THE PRESIDENT OF THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS),
Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, and in particular Article 119 (2) (a) thereof,
Having regard to Commission Regulation (EC) No 2869/95 of 13 December 1995 on the Fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs), and in particular Article 5 (2) and Article 8 (2) thereof,
Whereas a system of current accounts in order to facilitate payment of fees and charges to the Office was established by Decision No EX-96-1 of the President of the Office of 11 January 1996,
Whereas Decision EX-96-1, in view of experiences gained, should be clarified as concerns the payment of the basic fee and class fees for the application of a Community trade mark,
Whereas holders of current accounts should not be placed in a less favourable position than those paying by other means as concerns the point in time when the current account is to be debited,
HAS ADOPTED THE FOLLOWING DECISION:
Decision No EX-96-1 of the President of the Office of 11 January 1996 (OJ OHIM 1996, p. 48) is amended as follows:
With the carrying out of the debit of the current account the payment of the fee or charge shall be deemed to have been made:
"(1) If, at the point in time on which instructions to debit the current account are given, the account lacks sufficient funds to cover the payment of a aprticular fee due, the holder of the account shall be notified."
This Decision shall be published in the Official Journal of the Office.
This Decision shall enter into force on 1 August 1996. It shall be applied as from 1 April 1996.
Done at Alicante, 30 July 1996