Inspection of Files and Copies - Notes and Application Form
1. General remarks2.1 Applicant
2.2 Representative
2.3 Total number of pages
2.4 Applicant/representative reference
2.5 Identification of the file
2.6 Type of document(s)/request
2.7 Payment of fees
2.8. Signature
After the publication of the Community trade mark application,
the files relating to this application and the resulting trade mark may be inspected
on request.
The files relating to Community trade mark applications which have not yet been
published shall not be made available for inspection without the consent of
the applicant. However, if the person applying for inspection can prove that
the applicant for a Community trade mark has stated that after the trade mark
has been registered he will invoke the rights under it against him, that person
may obtain inspection of the files prior to the publication of that application
and without the consent of the applicant.
Inspection of files covers any of the following: application
for certified and uncertified copies or
extracts of Community trade mark and design applications or registrations; certified
and uncertified
copies of file documents; communications of information; in situ inspection.
However, certain documents in the file may be withheld from inspection in accordance with the provisions in force.
A form is made available by the Office for Harmonization in the Internal Market pursuant to Rule 83(2) of Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark (CTMIR) and Article 68(2) of Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs (CDIR).
The form may be obtained free of charge from the OHIM and may be downloaded from the OHIM's website (http://oami.europa.eu). The form may also be copied freely.
Applicants or their representatives may use forms of a similar structure or format, such as forms generated by computers on the basis of the information contained in the application form.
Where such electronically generated forms are used, the use of attachments may be avoided by simply extending the electronic version where further space is required.
It is recommended that the form be completed as far as possible, at the time of filing. This will facilitate and expedite the handling of the application.
For any information, the OHIM may be contacted on the following telephone number: (34) 965 139 100.
Completed forms should be sent directly to the OHIM in Alicante. Forms, as well as any other communication related thereto, sent by mail should be addressed as follows:
Office for Harmonization in the Internal Market
Receiving Unit
Avenida de Europa, 4
E-03008 Alicante, SpainCommunications sent by special delivery, such as courier services, should be sent to:
Office for Harmonization in the Internal Market
Receiving Unit
Avenida de Europa, 4
E-03008 Alicante, SpainCommunications by fax should be sent to the following fax number of the OHIM:
+34 965 131 344Where communications are sent by fax, confirmation copies are not necessary and not recommended. The OHIM will request further information should the communication sent by fax prove to be insufficient.
If the inspection of files you wish to make involves a CTM or RCD that is still at application stage (i.e. it has not yet been registered), you must apply for the inspection in the language in which the CTM or RCD application was filed, which may be any of the 20 official languages of the European Union, or in the second language indicated by the CTM or RCD applicant, which must be one of the five languages of the OHIM.
If the inspection involves a CTM or RCD that is registered, you must use one of the five languages of the OHIM.
If the applicant has previously been allocated an ID number by the OHIM, it is sufficient to indicate that ID number and the name. Otherwise, the applicant has to be identified by indicating its name together with its address and nationality and/or state of incorporation.
An application for inspection may be made by the CTM applicant/proprietor, the RCD applicant/holder, or the representative of either of those parties, at any time during the registration procedure and after registration.Any third party may apply for inspection of files, provided that:
• the file documents for which inspection is sought do not concern the exclusion of or
objection to a member of the OHIM taking part in proceedings;
• the file documents for which inspection is sought do not relate to documents used for the preparation of decisions and opinions;
• the file documents for which inspection is sought are not indicated as being confidential. Should the file documents be indicated as confidential, the applicant for inspection must establish that he or she has an overriding legitimate interest in obtaining inspection;
• the CTM application has been published in Part A of the Community Trade Marks Bulletin, or the RCD is not awaiting deferred publication. Should the CTM application still be awaiting publication, or the publication of the RCD be deferred, the applicant for inspection may nevertheless obtain inspection where he or she brings forward evidence that:
- the CTM or RCD applicant has consented to the inspection;
- the CTM or RCD applicant has stated that after the mark or design has been registered he or she will invoke the rights under it against the person requesting the inspection.You should indicate whether you are a legal entity or equivalent (e.g. a company, a partnership, etc) or a natural person (e.g. individuals). The name of the legal entity should include its legal form (“Limited”, “Sociedad Anónima”, “Aktiengesellschaft”, etc) abbreviated in the customary manner (“Ltd.”, “S.A.”, “AG”, etc).
