Skip to this Website’s global navigation, local navigation or content.
The Trade Marks and Designs Registration Office of the European Union
You are here: Home > Trade marks > Legal References
Please click on the titles of each section below for direct links to information concerning:
Regulations
The CTM system is based on a ‘basic Regulation’ of the Council of the European Union (Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark) (the “CTMR”), as subsequently and variously amended, and also on various Commission Regulations, also amended several times and establishing, respectively, the implementing rules for the CTMR, the fees payable to OHIM, and the rules of procedure of the Boards of Appeal of OHIM. Consolidated versions of the different Regulations are available, incorporating the different amendments. The original versions of the different Regulations (including the amending Regulations) are also available.
Decisions and Communications of the President
The President of the Office adopts decisions and communications to ensure the efficient functioning of the Office. Decisions are taken when foreseen in the Regulations. Communications are taken for other matters of public interest.
Guidelines
The President of the Office adopts guidelines concerning proceedings before OHIM, after consultation with the Administrative Board.
The purpose of these guidelines is to indicate the practice of OHIM with regard to the CTMR. They are drafted with a view to practical use both by Office personnel in charge of the various procedures and those dealing with the Office.
The guidelines should be regarded only as general instructions. They are not, therefore, legislative texts. The parties, and OHIM, must, where necessary, refer to the relevant CTM Regulations.
The Manual
A manual has been created in order to include the latest modifications to the official guidelines. Unlike the guidelines, which are revised on a periodical basis, the manual is constantly updated and reflects the latest practice of the Office.
Decisions of the Presidium of the Boards of Appeal
The Presidium is an authority chaired by the President of the Boards of Appeal and composed of elected Board members for each calendar year. It takes decisions by a majority vote on the allocation of cases among the Boards for the calendar year in question and on rules of conflict, designates full and alternate members of each Board, lays down rules of procedure and internal rules, etc.
International treaties
The CTM system coexists with national systems. The first trade mark directive was adopted in 1988 in order to align the respective laws of the Member States in this area.
Enforcement and IP Rights
In order to complete the harmonization of intellectual property laws, the European Community is involved in the enforcement of these laws in the Internal Market. The European Commission’s information on this area can be accessed by clicking here.