The Trade Marks and Designs Registration Office of the European Union
Since 1st October 2004, it is possible to file an international application or a subsequent designation on a basis of a CTM or CTM application.
Applicants have a choice as to how they want to submit their forms. They can either:
Please be aware that E-filing is currently not available for International trade mark applications.
The International Application Form
It is compulsory to use the official form (Article 147 (1) CTMR), that is:
Other language versions (EM2):
The Fee Calculation Sheet is considered an essential part of the international application. If it is not completed in the correct language (i.e. the language in which the international application is to be transmitted to WIPO) and attached to the EM2, WIPO will consider the application to be irregular.
OHIM Form EM 2 French, English and Spanish have the same contents and almost the same layout as WIPO Form MM 2 with the following slight adaptations:
All other language versions of OHIM Form EM 2 are translations of that Form which contain, in addition:
The Subsequent Designation Form
It is compulsory to use the official form that is, either:
Other linguistic versions (EM4):
The Fee Calculation Sheet is considered an essential part of the subsequent designation. If it is not completed in the correct language (i.e. the language in which the international application is to be transmitted to the WIPO) and attached to the EM4, the WIPO will consider the application to be irregular.
International Application and Subsequent Designation Forms
When the EU is designated (OHIM as Designated Office)
Since 1 October 2004, it is possible to designate the European Community, using WIPO's Forms at http://www.wipo.int/madrid/en/forms/:
These forms have been modified by WIPO to allow in particular the indication of a second language different from the first one among the four remaining ones of OHIM when the EU is designated.
As regards seniority claimed in the IA, a separate form has been created to be annexed, to the IA designating the European Community or to the subsequent designation of the European Community:
Application for Conversion of an International Registration (‘IR’) designating the EU
For all types of conversion, the completed form has to be sent directly to OHIM in Alicante.
Since the " opting back " “ type of conversion is treated by WIPO as a subsequent designation, in this type of conversion all fees relating to the subsequent designation(s) will have to be paid directly to WIPO.
WIPO Fee Calculation Sheet should therefore be enclosed, in the language of the IR.