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OHIM
The Trade Marks and Designs Registration Office of the European Union
The registration process
Basic information about each process appears if you position your cursor over the relevant box.
- Filing an application RCD applications can be filed either directly at OHIM through several means or at any of the national industrial property offices.
- Examination EXAMINATION of the application, which includes:
- Formalities examination which includes checking the name, address, signature, priorities, fees, Indication of product and classification etc.
- Examination of the two possible grounds for non-registrability of a design. Looking at the submitted representations, two questions are asked: Is it a design? And, is it contrary to public policy or morality? - Registration If the result of the examination by OHIM is positive, the application will be registered in the Community Design Register and then published in part A of the RCD Bulletin.
The entire procedure takes about 8 weeks. - Deferred publicationAfter registration, the application is either fully published or subject to deferment of publication during a maximum duration of 30 months from the date of filing the application or from the date of the earliest priority claimed.
- Publication If the result of the examination by OHIM is positive, the application will be registered in the Community Design Register and then published in part A of the RCD Bulletin.
The entire procedure takes about 8 weeks. - Invalidity Throughout an RCD's life, the RCD may be declared invalid following invalidity proceedings. The Office has exclusive jurisdiction with regard to direct invalidity applications.
- Representation before the OHIM To ensure that the Office and its clients can communicate, it is necessary that the Office be aware of the correct person to contact. In some cases the owners of applications or registrations act for themselves in correspondence with the Office. In other cases, they appoint a representative to act on their behalf.
- Inspection of files and copiesRCD files can be inspected upon request
- Changes to the Register At any stage of the registration process, different types of inscriptions can be made in the Register (transfers, withdrawals, surrenders, licences, etc.)
- Appeal Any final decision by one of the Office's bodies, in so far as it has adversely affected one party, is subject to appeal on the initiative of that party. The appeal is brought before the Office's Boards of Appeal.
- Mediation OHIM offers a mediation service in inter partes proceedings, following the decision of the first instance and in parallel to appeal proceedings (which shall then be suspended, when appropriate), allowing the parties to reach an amicable settlement without the requirement of a decision from the Boards on the substance.