OHIM User Associations Comment on Revision of CTM System at Hearing Before EU Commission

The "Study on the Overall Functioning of the European Trade Mark System" og the Munich Max Planck Institute for Intellectual Property and Competition Law, which has been release in February this year, has triggered a broad and ongoing discussion on the European CTM system among European trademark practicioners and the IP community in general. To discuss the study's impact on CTM regulation and the Trade Mark Directive 89/104/EEC, the European Commission's Directorate General MARKT invited the OAMI Users' Group (international NGO's from the IP sector, such as MARQUES, ECTA, AIPPI or INTA) to present their views on selected questions as raised by the Commission (see agenda). The hering took place on 26 May 2011 in Brussels. The Commission only listened and did not answer any questions. QUESTIONS OF THE COMMISSION The agenda of the meeting included a number of issues being highly relevant to both trademark applicants and representatives, some of the topics being controversially discussed among CTM system users for quite a while: 1. Requirement for a CTM to be put to genuine use in the Community: to what extent do users agree with the relevant findings and proposals of the MPI study (pages 135-139 of the study)? 2. Distribution of 50% of renewal fees by national offices: what do users think of the position of the study concerning the objectives (pages 243-244, point 5) and the recommended key of distribution (in particular, the suggestion to take the number of NATIONAL applications filed each year as a measure, page 241, item 1.23)? 3 ...Zum vollständigen Artikel

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