Commission Regulation (EC) No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs
Date: 2002-12-16
Institutions: European Commission
Subjects: EU trade mark, European Union Intellectual Property Office, designs and models, fixing of prices, payment, provision of services, tax

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2246/2002

of 16 December 2002

on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and
Designs) in respect of the registration of Community designs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Subject matter

Having regard to Council Regulation (EC) No 6/2002 of 12
December 2001 on Community designs (1) and in particular
Article 107 thereof,

Whereas:

In the light of Article 139 of Council Regulation (EC) No
40/94 of 20 December 1993 on the Community trade
mark (2), as amended by Regulation (EC) No 3288/94 (3)
which by virtue of Article 97 of Regulation (EC) No 6/
2002 is also applicable to this Regulation the amounts
of the fees should be fixed at such a level as to ensure
that the revenue in respect thereof is in principle suffi-
cient for the budget of the Office to be balanced.

Commission Regulation (EC) No 2245/2002 of 21
October 2002 implementing Council Regulation (EC) No
6/2002 on Community designs (4) also deals with the
conditions under which the fees established by Regula-
tion (EC) No 6/2002 have to be paid to the Office.

To ensure the necessary flexibility, the President of the
Office should be empowered, subject to certain condi-
tions, to lay down the charges which may be payable to
the Office in respect of services it may render,
the
charges for access to the Office databases and the
making available of the contents of these databases in
machine-readable form, and to set charges for the sale of
the Office's publications.

This Regulation lays down the amounts and rules for payment
of the following:

(a) fees to be paid to the Office for Harmonization in the
Internal Market (Trade Marks and Designs) (hereinafter the
Office) as provided for in Regulation (EC) No 6/2002 and
in Regulation (EC) No 2245/2002;

(b) charges laid down by the President of the Office pursuant

to Article 3(1) and (2).

Article 2

Fees provided for in Regulation (EC) No 6/2002 and Regu-
lation (EC) No 2245/2002

The fees provided for in Regulation (EC) No 6/2002 and Regu-
lation (EC) No 2245/2002 to be paid to the Office are set out
in the Annex.

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 speci-
fied in the Annex.

2.
The President shall lay down the amount to be charged
for the Community Designs Bulletin as well as any other publi-
cations issued by the Office.

3.

The amounts of the charges shall be laid down in euro.

4.
The amounts of the charges laid down by the President in
accordance with paragraphs 1 and 2 shall be published in the
Official Journal of the Office.

In order to facilitate the payment of fees and charges,
the President
empowered to authorise
methods of payment which are additional to those expli-
citly provided for in this Regulation.

should be

Article 4

Due date for fees and charges

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab-
lished under Article 109 of Regulation (EC) No 6/2002,

(1) OJ L 3, 5.1.2002, p. 1.
(2) OJ L 11, 14.1.1994, p. 1.
(3) OJ L 349, 31.12.1994, p. 83.
(4) See page 26 of this Official Journal.

1.
Fees and charges in respect of which the due date is not
specified in Regulation (EC) No 6/2002 or in Regulation (EC)
No 2245/2002 shall be due on the date of receipt of the
request for the service for which the fee or the charge is
incurred.

2.
The President may decide not to make services mentioned
in paragraph 1 dependent upon the advance payment of the
corresponding fees or charges.

(1)

(2)

(3)

(4)

(5)

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Article 5

Payment of fees and charges

Article 7

Deemed date of payment

1.

Fees and charges due to the Office shall be paid in euro:

(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;

(c) in cash.

2.
The President may determine methods of payment other
than those set out in paragraph 1, in particular by means of
deposits in current accounts held with the Office. Those
methods shall be published in the Official journal of the Office.

Article 6

Particulars concerning payment

Every payment shall

1.
indicate the name of the person
making the payment and shall contain the necessary informa-
tion to enable the Office to establish immediately the purpose
of the payment. In particular, the following information shall
be provided:

(a) when the registration fee is paid,

the
payment, namely ‘registration fee’ and, where appropriate,
the reference provided by the applicant in the application
for the registration of a Community design;

the purpose of

(b) when the publication fee is paid,

the
payment, namely ‘publication fee’ and, where appropriate,
the reference provided by the applicant in the application
for the registration of a Community design;

the purpose of

(c) when the publication fee is paid as provided for in Article
50(4) of Regulation (EC) No 6/2002, the purpose of the
payment, namely ‘publication fee’ and the registration
number;

(d) when the fee for the deferment of publication is paid, the
purpose of the payment, namely ‘deferment fee’ and, where
appropriate, the reference provided by the applicant in the
application for the registration of a Community design;

(e) when the invalidity fee is paid, the registration number and
the name of the holder of the registered Community design
against which the application is directed, and the purpose
of the payment, namely ‘invalidity fee’.

