13. Questions and answers on e-Business

You benefit from a EUR150 reduction on the basic fee for an individual mark.
You receive confirmation of your CTM application immediately.
You benefit from on-line verification to ensure error-free filing and secure your filing date.
Entry into the registration process is faster.
You can easily print the completed application data
You can save the data locally on your PC and submit your application at a later stage

13.A.2. Do I have to register in order to use e-filing?

You can use e-filing without being registered. If you are already a registered MYPAGE user, however, the system will fill in certain fields automatically, for example contact details and language choices.

13.A.3. Can I use e-filing in all 22 EU languages?

The e-filing form is available in all the languages of the European Union, as is the case for the paper form. It is therefore possible to use any of those languages to file your CTM or RCD applications electronically.

13.A.4. What image format do I have to use for attachments? What is the maximum size of images?

For non-word marks, a representation of the mark must be provided in the form of an attachment. Only JPEG files are accepted as attachments of this type, with a maximum size of 2MB per file.

Images must be in JPG format and should conform to the following standards:

Only RGB color encoding. CMYK JPEG are not supported
Max. image size – 2008 x 2835 pixels, portrait position with a height of 24 cm and a width of 17 cm
Min. resolution – 800 x 600 pixels
DPI – 300

For all other attachments, a JPEG attachment (a scanned version of the document) and/or a PDF document (no more than 10 pages) will be accepted. The maximum size for other attachments is also 2 Mbytes.

13.A.5. How many files can I attach?

For the representation of a trade mark which is not a word mark only one file can be attached. Similarly, for all other attachments only one file may be attached.

13.A.6. How do I sign the application?

The applicant will be requested to 'sign' the electronic application before final submission. In this case, entering the name and surname and the capacity of the person signing in the appropriate place on the electronic form is deemed to be a signature.

13.A.7. Can I file a figurative mark by e-filing and if so, how?

All types of CTM may be filed electronically. In the case of a figurative mark, you should select in the first screen as type of mark: figurative. Then, when you confirm, you must attach a representation in JPEG format.

The JPG file should conform to the following standards:

Only RGB color encoding. CMYK JPEG are not supported
Max. image size – 2008 x 2835 pixels, portrait position with a height of 24 cm and a width of 17 cm
Min. resolution – 800 x 600 pixels
DPI – 300

13.A.8. Can I attach priority documents when e-filing?

Priority documents can be submitted with the e-filing application. However, this is limited to one attachment either in PDF or JPEG format with a maximum of 2MB.

13.A.9. If I use e-filing, how do I pay the fees?

Fee payment must be made in EUR, all bank charges are to be met by the applicant unless the SEPA payment system is being used. Payment of fees may be carried out by:

Credit card ( e-payment). This payment option is only available at the moment of submitting the application but not for delayed payments (within one month from the date of filing).
Debiting a current account held with the Office, indicating the number of that account.
Bank transfer to the OHIM bank account details of which are as follows:

Bank	Bilbao Vizcaya Argentaria	La Caixa
Address	Rambla Mendez Nuñez, 42 – 1ª planta E-03002 Alicante SPAIN	Calle Capitán Segarra,6, E-03004 Alicante SPAIN
Account number	0182-5596-90-0092222222	2100-2353-01-0700000888
Swift code	BBVAESMMXXX	CAIXESBBXXX
IBAN	ES88 0182 5596 9000 9222 2222	ES03 2100 2353 0107 0000 0888

The transfer date must also be entered. It is important to indicate the name, address and reference number of the applicant or representative and the application(s) to which the payment refers.

Delayed payment (for CTM applications only). Payment must be made within one month of the application date.

13.A.10. After sending my application by e-filing, can I send any missing documents electronically?

Currently, only the filing of the application or opposition can be done electronically. Any further submission of documents has to be done using the means of communication accepted by the OHIM: fax, post or hand delivery. However, if you are already a MyPage user, you can send such documents through electronic communication (see below question 13.C.1)

13.A.11. Do I receive a confirmation of receipt?

After submitting an application, a new window will open, confirming that the process has been completed successfully, and informing the applicant of the CTM application number. The time and date of sending the application will be displayed. We recommend printing the confirmation page for your records.

13.A.12. I reside in Japan . Can I file my trade mark application on-line?

