OHIM to introduce fast-track examination of qualifying Community trade mark applications | Practical Law

OHIM to introduce fast-track examination of qualifying Community trade mark applications | Practical Law

OHIM has announced that, from 24 November 2014, it will implement a fast-track procedure for the examination of Community trade mark applications that fit certain criteria.

OHIM to introduce fast-track examination of qualifying Community trade mark applications

Practical Law UK Legal Update 6-588-9325 (Approx. 2 pages)

OHIM to introduce fast-track examination of qualifying Community trade mark applications

by Practical Law IP&IT
Published on 19 Nov 2014European Union
OHIM has announced that, from 24 November 2014, it will implement a fast-track procedure for the examination of Community trade mark applications that fit certain criteria.
OHIM has announced that, from 24 November 2014, it will introduce a fast track for the examination of straightforward Community trade mark applications. All applications that fulfil 14 listed criteria will automatically be allocated to the fast track, which OHIM says is likely to take half the normal time to complete the registration process. Among other requirements, qualifying applications must have a specification of goods and services that uses wording taken from the harmonised database of acceptable terms; no request for national searches; only seniority or priority claims that are accompanied by a certificate or verifiable from the TMView database; and no mark description or disclaimer. Application fees must be paid up-front.
Fast-track applications may drop out of the fast track at subsequent stages, such as where the mark is found not to be distinctive.
OHIM introduced a similar process for design applications in 2008; see Legal update, OHIM announces fast-tracking of certain Community design applications.