The postal address (e.g. a PO box number) need only be given if it is different from the address given for the inspection applicant.
Representation is not mandatory for the filing of the application for inspection of files.
Please calculate the total number of pages you are sending the OHIM, including continuation sheets, annexes, schedules and the first page of the Application for an Inspection of Files form, and insert this figure in the box at the top left-hand side of the first page of the form.
2.4 Applicant/representative reference
Applicants or representatives may indicate their own reference of no more than 20 characters in the space provided. e.g.: initials, string of letters, etc.
The OHIM will use this reference to verify fee payment (i.e. to check that a payment corresponds to a given application).
2.5 Identification of the file
Please indicate, by inserting one number only, whether you wish to make an application for inspection affecting a Community trade mark application or registration or a Community design application or registration. Please use a separate form for each inspection request lodged before the OHIM.
2.6 Type of document(s)/request
In the left-hand column, please insert the number of copies, extracts or requests for information relating to file documents for which you wish to apply.
On the right-hand side of the page, you should indicate, by ticking the appropriate box, whether you wish the relevant copies, extracts or information applied for to be certified by the OHIM or whether uncertified copies will suffice. Should your request be for a mixture of certified and uncertified copies, you should tick both the "Certified" and "Uncertified" columns on the right hand side of the page. Beside the tick you should insert the relevant number of copies (for example, next to a request for 10 Copies of the Community Trade Mark Application Form, you could insert under "Certified" 5 and under "Uncertified" 5).
Please note that technically-speaking, the CTM or RCD Register only comes into existence once the CTM or RCD has been registered. Prior to that moment, the relevant data and file documentation is stored in the corresponding electronic database (Euromarc or Eurodesign). In reality, the difference between the database and the register is only semantic since the relevant part of the electronic database in which the application and its files are stored will simply be referred to as the register upon registration of the CTM or RCD in question. This explains why the form refers to "extract from the database" and "extract from the Register". You should complete the box marked "Specification" to indicate any special requirements regarding the following:
- data to appear in an extract;
- copies of file documents (in particular specifying which ones you want);
- information in a file (in particular specifying what sort of information is needed);
- in situ inspection (in particular whether you wish to inspect proof of use materials which may be held by the OHIM);
- any other document(s) you require. Continuation sheets may be used by ticking the appropriate box.
Please note that all applications for inspection of files incur a fee. Those fees must be paid as soon as possible, since the request will be deemed not to have been made and will not be examined until that fee is paid. The scale of fees is as follows:
-certified copies or extracts of the CTM or RCD application or registration: € 30
-uncertified copies of extracts of the CTM or RCD application or registration: € 10
-certified copies of file documents: € 30 additional fee per page exceeding 10 € 1
-uncertified copies of file documents: € 10 additional fee per page exceeding 10 € 1
-communication of information in a file: € 10 additional fee per page exceeding 10 € 1Payment (all bank charges to be met by the payer who should instruct the bank accordingly) can be effected by:
- Debiting a current account held with the OHIM, indicating the number of that account;
- Making a transfer, in euro, to a bank account of the OHIM, indicating the name, address and reference number of the applicant or representative, and the inspection to which the payment refers as well as the date on which the transfer was made;
- Physically coming to the OHIM and making a payment by credit card (Visa, Mastercard, Eurocard and JCB).Current accounts may be opened by applying in writing to the OHIM at the following address:
Office for Harmonization in the Internal Market
Finance Department
Avenida de Europa, 4
E-03008 Alicante, Spain
Telephone: (34) 965 139 340
Fax: (34) 965 139 113Transfers should be made to one of the following OHIM bank accounts:
Banco Bilbao Vizcaya Argentaria
0182-5596-90-0092222222
Swift code (BIC): BBVAESMM
IBAN ES88 0182 5596 9000 9222 2222La Caixa
2100-2353-01-0700000888
Swift code (BIC): CAIXESBB
IBAN ES03 2100 2353 0107 0000 0888
The application form must be signed and the name of the signatory must be indicated.
The OHIM will send any documentation requested by ordinary mail. Those applicants for inspection who wish to receive documents urgently must make their own arrangements for alternative dispatch (such as, courier service).