Representation by a professional representative, except for filing the application, is mandatory for all applicants who have neither their domicile, principal place of business nor a real and effective industrial or commercial establishment in the European Community. Where the application is directly filed by the applicant, any further communication by the Office or with the Office must be through a representative.

Therefore, it is, in principle, possible for a Japanese resident to file a CTM application but we recommend appointing a professional representative on the application form.

13.A.13. Does en e-filing applicant from outside the EU need a representative before the OHIM?

Yes.

Representation is mandatory for all applicants that have neither their domicile, principal place of business nor a real and effective industrial or commercial establishment in the Community. Representation is not mandatory for the filing of the application.

Representation before the OHIM may be exercised by professional representatives who fall into one of the two following categories:

legal practitioners qualified in a Member State who are entitled to act in that Member State as representatives in trade mark or design matters, and who have their place of business in the European Community, or
professional representatives entered on the Professional Representative list held by the OHIM. Professional representatives entered on the list for Community trade mark matters may act for design matters.

All terms in the current version of the alphabetical list of the Nice Agreement will be inserted in each class for which you tick the box. The bulletin publication and certificate will contain the same information.

Please be aware that by covering the entire alphabetical list of items in a given class, you are increasing the likelihood of objections or conflicts with prior rights, which may lead to opposition, cancellation or infringement proceedings. If you are the losing party in any of these proceedings, this can entail loss of rights and/or additional costs. Please make sure you have consulted the list and assessed the need to cover each of the items contained therein.

13.A.15. What is the alphabetical list of the Nice classification?

The alphabetical list of the Nice classification is the most detailed level of the Nice international classification system used to classify goods and services for the purposes of the registration of marks and contains around 10,000 indications of goods and 1,000 indications of services. For further information on the alphabetical list and Nice classification in general, please consult http://www.wipo.int/classifications/nice/en/classifications.html

For an unofficial translation into all EU official languages, please consult http://oami.europa.eu/ec2/ but please note that the completeness and accuracy of these translations is not guaranteed and they should be used at your own risk.

13.A.16. Does the alphabetical list of terms cover all possible goods or services in a particular class?

No. Some terms within a class may not appear within the alphabetical list of goods or services and need to be specified separately e.g. “Retail Services” within Class 35.

13.A.17. What if, when using CTM E-Filing, I have chosen certain goods or services in a particular class, plus the entire class heading, and I tick the box?

The selected goods will disappear and will be replaced by all the general indications of the class heading and all terms of the alphabetical list of that class.

13.A.18. What to do with terms which are not covered by neither the class headings nor the alphabetical list?

The applicant can extend the list of goods and services of each class beyond the class headings and the alphabetical list. To avoid classification deficiencies additional terms can only be chosen from TMClass. The insertion of additional goods/services to the goods and services list can be done by searching and importing them from the TMClass using the functionality described in the section below: Basic Search in our database (TMClass).

13.A.19. The alphabetical list changes over time. Will this change my protection?

The applicant will receive only protection for the current valid edition of the Nice Classification at the filing date.

13.A.20. Why is this new version a “temporary solution”?

OHIM and the national IP offices and users are working under the Convergence Programme to achieve a complete harmonisation of class heading interpretation and a common database of goods and services. This project is in its final validation stage.

Chapter 13.B Answers on e-renewal

13.B.1. How can I renew my CTM electronically?

The OHIM provides two electronic tools for renewing your CTM electronically:

an electronic renewal form available to all clients
a renewal management tool for MYPAGE users (displaying all CTMs to be renewed) which provides the option of requesting an electronic renewal

13.B.2. What are the advantages of renewing my CTM electronically?

The main advantages of renewing Community trade marks electronically are as follows:

You benefit from a EUR150 reduction on the renewal fee for an individual mark.
You can renew as many CTMs as you like using one form, simply by entering the CTM numbers.
If you use the renewal manager, accessible for MYPAGE users, you can manage your renewal in your own way and quickly complete the form.

Chapter 13.C Answers on MYPAGE

13.C.1. What is MYPAGE?

