Source: EURLEX
Language: en
Format: md

1995R2869 — EN — 27.10.2003 — 001.001 — 1

**This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents**

**►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) and
Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 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)**

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 on
the 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 in
accordance with the procedure laid down in Article 141 of the Regulation;

Whereas Article 139 (1) of the Regulation provides that the fees regulations 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 in
respect thereof is in principle sufficient for the budget of the Office for
Harmonization 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 the
European Communities, in accordance with Article 134 (3) of the
Regulation;

Whereas the basic fee for the application for a Community trade mark
shall include the amount which the Office must pay to each central
industrial property office of the Member States for each search report
provided by such offices in accordance with Article 39 (4) of the Regulation;

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 of
services it may render, the charges for access to the Office's data bank
and the making available of the contents of this data bank in machinereadable 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 payment
which 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 the
budget of the Office;

Whereas the budget of the Office is fixed in ecus;

Whereas, moreover, the fixing of these amounts in ecus avoids discrepancies 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;

( [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.

- **B**

1995R2869 — EN — 27.10.2003 — 001.001 — 3

Whereas the measures envisaged in this Regulation are in accordance
with the opinion of the Committee established under Article 141 of
the 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 ◄)_

- **B**

- **M1**

- **B**

1995R2869 — EN — 27.10.2003 — 001.001 — 4

_(in ►_ **M1** _EUR ◄)_

- **B**

- **M1**

- **B**

_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 Office
as 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 accordance with paragraphs 1 and 2 shall be published in the Official
Journal 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 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.

1995R2869 — EN — 27.10.2003 — 001.001 — 5

_(in ►_ **M1** _EUR ◄)_

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- **B**

_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.

- **M1**

_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.

- **B**

_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 the
Office to establish immediately the purpose of the payment. In particular, 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 registration number and the name of the proprietor of the Community trade
mark 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 the
person does not comply with this request in due time, the payment
shall be considered not to have been made. The amount which has
been 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 a
bank 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 — 7

- **B**

2. Where the President allows, in accordance with the provisions 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, under the provisions of 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;

(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 condition according to sub-paragraph (a) has been fulfilled not later than
10 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 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 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 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.

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 making
the payment the opportunity to pay the amount lacking or, where this
is considered justified, overlook any small amounts lacking without
prejudice 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.

- **M1**

_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 International
Bureau an individual fee for the designation of the European Community in accordance with Article 8(7) of the Madrid Protocol.

1995R2869 — EN — 27.10.2003 — 001.001 — 8

- **M1**

2. The holder of an international registration who files a request for
territorial extension designating the European Community made subsequently 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 Madrid
Protocol.

3. The amount of the fee under paragraph 1 or 2 shall be the equivalent in Swiss Francs, as established by the Director General of the
World Intellectual Property Organization pursuant to Rule 35(2) of the
Common Regulations under the Madrid Agreement and Protocol, of the
following 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 International
Bureau, as a part of the fees for a renewal of the international registration, an individual fee for the designation of the European Community
in 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 of
the World Intellectual Property Organization pursuant to Rule 35(2) of
the Common Regulations under the Madrid Agreement and Protocol, of
the 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 international
registration 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 plus
EUR 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 to
be refunded pursuant to Article 149(4) or Article 151(4) of the Council
Regulation (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 international
registration 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 registration exceeding three.

2. Where the refusal is for only part of the goods and services
contained in the designation of the European Community, the amount
of 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 would
have been payable under Article 11(3) of this Regulation if the designation of the European Community had included only those goods and
services for which the international registration remains protected in
the European Community.

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- **M1**

3. The refund shall be made once the communication to the International 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 registration 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.

- **B**

_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.