APPLICATION FOR TOTAL CONVERSION

Transcription

1 OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (OHIM) Avenida de Europa, 4 Apartado de Correos 77 Tel E Alicante Fax APPLICATION FOR TOTAL CONVERSION OHIM FORM EN 1 CTM application/registration number No 24 Language ES DA DE EL EN FR IT NL PT FI SV 2 Verbal part of the mark (if appropriate) Ground for conversion 25 The Community trade mark application has been deemed withdrawn Applicant ID number 4... Professional representation ID number association legal practitioner professional representative for verification... Employee representation ID number employee of the applicant for verification employee of a legal entity having economic connections with the applicant The Community trade mark application has been withdrawn Date of withdrawal of application: result of a decision of a national court Date when decision became final: 32 Copy of decision attached The Community trade mark application has been refused by a decision of the Office The Community trade mark registration has ceased to have effect as a result of a decision by the Office The Community trade mark registration has been surrendered The Community trade mark registration has not been renewed Date of expiry of protection: The Community trade mark registration has ceased to have effect as a... Authorization 11 already on file ID number: P 12 authorization attached Member State(s) 33 BX - Benelux DK - Denmark DE - Germany GR - Greece ES - Spain FR - France IE - Ireland IT - Italy AT - Austria 13 Fee Conversion fee: 200 euro Payment of fee Current account with OHIM 14 current account of applicant/representative with OHIM account No 15 do not use my current account with OHIM Transfer to account of OHIM PT - Portugal FI - Finland SE - Sweden GB - United Kingdom Priority / seniority Total priority: priority was claimed for all the goods/services of the CTM application Total seniority: seniority was claimed for all the goods/services contained in the earlier registration transfer to account of OHIM Banco Bilbao Vizcaya Argentaria Swift code: BBVAESMM date of transfer 36 I request the OHIM to communicate relevant information relating to the above mentioned Community trade mark application or registration contained in its data base to the central industrial property offices of 18 cheque attached the specified Member States, according to Art. 109 CTMR and Rules 44 and 47 IR. Signature Signature Date of signing Capacity of the person signing representative 23 applicant. Position Number of sheets

2 ANNEX TO THE CONVERSION FORM OHIM FORM EN V /2001 If the space provided is not sufficient, make further copies of this page

3 Office for Harmonization in the Internal Market (OHIM) Avenida de Europa, 4 Apartado de Correos 77 E Alicante Tel Fax NOTES ON THE TOTAL CONVERSION FORM General Remarks The total conversion form is made available by the Office for Harmonization in the Internal Market pursuant to Rule 83 of the Implementing Regulation (IR). This particular form - one page - must only be used where conversion relates to all the goods and services contained in the Community trade mark application or registration. In all other cases, the complete conversion form must be used. The form may be obtained free of charge from the Office and from the industrial property offices of the Member States, including the Benelux Trade Mark Office, and may be downloaded and printed from the Office s website ( The form may also be copied freely. Applicants or their representatives may use forms of a similar structure or format, such as forms generated by computers on the basis of the information contained in the conversion form. Where such electronically generated forms are used, the use of attachments may be avoided by simply extending the electronic version where the conversion form does not provide sufficient space. The Office will supply the national offices with a print-out of information relating to the CTM application or registration from its data base. Therefore the form need only contain the basic information as indicated below. Completed conversion forms should be sent directly to the Office in Alicante. Forms may not be submitted by . The form as well as any other communication relating to proceedings before the Office sent by mail should be addressed as follows: Office for Harmonization in the Internal Market Receiving Unit Apartado de Correos Alicante, Spain Communications sent by special delivery (such as courier services) should be addressed as follows: Office for Harmonization in the Internal Market Receiving Unit Avenida de Europa, Alicante, Spain Communications sent by fax should be sent to the following OHIM fax number only: (34) Where communications are sent by fax, confirmation copies are not necessary and are not recommended. The Office will issue receipts for the applications received and will request further information should the communication sent by fax prove to be insufficient. For any information, the OHIM may be contacted on the following telephone number: (34)

