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The Trade Marks and Designs Registration Office of the European Union
You are here: Home > Trade marks > 4. Questions on representation before the OHIM
4.1 Is an applicant obliged to be represented before the Office?
4.2 When is it necessary for a legal person to be represented?
4.3 Who can act as a representative?
4.4 What is a ‘real and effective industrial or commercial establishment'?
4.5 What is an individual authorization? What is a general authorization?
4.6 What is regarded an economic connection?
4.7 I am applying from outside the EU. Can a relative or friend act as my representative?
4.8 Who can be entered on the list of professional representatives maintained by the Office?
4.11 I have filed an authorization. Will I receive a number for this authorization?
4.12 Where can I find a representative?
4.13 What do I have to do if I want to change my representative?
4.14 My name and/or address changed. How can I inform the OHIM of such change?
4.16 Where can I find a list of legal practitioners?
4.18 Is a professional representative entitled to act in both trade mark and design matters?
4.20 What is an ID number and where can I find mine?
4.1 Is an applicant obliged to be represented before the Office?
This depends on whether or not the applicant is a legal or natural person who is established within the Community. If the applicant has his/her/its domicile, principal place of business or a real and effective industrial or commercial establishment in the Community, there is no obligation to be represented. If this is not the case, representation must be sought:
4.2 When is it necessary for a legal person to be represented?
A legal person that has its place of business or a real and effective establishment in the Community may file a Community trade mark application directly, or through its legal representative. An employee is also entitled to file a Community trade mark application on behalf of the company or firm to which he/she is attached; in this case, an authorization signed by the legal representative must be filed with the Office. The employee of a subsidiary company can be classed as an employee of the parent company (vid. Question 4.3).
4.3 Who can act as a representative?
4.4 What is a ‘real and effective industrial or commercial establishment'?
The expression “real and effective industrial or commercial establishment” is taken from Article 3 of the Paris Convention, to which it was added at the first conference for the revision of the Convention, which took place in Brussels in 1897 - 1900. It was felt that the original provision, which simply referred to “an establishment”, was too broad and should be restricted. The intention was that, by using the French term “ sérieux ” (“real” in English), fraudulent or fictitious establishments would be excluded. The term “effective” makes it clear that, while the establishment must be one at which some industrial or commercial activity takes place (as distinct from a mere warehouse), it need not be the principal place of business. Natural or legal persons having such an establishment in the Community may be represented before the Office by an employee.
4. 5 What is an individual authorization? What is a general authorization?
A general authorization covers all the procedures carried out on behalf of a client. An individual authorization covers only one (or more) specific procedure(s) procedure or one (or more) specific trade mark(s).
4.6 What is regarded an economic connection?
Employees of legal persons may represent other legal persons provided that the two legal persons have economic connections with each other. Economic connections in this sense exist when there is an economic dependence between the two legal persons: either the party to the proceedings of the Office is dependent on the employer of the employee, or vice versa. This economic dependence may exist
On the other hand, the following is not sufficient to establish economic connections:
4.7 I am applying from outside the EU. Can a relative or friend act as my representative?
4.8 Who can be entered on the list of professional representatives maintained by the Office?
Any natural person who fulfils the following conditions:
To be included in the list of professional representatives: Please complete, duly sign and date the application form to request inclusion on the list. You must enclose a certificate issued by a national office or refer to the block certificate in which you are listed as qualified representative.
4.9 I am a legal practitioner. Can I be entered on the list of professional representatives and use the title “European Trade Mark Attorney” and/or “European Designs Attorney”?
Legal practitioners referred to in Article 93(1)(a) CTMR, who fulfill the conditions laid down in that Article are automatically entitled as of right to represent their clients before the Office. This basically means that if a legal practitioner is entitled to act in trade mark and/or design matters before the central industrial property office of the Member State in which he is qualified, he/she will also be able to act before the OHIM. Legal practitioners are not entered on the list of professional representatives to which Article 93(2) CTMR refers, because the entitlement and the special professional qualifications referred to in that provision relate to persons belonging to categories of professional representatives specialized in industrial property or trade mark matters, whereas legal practitioners are by definition entitled to be representatives in all legal matters. The only exception is where a professional representative on the list is also a legal practitioner and such dual qualification is allowed under national law. The Office therefore almost invariably refuses requests from legal practitioners to be entered on the list of professional representatives.
4.10 Is it necessary that the representative submits an authorization to act on behalf of his/her client?
OHIM does not check the existence of authorisations. See Communication No 2/03 of the President of the Office of 10 February 2003 concerning processing of authorisations by the Administration of Trade Marks and Designs Department.
Legal practitioners and professional representatives entered on the list maintained by the Office pursuant to Article 93 (2) CTMR should file with the Office a signed authorization for insertion in the files only if the Office expressly requires it, or where, when there are several parties to the proceedings in which the representative acts before the Office, the other party expressly asks for it. Employees acting on behalf of natural or legal persons pursuant to Article 92 (3) CTMR must file with the Office a signed authorization for insertion in the files.
4.11 I have filed an authorization. Will I receive a number for this authorization?
Where a representative files an authorization, it will not be checked and will simply be routed to the special electronic mail queue for authorisations, where it will remain. The only exception will be where an authorization is received simultaneously with the CTM application or other proceedings before the Office. In that case, the authorization will be kept with the relevant file. The new approach means that representatives will no longer be issued with an authorization number and will not be notified in any way regarding the internal handling of authorisations following receipt at the OHIM.
