Glossary of Statuses
 
 

1. CTM application Received

An application for a Community Trade Mark (CTM) has been filed within the Office.

2. Filing Date provisionally granted

After having checked that all the conditions of Rule 9 of the Implementing Regulation and Article 26 of the Community Trade Mark Regulation are met, the date of the reception at the Office or a National Office is granted as the filing date.

These conditions are:

  • A request for registration of a CTM
  • An identified applicant
  • A sign capable of being represented graphically
  • A list of goods and services

The filing date is provisional until the fee is paid.

3. Classification pending

Examination of the classification of goods and services proposed by the applicant: In this process there may be exchanges between the examiner and the applicant or his/her representative because of a disagreement in the classification procedure. If after the examination of the classification by the examiner, new classes result, the applicant might have to pay a supplementary fee.

4. Classification completed

Classification of goods and services of the CTM application has been approved, and the examination procedure continues.

5. Formalities pending

During this stage the examiner of formalities checks that all other formalities are in the file and this also includes the appointment of a representative when it is compulsory. Article 88 of the Regulation requires the appointment of a representative when the applicant has no domicile, no principal place of business or a real and effective industrial or commercial establishment in the European Union.

6. Formalities completed

The CTM application has passed the examination of formalities.

7. Absolute Grounds pending

Examination of the absolute grounds. In this process there may be exchanges between the examiner and the applicant or his/her representative because of a disagreement in the interpretation of the legislation. The application might be totally or partially rejected after this examination.

8. CTM application pending publication

The CTM application has been examined under Absolute Grounds and has not encountered any problem; it is therefore going to be published in the bulletin.

9. CTM application Published

The CTM application has been published in Part A of the CTM bulletin. Details are available in the Publication Section in the CTM Detailed page.

10. CTM application opposed

After publication in the Bulletin, the CTM application has been opposed on the basis of any of the rights foreseen in Article 8 of the CTM Regulation, such as an earlier National right, an earlier International right, an earlier CTM, etc. At this stage other statuses can be found under the Opposition Section.

10.1 Key-in of opposition

An opposition against a CTM has been filed.

10.2 Admissibility Check OK

The Opposition has been checked and is admissible.

10.3 Cooling Off Period

This is the period of time in which the parties can negotiate a private agreement. This time is normally a two month period but can be extended at the request of either party.

10.4 Commencement of Proceedings

The cooling off period has expired and the opposition proceedings can start.

10.5 Agreement between the Parties

The parties have reached a friendly settlement.

10.6 Opposition closed – CTM rejected by ED

The CTM application is rejected by the Examination Division on absolute grounds, after receipt of third party observations in accordance with Article 41 of the CTM Regulation. The opposition is closed without any decision.

10.7 Opposition closed – CTM withdrawn

The applicant has decided to withdraw its application after an opposition.

10.8 Opposition closed – CTM limited

The CTM has been limited by the applicant and will proceed to registration for its limited goods or services.

10.9 Opposition closed – CTM rejected in part

A decision on substance has been issued by the Office. The opposition is accepted for certain goods or services contained in the CTM application. This application can proceed to registration for the remaining list of goods and services. The appeal process has ended and the parties cannot appeal the decision.

10.10 Opposition closed – Opposition withdrawn

The opponent has decided to withdraw the opposition and the application can proceed to registration.

10.11 Opposition closed – CTM rejected

The opposition was successful in its entirety and the CTM application is rejected. The appeal process has ended and the parties cannot appeal the decision.

10.12 Opposition closed – Opposition rejected

The opposition fee has not been paid and the application can proceed to registration. The appeal process has ended and the parties cannot appeal the decision.

10.13 Opposition not duly entered

The opposition fee has not been paid and the application can proceed to registration.

11. CTM application opposed – Opposition procedures closed

The CTM application has been opposed by one or various oppositions (see Opposition Section). The opposition proceedings have ended and the CTM application can now proceed to registration..

12. CTM application refused

The application was not accepted during the examination phase. The refusal could have been based on formalities, classification or absolute grounds. The applicant is still able to appeal this decision.

13 Registration of CTM pending

The application is in the process of being registered. If everything is satisfactory the registration will be published in Part B of the Trade Mark Bulletin.