If the purpose of the payment cannot immediately be
2.
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 the person does not comply with
the request in due time, the payment shall be considered not to
have been made. The amount which has been paid shall be
refunded.

The date on which any payment shall be considered to

1.
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 is actually entered in a bank
account held by the Office;

(b) in the case referred to in Article 5(1)(b), the date of the
the

the Office, provided that

the cheque at

receipt of
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.

2. Where the President allows, in accordance with the provi-
sions of Article 5(2), other methods of paying fees than those
set out in Article 5(1), he shall also lay down the date on which
such payments shall be considered to have been made.

3. Where, pursuant to paragraphs 1 and 2, payment of a fee
is not considered to have been made until after the expiry of
the period 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;

or

(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 EUR 200;

no surcharge is payable if a condition according to subpara-
graph a has been fulfilled not later than 10 days before the
expiry of the period for payment.

The Office may request

4.
the person who made the
payment to produce evidence as to the date on which a condi-
tion according to paragraph 3(a) was fulfilled and, where
required, to pay the surcharge referred to in paragraph 3(b),
within a period to be specified by it. If the person fails to
comply with this request or if the evidence is insufficient, or if
the required surcharge is not paid in due time, the period for
payment shall be considered not to have been observed.

Article 8

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 due time. If the fee is not paid in full, the amount
which has been paid shall be refunded after the period for
payment has expired.

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The Office may, however,

in so far as this is possible
2.
within the time remaining before the end of the period, give
the person making the payment the opportunity to pay the
amount lacking or, where this is considered justified, forego
any small amounts lacking without prejudice to the rights of
the person making the payment.

The President shall determine what constitutes an insignificant
amount.

Determinations by the President pursuant to paragraph 1

2.
shall be published in the Official Journal of the Office.

Article 9

Refund of insignificant amounts

Article 10

Entry into force

1. Where an excessive sum is paid to cover a fee or a
charge, the excess shall not be refunded if the amount is insig-
nificant and the party concerned has not expressly requested a
refund.

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 its entirety and directly applicable in all Member States.

Done at Brussels, 16 December 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

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ANNEX

(in euro)

1. Registration fee (Article 36(4) of Regulation (EC) No 6/2002; Article 6(1)(a) of

230

Regulation (EC) No 2245/2002)

2. Additional registration fee in respect of each additional design included in a
multiple application (Article 37(2) of Regulation (EC) No 6/2002; Article 6(1)(c) of
Regulation (EC) No 2245/2002):

(a) or each design from the second to the 10th design;

(b) for each design from the 11th design onwards

3. Publication fee (Article 36(4) of Regulation (EC) No 6/2002; Article 6(1)(b) of Regu-

lation (EC) No 2245/2002):

4. Additional publication fee in respect of each additional design included in a
multiple application (Article 37(2) of Regulation (EC) No 6/2002; Article 6(1)(d) of
Regulation (EC) No 2245/2002):

(a)

for each design from the 2nd to the 10th design;

(b) for each design from the 11th design onwards

5. Fee for deferment of publication (Article 36(4) of Regulation (EC) No 6/2002;

Article 6(1)(b) of Regulation (EC) No 2245/2002):

6. Additional fee for deferment of publication in respect of each additional design
included in a multiple application subject to deferment of publication (Article 37(2)
of Regulation (EC) No 6/2002; Article 6(1)(d) of Regulation (EC) No 2245/2002):

(a)

for each design from the 2nd to the 10th design;

(b) for each design from the 11th design onwards

7. Fee for the late payment of the registration fee (Article 107(2)(a) of Regulation (EC)

No 6/2002; Article 10(3) of Regulation (EC) No 2245/2002)

8. Fee for the late payment of the publication fee (Article 107(2)(b) of Regulation (EC)
No 6/2002; Article 10(3) and Article 15(4) of Regulation (EC) No 2245/2002)

9. Fee for the late payment of the fee for deferment of publication (Article 107(2)(c)
of Regulation (EC) No 6/2002; Article 10(3) of Regulation (EC) No 2245/2002)