MYPAGE is the personalised part of the OHIM website, offering a wide range of useful information and tools related to CTMs. A login ID and password are required to access MYPAGE.
The main services available are:

Optional electronic communication with the OHIM (via the MAILBOX)
On-line search report notification (national and Community). Notification of L109 (cover letter)
Direct access to Office tools: e-filing, e-renewal, e-opposition, CTM AGENT, CTM-ONLINE, ACCOUNT ON-LINE, OHIM case-law, and the option to save frequent searches.
Access to your personal details

13.C.2. What are the advantages of MYPAGE?

The main advantages of MYPAGE are:

A personalised page with tailored settings to view and manage your files and personal data.
Reception of all search reports via MYPAGE in PDF format.
Improved access to e-filing (as the applicant/representative is identified, the system will automatically complete all the fields related to that applicant in the e-filing form).
Access to a renewal management tool (displaying all CTMs to be renewed) together with the possibility of requesting an electronic renewal.
There is also the option to communicate electronically with the OHIM via the MYPAGE Mailbox. The user is informed by MYPAGE when there are new communications.
Access to on-line services such as CTM-ONLINE, e-filing, e-renewal using your language preferences.

13.C.3. What relation does MYPAGE have with e-filing?

While you may electronically file Community trade mark or registered Community design applications without being user of MYPAGE, accessing CTM e-filing though MYPAGE offers some benefits:

Some fields are automatically completed, for example, your preferences (1 st and 2 nd languages) and applicant/representative details. You have the possibility to change these if you so wish.
You may store and retrieve previous e-filing applications

13.C.4. Who can use MYPAGE?

Any user of the CTM system (owner or representative) can become a MYPAGE user. You need to indicate the representative or applicant ID number previously issued to you by the Office.

13.C.5. Does it cost anything?

The MYPAGE service is offered free of charge.

13.C.6. How can I register for MYPAGE?

MYPAGE requires a login procedure. In order to access MYPAGE you must log on with a login ID (username) and password.

If you indicate that you are a new user, you will be re-directed to a screen where your ID number will be requested, and you must indicate whether you are a representative or applicant. This ID number is a number which the OHIM will have issued you with in previous correspondence. When you are a new user before the OHIM , i.e. a new applicant of a CTM or RCD or a new opponent etc. and only just filed your new application, you will not be able to login as a new MyPage user immediately since the database takes up to three days to create your ID number.

If you do not remember your ID number, please click on 'Search for client ID using CTM-ONLINE'. When you have entered your ID number, click on "Submit". After checking your details, you will be asked to choose your username.

At the end of the registration process, you are re-directed to a page where you can select how you will be able to receive your initial password.

E-mail option is proposed if the OHIM has an e-mail address already specified for your ‘OHIM ID number’. If you choose this option, you will receive an e-mail explaining how you can specify your password and activate your account. Before choosing this option, check that the e-mail address is correct. The link in the e-mail will be activated within 12 hours after receipt. If not the link is automatically deactivated.

Otherwise, if the OHIM has a fax number associated with your ‘OHIM ID number’, you can choose this option and receive your initial password by fax. Before choosing this option, check that the fax number is correct.

Otherwise, you can choose to receive your initial password by post.

If none of the references are correct, please contact the Office: http://oami.europa.eu/ows/rw/pages/OHIM/contact.en.do.

Chapter 13. D Questions on Online Access to CTM Files

13.D.1. What is OAF?

OAF stands for Online Access to Community Trade Mark (CTM) files. This is a new e-Business tool that allows customers online access to all documents contained in a CTM file and allows them to save and/or print those documents. Examples of such documents are communications from the OHIM to clients, correspondence sent by clients, notices of opposition/appeal, applications for a declaration of invalidity, certificates of registration etc.

Access to these documents is subject to the provisions of Article 88 CTMR and Rule 88 CTMIR. OAF is accessible via CTM-ONLINE. Please consult the CTM-ONLINE help file Section 27. Online access to files.

13.D.2. Can I obtain certified copies of CTM documents from the Online Access to Files System?

It is not yet possible to obtain certified copies of documents through OAF. However it is possible if you make a request for inspection of files. For MYPAGE users, the form for such a request is directly accessible through OAF once you have the "Trade Mark Document List" on the screen. The link to "Request an Inspection" is in the upper right-hand corner of the screen.

If you are not a MYPAGE user you can fill in an Inspection Form available here. For more information, please click here.

13.D.3. Are there any restrictions on which CTM documents I can access?