14. Registration Fee Paid

The Registration fee has been paid and the CTM is registered. To complete the procedure, the CTM has to be published in Part B of the CTM Bulletin.

15. Registration Published

The Registration of the CTM has been published in Part B of the Community Trade Mark Bulletin

16. CTM Decision Appealed

An appeal has been filed against a final decision taken during the examination of the CTM application and the case is being dealt with by the Boards of Appeal.

17. Opposition Decision Appealed

An appeal has been filed against a decision taken during the examination of the opposition and the case is being dealt with by the Boards of Appeal.

17.1 Key-in of Appeal

The appeal is being entered in the database.

17.2 Appeal Formalities

The appeal is being processed in accordance with articles 57-61 of the CTM Regulation.

17.3 Appeal being processed by a Board

The Registrar has forwarded the file to the specific Board for examination.

17.4 Decision notifying Parties

A final decision has been taken by the Board and has been sent to the parties. If the parties are not in agreement with the decision they may appeal before the Court of First Instance (CFI) in Luxembourg .

17.5 CFI or ECJ process pending

A decision of the Boards of Appeal is challenged before the Court of First Instance or the judgment of the CFI is challenged before the ECJ.

17.6 Appeal Closed

The appeal file is closed.

18. CTM Application Withdrawn

The applicant has decided not to proceed with the CTM application.

19. CTM Registration Surrendered

The CTM has been surrendered in respect of some or all of the goods or services for which it is registered.

20. Conversion Requested

If the CTM is refused, withdrawn or deemed to be withdrawn, the applicant for or the proprietor of a CTM application may request the conversion of his CTM into a national trade mark application. If the conversion request is accepted it will keep the filing date of the CTM application.

21. Cancellation Pending

A cancellation request has been filed with the Office against a registration of a CTM. The cancellation can be based on bad faith, on absolute grounds or on relative grounds. The examination of the merits of the cancellation may take some months.

22. CTM registration cancelled

The request for cancellation was successful and the CTM is cancelled.

23. Interruption of Proceedings

Before publication the proceedings can be interrupted in certain circumstances like bankruptcy.

24. CTM registration lapsed

The CTM has not been renewed and has lapsed.

24.1 Need to renew communicated

A Notification of Expiry has been issued to the representative of the CTM owner or to the CTM owner if no representative is on the record.

24.2 Renewal request received

The OHIM has received a request for renewal of the CTM.

24.3 Renewal fee paid

A renewal request has been received and payment has been confirmed.

24.4 Deficiency in relation to renewal

A letter has been issued to the CTM owner's representative, or to the CTM owner if no representative is on record, informing them of a deficiency in the CTM renewal application which must be remedied within two months.

24.5 Renewed

The renewal of the CTM has taken effect.

24.6 Lapsed

The CTM has not been renewed and has therefore lapsed.


Glossary of Statuses for International Registrations designating the EC

1. International registration received

An IR designating the EC has been notified by WIPO to the OHIM.

2. Formalities check

The examiner checks that a second language has been indicated, examines seniority claims and verifies the payment of fees. He proceeds to carry out searches pursuant to Article 39 CTMR.

3. Absolute grounds check

The examiner carries out examination on absolute grounds for refusal.

4. Absolute grounds OK

The IR designating the EC has been examined on absolute grounds and no objection has been raised.

5. International registration refused on absolute grounds

The IR designating the EC has been definitively refused due to formalities deficiencies or the existence of absolute grounds for refusal. The applicant cannot appeal against this decision as it has become final.

6. Opposition period open

A three-month period during which oppositions against the IR may be filed at the OHIM.

7. Opposition pending

The IR designating the EC has been opposed based on one of the earlier rights foreseen in Article 8 CTMR.

8. International registration refused on relative grounds

The IR designating the EC has been definitively refused due to successful opposition. The applicant cannot appeal against this decision as it has become final.

9. International registration accepted

The IR designating the EC has been definitively accepted.

10. Renewed

The IR designating the EC has been renewed for a further period of 10 years.

11. IR decision appealed

An examination decision refusing the international registration designating the EC been appealed before the Boards of Appeal.

12. Opposition decision appealed

The decision to refuse the international registration designating the EC based on an opposition has been appealed before the Boards of Appeal.

13. Removed from the register

The IR designating the EC has been removed from the International Register.