115

50

120

60

30

40

20

10

60

30

10

10. Fee for the late payment of additional fees for multiple applications as referred to in
2, 4 and 6 of this annex (Article 107(2)(d) of Regulation (EC) No 6/2002; Article
10(3) and Article 15(4) of Regulation (EC) No 2245/2002)

25 % of the additional fees

11. Renewal fee (Article 13(1) of Regulation (EC) No 6/2002; Article 22(2)(a) of Regula-
tion (EC) No 2245/2002) per design, included or not in a multiple registration:

(a)

for the first period of renewal;

(b) for the second period of renewal;

(c)

for the third period of renewal;

(d) for the fourth period of renewal

90

120

150

180

12. Fee for the late payment of the renewal fee or the late submission of the request for
renewal (Article 13(3) of Regulation (EC) No 6/2002; Article 22(2)(b) of Regulation
(EC) No 2245/2002)

25% of the renewal fee

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13. Fee for the application for a declaration of invalidity (Article 52(2) of Regulation

350

(EC) No 6/2002; Article 28(2) of Regulation (EC) No 2245/2002):

(in euro)

14. Appeal fee (Article 57 of Regulation (EC) No 6/2002; Article 35(3) of Regulation

800

(EC) No 2245/2002)

15. Fee for restitutio in integrum (Article 67(3) of Regulation (EC) No 6/2002)

200

16. Fee for the recording of the transfer of an application for a Community design
(Articles 34(2) and 107(2)(f) of Regulation (EC) No 6/2002; Article 23(7) of Regula-
tion (EC) No 2245/2002)

17. Fee for the registration of the transfer of a registered Community design (Article
107(2)(f) of Regulation (EC) No 6/2002; Article 23(3) of Regulation (EC) No 2245/
2002)

18. Fee for the registration of a licence or another right in respect of a registered
Community design (Article 107(2)(g) of Regulation (EC) No 6/2002; Article 23(3)
and Article 24(1) of Regulation (EC) No 2245/2002) or an application for a
Community design (Articles 34(2) and 107(2)(g) of Regulation (EC) No 6/2002;
Article 23(3); Article 24(1) and Article 24(4) of Regulation (EC) No 2245/2002):
(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

19. Fee for the cancellation of the registration of a licence or other right (Article
107(2)(h) of Regulation (EC) No 6/2002; Article 26(3) of Regulation (EC) No 2245/
2002)

200 per design subject to a
maximum of 1 000 where
are
multiple
submitted in the same appli-
cation for recording of the
transfer or at the same time

requests

200 per design subject to a
maximum of 1 000 where
multiple
are
submitted in the same appli-
cation for registration of the
transfer or at the same time

requests

requests

200 per design subject to a
maximum of 1 000 where
multiple
are
submitted in the same appli-
cation for registration of a
licence or another right or
at the same time

200 per cancellation subject
to a maximum of 1 000
where multiple requests are
submitted in the same appli-
cation for cancellation of the
registration of a licence or
other right or at the same
time

20. Fee for the issue of a copy of the application for a registered Community design
(Article 107(2)(n) of Regulation (EC) No 6/2002; Article 74(5) of Regulation (EC)
No 2245/2002), a copy of the certificate of registration (Article 107(2)(e) of Regula-
tion (EC) No 6/2002; Article 17(2) of Regulation (EC) No 2245/2002), or an extract
from the register (Article 107(2)(i) of Regulation (EC) No 6/2002; Article 69(6) of
Regulation (EC) No 2245/2002):

(a) uncertified copy or extract;

(b) certified copy or extract

21. Fee for the inspection of the files (Article 107(2)(j) of Regulation (EC) No 6/2002;

Article 74(1) of Regulation (EC) No 2245/2002)

10

30

30

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22. Fee for the issue of copies of file documents (Article 107(2)(k) of Regulation (EC)

No 6/2002; Article 74(5) of Regulation (EC) No 2245/2002):

(a) uncertified copy;

(b) certified copy,

plus per page, exceeding 10

23. Fee for the communication of information in a file (Article 107(2)(l) of Regulation

(EC) No 6/2002; Article 75 of Regulation (EC) No 2245/2002):

plus per page, exceeding 10

24. Fee for the review of the determination of the procedural costs to be refunded
(Article 107(2)(m) of Regulation (EC) No 6/2002; Article 79(4) of Regulation (EC)
No 2245/2002).

(in euro)

10

30

1

10

1

100