DECISION No EX-96-7 OF THE PRESIDENT OF THE OFFICE of 30 July 1996 amending Decision No EX-96-1 concerning the conditions for opening current accounts at the Office

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:

Article 1

Decision No EX-96-1 of the President of the Office of 11 January 1996 (OJ OHIM 1996, p. 48) is amended as follows:

1. Article 7 shall read as follows:
   "Article 7

   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. for the basic fee for the application of a Community trade mark: on the last day of the time limit provided for payment; if the applicant expressly requests debiting at the time of receipt of the application, on the day of receipt of the application;

   2. for the class fee for each class of goods and services beyond the third class for the application of a Community trade mark: on the day on which the Office determines the number of classes for which a class fee must be paid, when and to the extent that there is agreement between the Office and the applicant;

   3. for the fees (including class fees) for the registration of a Community trade mark: on the last day of the time limit provided for payment; if the applicant expressly requests debiting at an earlier point in time, on the day when the corresponding communication is received;

   4. for the fees (including class fees) for the renewal of the registration of a Community trade mark: on the last day of the time limit provided for payment;

   5. for all other fees: on the day of receipt of the respective application or on the day of receipt of the opposition or appeal;

   6. for charges: on the day due as laid down in the Regulation on the Fees."

2. Article 8 (1) shall read as follows:

   "(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."

Article 2

This Decision shall be published in the Official Journal of the Office.

Article 3

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

Jean-Claude COMBALDIEU
President