On 23 March 2016 OHIM became EUIPO, European Union Intellectual Property Office. The old Community trademark is no more called like that, in short CTM, and it is now called European Union Trademark, in short MUE for Italian-speaking people and EUTM for English-speaking people.
The changes are many and we will try to explain in brief the most relevant ones.
FILING FEES
The filing fees have changed. We now enter into a “single class” system, so one fee is paid for each class of goods or services that is indicated at the moment of the filing, while before an initial fee was paid that included three classes and then an additional fee for each class over the third was foreseen. The new system offers the possibility of saving to anyone who files a trademark application in a single class, while it is more expensive for anyone who files a trademark application in three classes and, likewise, for anyone who files a trademark application in two classes. The following are the new amounts for the fees: 850,00 Euros for the filing fee and for the first class; 50,00 Euros for the second class; 150,00 Euros for each class from the third onwards.
Moreover, it is no more possible to file a European Union trademark with the national trademark office of a member state. The trademark can only be filed with the EUIPO.
TRADEMARK RENEWAL
Also in this case the fees have changed, which are the ones indicated above for the filing and are therefore much lower with respect to the preceding ones. To renew a trademark, therefore, is more convenient, but it is necessary to pay attention to the deadline. For the trademarks that must be renewed after 23 March 2016 the renewal must be made prior to the ‘date of expiry’ and no more until the end of the month in which the registration of the mark was due to expire. Likewise, the 6-month grace period starts to count from the day following the date of expiry. Consequently, an old Community trademark filed on 15 May 2006 can be renewed by, and no later than, 15 May 2016 (and not by 31 May anymore) and eventually paying a surcharge by, and no later than, 15 November 2016 (and not by 30 November anymore).