1), he shall also lay down the date on which such payments shall be
considered to have been made.
3. Where, under the provisions of paragraphs 1 and 2, payment of a
fee is not considered to have been made until after the expiry of theperiod in which it was due, it shall be considered that this period has
been observed if evidence is provided to the Office that the person who
made the payment —
(a) in a Member State, within the period within which the payment
should have been made:
(i) effected the payment through a banking establishment;
(ii) duly gave an order to a banking establishment to transfer the
amount of the payment; or
(iii) dispatched at a post office or otherwise a letter bearing the
address of the Office and containing a cheque within the
meaning of Article 5 (1) (b), provided that the cheque is met;
and —
(b) paid a surcharge of 10 % on the relevant fee or fees, but not
exceeding ►
M1 EUR◄200; no surcharge is payable if a condi-
tion according to sub-paragraph (a) has been fulfilled not later than10 days before the expiry of the period for payment.
4. The Office may request the person who made the payment to
produce evidence as to the date on which a condition according toparagraph 3 (a) was fulfilled and, where required, to pay the surchargereferred to in paragraph 3 (b), within a period to be specified by it. Ifthe person fails to comply with this request or if the evidence is insuf-
ficient, or if the required surcharge is not paid in due time, the period
for payment shall be considered not to have been observed.
Article 9
Insufficiency of the amount paid
1. A time limit for payment shall, in principle, be considered to have
been observed only if the full amount of the fee has been paid in duetime. If the fee is not paid in full, the amount which has been paid shallbe refunded after the period for payment has expired.
2. The Office may, however, in so far as this is possible within the
time remaining before the end of the period, give the person makingthe payment the opportunity to pay the amount lacking or, where thisis considered justified, overlook any small amounts lacking withoutprejudice to the rights of the person making the payment.
Article 10
Refund of insignificant amounts
1. Where an excessive sum is paid to cover a fee or a charge, the
excess shall not be refunded if the amount is insignificant and the party
concerned has not expressly requested a refund. The President shall
determine what constitutes an insignificant amount.
2. Determinations by the President pursuant to paragraph 1 shall be
published in the Official Journal of the Office.
Article 11
Individual fee for an international registration designating the
European Community
1. The applicant for an international application designating the
European Community shall be required to pay to the InternationalBureau an individual fee for the designation of the European Commu-nity in accordance with Article 8(7) of the Madrid Protocol.1995R2869 — EN — 27.10.2003 — 001.001 — 7
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2. The holder of an international registration who files a request for
territorial extension designating the European Community made subse-quently to the international registration shall be required to pay to the
International Bureau an individual fee for the designation of the
European Community in accordance with Article 8(7) of the MadridProtocol.
3. The amount of the fee under paragraph 1 or 2 shall be the equiva-
lent in Swiss Francs, as established by the Director General of theWorld Intellectual Property Organization pursuant to Rule 35(2) of theCommon Regulations under the Madrid Agreement and Protocol, of thefollowing amounts:
(a) for an individual mark: EUR 1 875 plus, where applicable,
EUR 400 for each class of goods or services exceeding three,
(b) for a collective mark as referred to in Rule 121(1) of Commission
Regulation (EC) No 2868/95: EUR 3 675 plus, where applicable,EUR 800 for each class of goods or services exceeding three.
Article 12
Individual fee for a renewal of an international registration desig-
nating the European Community
1. The holder of an international registration designating the
European Community shall be required to pay to the InternationalBureau, as a part of the fees for a renewal of the international registra-tion, an individual fee for the designation of the European Communityin accordance with Article 8(7) of the Madrid Protocol.
2. The amount of the fee referred to in paragraph 1 shall be the
equivalent in Swiss Francs, as established by the Director General ofthe World Intellectual Property Organization pursuant to Rule 35(2) ofthe Common Regulations under the Madrid Agreement and Protocol, ofthe following amounts:
(a) in the case of an individual mark: EUR 2 300 plus EUR 500 for
each class of goods and services contained in the internationalregistration exceeding three;
(b) in the case of a collective mark as referred to in Rule 124(1) of
Commission Regulation (EC) No 2868/95: EUR 4 800 plusEUR 1 000 for each class of goods and services contained in the
international registration exceeding three.
Article 13
Refund of fees following refusal of protection
1. Where the refusal is for all the goods and services contained in
the designation of the European Community, the amount of the fee tobe refunded pursuant to Article 149(4) or Article 151(4) of the CouncilRegulation (EC) No 40/94 shall be
(a) in the case of an individual mark: EUR 1 100 plus EUR 200 for
each class of goods and services contained in the internationalregistration exceeding three;
(b) in the case of a collective mark: EUR 2 200 plus EUR 400 for each
class of goods and services contained in the international registra-tion exceeding three.
2. Where the refusal is for only part of the goods and services
contained in the designation of the European Community, the amountof the fee to be refunded pursuant to Article 149(4) or Article 151(4)
of the Regulation shall be equivalent to 50 % of the difference of the
class fees payable under Article 11(3) and the class fees that wouldhave been payable under Article 11(3) of this Regulation if the desig-nation of the European Community had included only those goods andservices for which the international registration remains protected inthe European Community.1995R2869 — EN — 27.10.2003 — 001.001 — 8
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3. The refund shall be made once the communication to the Interna-
tional Bureau pursuant to Rule 113(2)(b) to (d) or Rule 115(3)(b) to (d)and (4) of Commission Regulation No 2868/95 has been issued.
4. The refund shall be made to the holder of the international regis-
tration or his representative.
Article 14
Articles 1 to 10 do not apply to the individual fee which is to be paid
to the International Bureau.
Article 15
Entry into force
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in is entirety and directly applicable
in all Member States.1995R2869 — EN — 27.10.2003 — 001.001 — 9
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