Yes. Documents of unpublished CTM applications are only available to the owner and/or representative of that CTM. The owner/representative may view those documents by logging onto MYPAGE.

Any questions or queries relating to MYPAGE registration details and/or login problems should be sent to mypage@oami.europa.eu

Furthermore, online access to files is subject to the same rules as inspections of files. Consequently, pursuant to Rule 88 CTMIR, internal and confidential documents are not accessible. Rule 88 CTMIR reads:

"The parts of the file which shall be excluded from inspection pursuant to Article 88 (4) of the Regulation, shall be:

documents relating to exclusion or objection pursuant to Article 137 of the Regulation;
draft decisions and opinions, and all other internal documents used for the preparation of decisions and opinions;
parts of the file which the party concerned showed a special interest in keeping confidential before the application for inspection of the files was made, unless inspection of such part of the file is justified by overriding legitimate interests of the party seeking inspection."

Please see the answer above for a link to the Regulations, and in particular Article 88(4).

13.D.4. The document I wish to access is grey. What does this mean?

Coordinates that appear in grey denote documents which have a restricted access (see here), therefore only the owner and/or representative of the CTM may have access to these documents by logging onto MYPAGE.

13.D.5. Can I find documents relating to registered Community designs?

In the future this will be possible, but not at present. The OHIM website will inform users when this option is available.

13.D.6. Can I find documents relating to International Registrations?

Yes, in exactly the same way as with CTMs. However, the OHIM does not hold all IR documents - for example the application form, the register and the certificate are held at WIPO (World Intellectual Property Organization).

13.D.7. What is the best system configuration for my computer to use the OAF features?

The OHIM systems have been designed to work with most of today's operating systems: Windows, Apple Macintosh, etc. The system has been tested with the following browsers: Internet Explorer 6 or 7.x, and Firefox 2.x. We also recommend using Acrobat Reader 7 or 8.x (for PDF document viewing). OAF is best viewed in resolutions of 800x600 upwards.

13.D.8. How much will it cost me to use the OAF system?

Access to OAF is free of charge. However should you wish to make an Inspection Request (see A.2. above), then there are a standard set of charges. For fee details please click here.

13.D.9. Will e-Communications be viewable?

Yes, all e-Communications from any MYPAGE user mailbox will be available as long as they relate to a CTM which has been published and they are not confidential.

13.D.10. The documents I wish to view are very large. Will I be able to see all the pages?

The system will display 20 pages at a time for viewing, which is usually enough for the majority of CTM documents. However if your document has more than 20 pages, the system will present them to you 20 pages at a time.

13.D.11.Who do I contact if I am having problems using OAF?

The telephone number +34 96 513 9400 is your contact point for urgent issues concerning any e-business technical problems (e-filing applications, e-oppositions, e-renewals, MYPAGE, databases).

You can contact us from 7.30 to 19.30 (GMT+1). You can also send your query to the following mailbox: e-businesshelp@oami.europa.eu.

13.D.12. How can I find a specific document once I have the list associated with my CTM?

Once you have the "Trade Mark Document List" on the screen, you will see a file structure similar to that used by most applications today, which allows you to expand the folder contents pressing the + sign. All documents associated with the CTM will be accessible in this way.

13.D.13. I do not want my documents to be available online. Can I now declare them as confidential?

You must have expressly invoked a special interest in keeping a document confidential before the date on which a request for inspection of the file is filed, not necessarily at the date of submitting the document. You will, however, not be given the opportunity to invoke the confidential status of a document after a request for inspection of files has been submitted.

Chapter 13. E Questions on CTM Watch

13.E.1 What is CTM Watch?

The CTM Watch is a service available to MYPAGE registered users. It is a central point for automated monitoring of trade marks (Community trade marks or International Registrations), maintained by the OHIM. The system serves as a “personal alert” for the users of the OHIM e-business services.

13.E.2 What are the advantages of CTM-Watch?

The user does not need to monitor personally CTMs/IRs on a daily basis.
Once a CTM/IR and its status have been selected the system will check CTM- ONLINE on a daily basis and alert the user by email if the chosen status has been reached.

13.E.3 Do I need to be a MYPAGE registered user in order to use CTM-Watch?

