/ Changes in the system of registration and renewal of trademarks in the European Community

Next March 23, 2016 the new regulation on the European Union trademark will enter into force, which brings a number of changes of various kinds; from changes in nomenclature, to a number of changes related to the rates of new applications and trademark renewal applications as well as the description and specification of goods and services of the applications submitted prior to 21 June 2012 in the European Union.

Regarding the new nomenclature and the established changes, we no longer talk about the Community Trademark, but the Trademark of the European Union; we no longer talk about the Office for Harmonization in the Internal Market, but Intellectual Property Office of the European Union.

New official fees

1. New registrations

2. Applications for renewals

These fees will apply to all those subsequent renewals to 23 March 2016. If any of them has already been renewed (and expire after that date), the community trademark authority will return the overpayment.

To avoid paying additional fees the application for renewals must be submitted no later than the expiration date of the registration (It is no longer allowed to present the application on the last day of the month corresponding to the date of expiry of the registration).

3. Others

Regarding the change on the description of the coverage of goods and services of trademark applications, the current criteria of community trademark authority is that the description must be sufficiently clear and precise; and for those trademark holders submitted prior to June 21, 2012 that included in their coverage the head of the class will have a transition period from 23 March 2016 until 24 September of the same year to present a statement specifying the goods and services that the applicant sought to distinguish the time of submission of the application.

This statement does not constitute an extension to the originally requested coverage, nor should be confused with a partial resignation of coverage.

This statement does not apply to those applications that are pending on 23 March 2016.

For more information please contact internacional@alessandri.cl