Commission Regulation (EC) No 1687/2005 of 14 October 2005 amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) with regard to adapting certain fees Text with EEA relevance
Date: 2005-10-14
Institutions: European Commission
Subjects: EU trade mark, European Union Intellectual Property Office, registration tax

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Official Journal of the European Union

15.10.2005

COMMISSION REGULATION (EC) No 1687/2005

of 14 October 2005

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

year. This sum should be divided between the application
and registration fees on the one hand, and the renewal
fee on the other. Moreover, a lower
fee should be
provided for if the application is made electronically.

Having regard to Council Regulation (EC) No 40/94 of 20
December 1993 on the Community trade mark (1), and in
particular Article 139(3) thereof,

(6)

Fluctuations in the main indicators should be monitored
regularly in order to ensure that revenue is balanced with
expenditure.

Whereas:

(1)

(2)

(3)

(4)

Article 139(2) of Regulation (EC) No 40/94 lays down
that the amounts of the fees payable to the Office for
Harmonization in the Internal Market (Trade Marks and
Designs) (hereinafter referred to as ‘the Office’) are to be
fixed at such a level as to ensure that the revenue in
respect
is
balanced.

to ensure its budget

is sufficient

thereof

increase

A considerable
revenue is
expected in the medium term, as a result, in particular,
of the payment of renewal fees for Community trade
marks.

in the Office’s

The accession of
the European Community to the
Protocol relating to the Madrid Agreement concerning
registration of marks approved by
the international
Council Decision 2003/793/EC (2)
(hereinafter referred
to as the ‘Madrid Protocol’) and the administration of
the electronic registration procedure should simplify the
said procedure and decrease its costs. The efficiency of
the Office’s management should also reduce expenditure.

the budget

A reduction in fees would therefore be an appropriate
measure for ensuring that
is balanced as
required, while fostering access to the system for users.
Nonetheless,
that a slight
it should be pointed out
surplus is always justified, as it makes it possible to
deal with more or less unforeseeable situations as they
arise, and to avoid undesirable deficits.

(5)

It would therefore be justified to modify the fees by an
overall total of approximately EUR 35 to 40 million per

(7)

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

should

(8)

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 Harmonization in the Internal
Market (Trade Marks and Designs),

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The table in Article 2 shall be amended as follows:

(a) Point 1 shall be replaced by the following:

‘1. Basic fee for the application for an individual

mark [Article 26(2), Rule 4(a)]

900’.

(b) The following point 1b shall be inserted:

‘1b. Basic fee for the application for an indi-
vidual mark by electronic means [Article
26(2), Rule 4(a)]

750’.

(1) OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation

(EC) No 4221/2004 (OJ L 70, 9.3.2004, p. 1).

(2) OJ L 296, 14.11.2003, p. 20.

(3) OJ L 303, 15.12.1995, p. 33. Regulation as last amended by Regu-

lation (EC) No 1042/2005 (OJ L 172, 5.7.2005, p. 22).

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(c) Points 2 to 4 are replaced by:

3. Article 8 is amended as follows:

‘2. Fee for each class of goods and services
an individual mark
for

exceeding three
[Article 26(2), Rule 4(a)]

3. Basic fee for the application for a collective
mark [Article 26(2) and Article 64(3), Rule
4(a) and Rule 42]

4. Fee for each class of goods and services
collective mark
for
exceeding
[Article 26(2) and Article 64(3), Rule 4(b)
and Rule 42]

three

a

(a)

In paragraph 1, points (b) and (c) are deleted.

(b) In paragraph 3, points (a)(i) and (a)(iii) are deleted.

4. In Article 11(3), points (a) and (b) are replaced by the

following:

150

1 300

300’.

‘(a) for

an individual mark: EUR 1 450 plus, where
each class of goods or

applicable, EUR 300 for
services exceeding three;

(d) Points 7 to 10 are replaced by:

‘7. Basic fee for the registration of an indi-
vidual mark [Article 45, Rule 23(1)(a)]

8. Fee for each class of goods and services
exceeding three for an individual mark
[Article 45, Rule 23(1)(b)]

850

150

9. Basic fee for the registration of a collective
mark [Article 45, Rule 23(1)(a)] and Rule
42]

1 700

(b)

for a collective mark as referred to in Rule 121(1) of
Commission Regulation (EC) No 2868/95: EUR 2 700
plus, where applicable, EUR 600 for each class of goods
or services exceeding three.’

5. In Article 12(2), points (a) and (b) are replaced by the

following:

‘(a) for an individual mark: EUR 1 200 plus EUR 400 for
each class of goods and services contained in the inter-
national registration exceeding three;

10. Fee for each class of goods and services
exceeding
collective mark
for
[Article 45 and Article 64(3); Rule 23(1)(b)
and Rule 42]

three

a

(e) Points 12 to 15 are replaced by:

‘12. Basic fee for the renewal of an individual
mark [Article 47(1), Rule 30(2)a)]

12a. Basic fee for the renewal for an individual
mark by electronic means [Article 47(1),
Rule 30(2)a)]

13.

14.

15.

Fee for the renewal of each class of goods
and services exceeding three for an indi-
vidual mark [Article 47(1), Rule 30(2)(b)]

Basic fee for the renewal of a collective
mark [Article 47(1) and Article 64(3);
Rule 30(2)(a) and Rule 42]

services

Fee for the renewal of each class of goods
a
exceeding
and
collective mark [Article 47(1) and Article
64(3); Rule 30(2)(b) and Rule 42]

three

for

2. In Article 5(1), points (b) and (c) shall be deleted.

300’.

(b)

for a collective mark as referred to in Rule 121(1) of
Commission Regulation (EC) No 2868/95: EUR 2 700
plus EUR 800 for each class of goods and services
registration exceeding
contained in the international
three.’

1 500

1 350

400

3 000

800’

6. In Article 13(1), points (a) and (b) are replaced by the

following:

‘(a) for an individual mark: EUR 850 plus EUR 150 for each
class of goods and services contained in the international
registration exceeding three;

(b)

for a collective mark: EUR 1 700 plus EUR 300 for each
class of goods and services contained in the international
registration exceeding three.’

Article 2

If the amounts of the fees described in articles 2, 11 and 12
change, the following transitional rules shall apply:

1. The amount of the application fee for Community trade
marks, including, where applicable, fees for classes, shall be
that which is laid down by the Regulation in force at the
time that the application is filed in accordance with Article
25(1)(a) or (b) of Regulation (EC) No 40/94.

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2. The amount of the registration fee for Community trade
marks, including, where applicable, class fees, shall be that
which is laid down by the Regulation in force at the time
that the notification described in Rule 23(2) of Regulation
(EC) No 2868/95 is sent.

4. The amount of the fees provided for in Articles 11 and 12
shall be fixed in accordance with the common regulations
under the Madrid agreement concerning the international
registration of marks and the Protocol
relating to that
agreement.

3. The amount of the fee to be paid for submitting any other
application or for initiating any other act shall be that which
the time of
is laid down by the Regulation in force at
payment.

This Regulation shall enter into force on the seventh day
Journal of the
following that of its publication in the Official
European Union.

Article 3

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

Done at Brussels, 14 October 2005.

For the Commission

Charlie McCREEVY
Member of the Commission