Yes.
One of the benefits of being a MyPage user is to be able to use specific tools as CTM-Watch.

13.E.4 How does the monitoring work?

The MyPage user can chose CTMs/IRs and statuses to be monitored in the CTM Watch Settings Manager.
If the status of the chosen trade mark is changed in the internal database this change will be published in CTM-ONLINE overnight and then detected by the alert process which informs the user via email.

13.E.5 What kind of changes can I be alerted about?

With this first version of CTM Watch you will be alerted about the progress of the CTMs/IRs you chose by selecting statuses such as those that appear in CTM-ONLINE. i.e.

CTM statuses:

CTM application received
CTM application published
Registration of CTM pending
CTM registered
CTM application opposed
CTM application refused
CTM decision appealed
CTM application withdrawn
CTM registration lapsed
Conversion requested
CTM Converted
Cancellation Pending
CTM registration cancelled
Interruption of proceedings
CTM registration surrendered

IR statuses:

International registration received
Formalities Check
Absolute Grounds Check
Absolute Grounds OK
Opposition Period Open
Opposition Pending
International Registration Accepted
Renewed
IR decision appealed
International Registration Refused On Absolute Grounds
International Registration Refused On Relative Grounds

13.E.6 From what moment can I select any given CTM/IR?

You can select the CTM (or IR) from the moment it is in CTM-ONLINE.

Until what moment can I select any given CTM/IR?

There is no restriction as long as the CTM/IR appears in CTM-ONLINE.

13.E.7 My included trade mark appears in red. What do I need to do?

You included the trade mark successfully. Now you need to chose from the list of statuses which ones you wish to be alerted about. After that you need to activate the alarm by clicking on the button “Activate”.

13.E.8 The Settings Manager returns the error message “The trade mark was not found.”. What happened?

The trade mark entered must exist in CTM-ONLINE. Make sure you specified the correct trade mark type. Use the functionality “Search in CTM-ONLINE” to look up the correct trade mark number.

13.E.9 Which email address is used for the alert?

By default the email address of your MyPage user account is used.
Anyhow you can configure a different email address in the CTM Watch Settings manager.

13.E.10 Including trade marks some statuses are listed in grey. What does this mean?

Statuses that cannot be selected for alert (appearing on the screen as shaded in grey) correspond to statuses which are not applicable for the trade mark selected.

13.E.11 What happens if my trade mark goes through more than one status in a day?

You will get one email alert per status chosen in CTM Watch since the last update. Therefore you may receive multiple emails in one day.

13.E.12 When will I be alerted about a status change?

CTM Watch is based on CTM-ONLINE information therefore you will be sent your email alert when CTM-ONLINE is updated. The email alerts will not be sent out until the CTM-ONLINE data is updated.

13.E.13 Can I monitor Community Designs?

At the moment only Community trade marks and International Registrations can be selected.
Community designs cannot be monitored

13.E.14 Can I monitor any other changes made to Community trade marks?

No. At the moment changes on Community trade marks like transfers, surrender, alterations to the representative, licenses, Applications for Revocation and Declaration of Invalidity, etc. cannot be monitored.

13.E.15 How much will it cost me to use the CTM Watch system?

The CTM Watch service is free of charge.

13.E.16 Is there a limit to the number of trademarks I can include in my CTM-WATCH list?

You can include as many trade marks as you wish.
It is important for the performance of the system that any trade marks in the settings manager which are no longer of interest to you are deleted or at least deactivated in the Settings Manager

13.E.17 Can I chose/select more than on trade mark at a time?

At present the selection of trademarks in the Settings Manager is on an individual basis. In the future multiple selections may be possible. It is important to note that email alerts are sent out per trade mark.

13.E.18 Who do I contact if I am having problems using CTM Watch?

The telephone number +34 96 513 9400 is your contact point for urgent issues concerning any e-business technical problems (e-filing applications, e-oppositions, e-renewals, MYPAGE, databases).

You can contact us from 7.30 to 19.30 (GMT+1). You can also send your query to the following mailbox: e-businesshelp@oami.europa.eu.

13.E.19 What information will be alert give me?

You will get one email per each alert as in the example below with the information about the alert configured. The subject of the email contains the trade mark number and status which was chosen while configuring the alert.

OHIM

Trade Marks

13. Questions and answers on e-Business