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New EU trade mark law: trade mark renewal refund

New EU trade mark law: trade mark renewal refund

For all trade mark owners and trade mark practitioners: the EU trade mark reform package was approved by the European Parliament. The new CTM Regulation will enter into force on 23 March 2016. The new EU trade mark law has significant implications for trade mark owners and their portfolios. 

One of the key changes (and good news for all trade mark owners!) is that the renewal fees for Community Trade Marks (the new name will be: European Union trade mark, i.e. EU trade mark) will go down. There was some uncertainty about when to renew current Community Trade Marks and whether it was better to delay renewals in view of this fee change. 

However, OHIM recently published Communication 2/2016 of the President of the Office regarding the calculation of the amount of renewal fees in which this uncertainty is taken away: “Community trade marks expiring on or after 23 March 2016 will be subject to the new renewal fees (…), even in the event that renewal was requested and paid for before the entry into force of this Communication”.

This means that those trade mark owners that have already renewed their Community Trade Mark will be refunded any excess renewal fees.

Linda Brouwer