Commission Regulation (EC) No 1042/2005 of 29 June 2005 amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)   (Text with EEA relevance)
Date: 2005-06-29
Institutions: European Commission
Subjects: EU trade mark, European Union Intellectual Property Office, registration tax

L 172/22

EN

Official Journal of the European Union

5.7.2005

COMMISSION REGULATION (EC) No 1042/2005

of 29 June 2005

amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the
Internal Market (Trade Marks and Designs)

(Text with EEA relevance)

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), and in particular Article 139 thereof,

Whereas:

(1)

(2)

(3)

(4)

According to the Regulation (EC) No 40/94, as implemented by Commission Regulation (EC) No
2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community
trade mark (2), additional fees concerning search reports, division of a trade mark application or
registration and continuation of proceedings should be established. The amounts of those new fees
should be fixed.

The search regime becomes optional from 10 March 2008 as provided for in Article 2 paragraph 2
of Council Regulation (EC) No 422/2004. From that date, the additional fee for national search
reports should apply.

Commission Regulation (EC) No 2869/95 (3) should therefore be amended accordingly.

The measures provided for in this Regulation are in accordance with the opinion of the Committee
on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmo-
nization in the Internal Market (trade marks and designs),

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 2869/95 is amended as follows:

Article 1

1. the table in Article 2 is amended as follows:

(a)

the following point 1a is added:

‘1a. Search fee

(a)

a Community trade mark application

for
(Article 39(2), Rule 4(c)

(b) for an international registration designating the
and

(Articles 39(2)

European Community
150(2), Rule 10(2)

industrial property offices

The amount of EUR 12 multiplied by the number of
referred to in
central
that
paragraph 2 of Article 39 of
amount,
shall be
subsequent
and the
published by the Office in the Official Journal of the
Office’

the Regulation;

changes,

(b) point 6 is deleted;

(1) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 422/2004 (OJ L 70, 9.3.2004, p. 1).
(2) OJ L 303, 15.12.1995, p. 1. Regulation as amended by Regulation (EC) No 782/2004 (OJ L 123, 27.4.2004, p. 88).
(3) OJ L 303, 15.12.1995, p. 33. Regulation as amended by Regulation (EC) No 781/2004 (OJ L 123, 27.4.2004, p. 85).

5.7.2005

EN

Official Journal of the European Union

L 172/23

(c)

in point 13 ‘Fee for each class of goods and services exceeding three for an individual mark’ is
replaced by ‘Fee for the renewal of each class of goods and services exceeding three for an individual
mark’;

(d)

in point 15 ‘Fee for each class of goods and services exceeding three for a collective mark’ is replaced
by ‘Fee for the renewal of each class of goods and services exceeding three for a collective mark’;

(e)

in point 19 ‘Fee for restitutio in integrum’
integrum’;

is replaced by ‘Fee for the application for restitutio in

(f)

in point 20 ‘Fee for the conversion’

is replaced by ‘Fee for the application for the conversion’;

(g) points 21 and 22 are replaced by the following:

‘21. Fee for continuation of proceedings (Article 78a (1))

22. Fee for the declaration of division of a registered Community trade mark (Article

48a(4)) or an application for a Community trade mark (Article 44a(4)):

400

250’

(h) in point 23 the introductory phrase is replaced by: ‘Fee for the application for the registration of a
license or another right in respect of a registered Community trade mark (point 5 of Article 157(2),
Rule 33(1)) or an application for a Community trade mark (point 6 of Article 157(2), Rule 33(4):’;

(i)

in point 29, the following line is deleted:

‘plus per page, exceeding 10

1’

2.

in article 13, paragraph 3 is replaced by the following:

The refund shall be made once the communication to the International Bureau pursuant to Rule

‘3.
113(2)(b) and (c) or Rule 115(5)(b), (c) and (6) of Regulation (EC) No 2868/95 has been issued’.

This Regulation shall enter into force on the 20th day following that of its publication in the Official

1.
Journal of the European Union.

Article 2

2.

Point (a) of Article 1(1) shall apply from 10 March 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 June 2005.

For the Commission

Charlie McCREEVY
Member of the Commission