Fees
The fee system at the EUIPO has changed from the fee system applied by OHIM. The system has changed from a basic fee that covers up to three classes of goods and services to a ‘pay-per-class' system.
In the area of fees, the Amending Regulation introduces the following changes:
- a new one-fee-per-class system for application and renewal fees;
- an overall decrease in fees payable to the Office;
- the incorporation of the provisions of the CTM Fees Regulation into the basic regulation.
Pay for what you need
The Community trade mark included protection for three classes, costing €900 for an electronic application and €1 050 for a paper application. The Amending Regulation sees the Office move to a one-class-per-fee system. This means that in practice applicants pay a lower fee if they only apply for one class, the same fee if they apply for two, and a higher fee if they apply for three or more. Renewal fees are substantially reduced in all instances and set to the same level as application fees, and there are also reductions in opposition, cancellation and appeal fees.
Application fees (e-filing)
| CTM (old system) | Fee | EUTM (new system) | Fee |
|---|---|---|---|
| First class | €900 covers up to three classes | First class | €850 |
| Second class | Second class | €50 | |
| Third class | Third class | €150 | |
| Fourth and all subsequent classes | €150 | Fourth and all subsequent classes | €150 |
Renewal fees (e-filing)
| CTM (old system) | Fee | EUTM (new system) | Fee |
|---|---|---|---|
| First class | €1 350 covers up to three classes | First class | €850 |
| Second class | Second class | €50 | |
| Third class | Third class | €150 | |
| Fourth and all subsequent classes | €400 | Fourth and all subsequent classes | €150 |
New European Union certification mark
European Union certification marks will be introduced in 21 months' time. These will allow 'a certifying institution or organisation to permit adherents to the certification system to use the mark as a sign for goods and services complying with the certification requirements' (Article 74b EUTMR). The registration cost for an EU certification mark will be the same as for an EU collective mark, i.e. €1 800 (€1 500 e-filing); €50 for a second class; €150 for a third (and all subsequent) classes.
Other Fees
As indicated previously, there is an overall decrease of fees payable to the Office. To name a few:
| Related to an EU trade mark | Fee (old system) | EUTM (new system) |
|---|---|---|
| Opposition | €350 | €320 |
| Cancellation | €700 | €630 |
| Appeal | €800 | €720 |
New filings
The date of filing the EU trade mark application, notice of opposition, application for revocation or declaration of invalidity (cancellation) or appeal (related to EU trade marks), will determine which fee is payable (old or new system).
If the date of filing of the action is prior to the entry into force of the new regulation (i.e. prior to 23/03/2016) the old fee system will apply even if the payment is made after the entry into force of the new regulation, and this includes the calculation of any surcharge fees for late payment if applicable. If the date of filing of the action is after the entry into force of the new regulation (i.e. on or after 23/03/2016), the new fee system will apply. This stems from the principle that the action, once paid for, will take effect from the date of filing which is when it will be deemed to be entered.
By means of example, if the three month opposition period runs from 01/02/2016 – 30/04/2016, and an opposition is filed on 01/03/2016, the opponent will have to pay the old fee (350€). However, in the same example, if an opposition is filed on 15/04/2016 the opponent will have to pay the new fee (320€). The opponent may not file the opposition on 01/03/2016 and wait until 30/04/2016 to pay the new fee, because while the payment will still be within the three month opposition period, the date of filing of the notice of opposition (and its effect) was prior to the entry into force of the new regulation.