4.12 Where can I find a representative?
You can search for the representatives on our free-of-charge consultation service, FindRep. FindRep provides ready access to information on all types of representatives included in the OHIM database (associations, employees, lawyers or OHIM professional representatives), and is updated on a daily basis.
4.13 What do I have to do if I want to change my representative?
If a new representative has been appointed, he/she can inform the Office in writing that the former representative is no longer acting for the client. No authorization is required, unless the new representative is an employee representative. The change will be confirmed by the Office in writing and publication of the change will follow.
4.14 My name and/or address changed. How can I inform the OHIM of such change?
A request for the change of the name and/or address of the representative can be filed by letter or fax. If you are a MyPage user you can also make the change directly yourself by going to the section My Personal Data and clicking on the option View Details / Modify. OHIM also provides a form for such a request, which may be found on our website under: http://oami.europa.eu/en/office/pdf/recordal.pdf. Minor changes that will not be published in OHIM's Bulletin (such as a change in your telephone number, fax number or email address) may also be requested by telephoning the following number: +34 96 513 8860.
4.15 When I file a request for a change of name/address, is this change immediately visible on OHIM's website?
OHIM's database is normally updated every other day, and so your amended details may not be put on OHIM's website immediately. If you find that your details have not been updated on the website, you are requested to check again the next day. Should you continue having doubts as to whether the Representative Section has updated your details, you may contact the Section by telephone on: +34 96 513 8860.
4.16 Where can I find a list of legal practitioners?
The term “legal practitioner qualified in one of the Member States” has the same meaning in the CTMR as in the CDR. The term “legal practitioner” is defined by Directive 98/5 EC of the European Parliament and of the Council of 16 February 1998 . The requirement “to be qualified in one of the Member States” means that a person must be admitted to the relevant national Bar or be admitted to practice under one of the following professional titles:
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Austria |
Rechtsanwalt |
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Belgium |
Avocat/Advocaat/Rechtsanwalt |
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Bulgaria |
юрист |
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Czech Republic |
Advokát |
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Denmark |
Advokat |
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Germany |
Rechtsanwalt |
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Estonia |
Vandeadvokaat |
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Greece |
Δικηγόρος |
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Spain |
Abogado/Advocat/Avogado/Abokatu |
|
France |
Avocat |
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Ireland |
Barrister/Solicitor |
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Italy |
Avvocato |
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Cyprus |
Δικηγόρος |
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Latvia |
Zverinats a dvokats |
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Lithuania |
Advokatas |
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Luxembourg |
Avocat |
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Hungary |
Ügyvéd |
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Malta |
Avukat/Prokuratur Legali |
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Netherlands |
Advocaat |
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Poland |
Adwokat/Radca prawny |
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Portugal |
Advogado |
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Rumania |
Avocat |
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Slovenia |
Odvetnik/Odvetnica |
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Slovakia |
Advokát/ Komercný právnik |
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Finland |
Asianajaja/Advokat |
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Sweden |
Advokat |
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United Kingdom |
Advocate/Barrister/Solicitor |
4.17 We are a large company with a legal department which handles all IP matters. Can our legal department be regarded as an association of representatives?
Legal departments of companies are only entitled to represent other companies when there is an economic link between them (i.e. the companies are in the same group) and the legal department wishing to be regarded as a representative before the Office is in the Community. If no such link exists, an individual member of a company's legal department, qualified as a legal practitioner or listed as an OHIM professional representative (other than as an employee representative) would be entitled to represent the company in his/her capacity as a private practitioner and not as a member of the legal department in question. Where the necessary economic link exists between the company and the legal department of a connected company, all communications should be signed by a member of the legal department who has sought and obtained entry as an employee representative on the list of representatives held by the OHIM. If that is not the case, the legal department may of course continue to provide advice to the applicant/owner of the trade mark/design but all communications with the OHIM should be signed by that applicant/owner itself.
4.18 Is a professional representative entitled to act in both trade mark and design matters?
Yes, if he/she is entered on the list of professional representatives before the OHIM pursuant to Article 93(3) Community Trade Mark Regulation . Entry on the special list of professional representatives for design matters before OHIM entitles the person in question to represent in Community Design matters only, pursuant to Article 78(2) of the Community Design Regulation.
4.19 Can any person working in an association of representatives sign trade mark and/or design applications?
The appointment of an association of representatives does not result in a departure from the general rule that only professional representatives within the meaning of Article 93(1) CTMR may perform legal acts before the Office on behalf of third parties. Thus, any application, request or communication must be signed by a physical person possessing this qualification. The representative must indicate his name underneath the signature, preferably accompanied by his individual ID number, if given by the Office.
4.20 What is an ID number and where can I find mine?
Every representative who files an application with OHIM is placed in our database and allocated an 'ID' (identification) number. OHIM does not automatically inform its clients of this number (except where it concerns a decision on entry on the list of professional representatives), but will provide it upon request made to the following telephone number: +34 96 513 8860.In order to be able to assist the Office in identifying you as a client quickly, it is useful to use your ID number in all communications with OHIM. The number can also be found by consulting any of your files in CTM-online through our website.