4 NOTES ON THE TOTAL CONVERSION FORM The mark (1) The application or registration to be converted must be identified by indicating the filing number of the application or registration number (Rule 44 (1)(c) IR). Representation of the mark (2) If appropriate, indicate the verbal part of the mark. Where the mark is not a word mark, a copy of the mark will be provided by the Office. Applicant The applicant s must be indicated (Rule 44 (1)(a) IR). Any other information, such as telephone number, etc., will be taken from the Office s data base. It is not necessary therefore to indicate such additional data in the conversion form. If the Office has previously allocated an ID number to the applicant, and there has been no change as regards and address, that ID number should be indicated (3). In case of a change of address, a request for recording the change for the existing ID number(s) must be addressed to the Office separately. Representation Representation by a professional representative is mandatory for all applicants who have neither their domicile or principal place of business nor a real and effective industrial or commercial establishment in the European Community (Art 88(2) CTMR). Any other applicant is free to appoint a representative (Art 88(1) CTMR). Representation before the Office may be exercised only by professional representatives falling into one of the two following categories (Art 89(1)(a)(b) CTMR) : - legal practitioners qualified in a Member State who are entitled to act in that Member State as representatives in trade mark matters and who have their place of business in the European Community; - professional representatives entered on the list maintained by the Office. Applicants may also act through their employees (Art 88(3) CTMR). Where such an employee is appointed by the applicant, the of the employee must be indicated (10). Employees of legal entities with their domicile or principal place of business or an establishment within the European Community may represent other legal entities provided economic connections exist between the two legal entities, such as common ownership or control. This also applies when the applicant is a legal entity from outside the European Community. If the professional representative or the employee has previously been allocated an ID number by the Office, it is sufficient to indicate that ID number (5 or 8) and the (7 or 10) ( of association, sur and first (s) of natural person). In the event of a change of address, a request for recording the change for the existing ID number(s) must be addressed to the Office separately. 2

5 NOTES ON THE TOTAL CONVERSION FORM Authorization A new authorization must be provided only when the conversion is requested by a new professional representative or a new employee representative (12). Authorization forms are available from the Office and from the central industrial property offices of the Member States including the Benelux Trade Mark Office. Where an ID number has been allocated to an authorization already on record at the Office, it is sufficient to indicate that ID number (11) without supplying a further copy of the authorization. Fee The conversion fee is 200 euro (Art.2 No 20 FR). Payment of the fee must be made in euro. Payment can be effected by: - debiting a current account held with the Office, indicating the number of that account (14); the holder of a current account may state that the current account may not be used for the payment (15); - making a transfer, in euro, to the bank account of the Office, indicating the, address and reference number of the applicant or representative, and the conversion to which the payment refers (16 & 17). - enclosing a cheque or similar instrument, such as a banker s draft, in euro, indicating the, address and reference number of the applicant or representative, the type of fee (i.e., conversion fee), and the application or registration to which it refers (18). All bank charges are to be met by the payer who should instruct the bank accordingly. Current accounts may be opened by applying in writing to the Office at the following address: Office for Harmonization in the Internal Market Financial Services Avenida de Europa, Alicante, Spain Telephone: (34) Fax: (34) Money transfers may be made to the account of the Office at the following bank: Banco Bilbao Vizcaya Argentaria Account No SWIFT code: BBVAESMM Signature The conversion form must be signed at the bottom of the page (20) together with an indication of the (19) and the capacity of the person signing (22). In the case of the applicant, state the position held by the person signing (23). Language (24) In compliance with Rule 95 of the Implementing Regulation (IR), the applicant must select the language of the conversion proceedings. Spanish-ES, Danish-DA, German-DE, Greek-EL, English-EN, French-FR, Italian-IT, Dutch-NL, Portuguese-PT, Finnish-FI, Swedish-SV. Where the request for conversion relates to a Community trade mark application, the applicant may choose either the first language or the second language indicated in the application. Where the request for conversion relates to a Community trade mark registration, the applicant may choose any of the five languages of the Office (ES, DE, EN, FR, IT). 3

6 NOTES ON THE TOTAL CONVERSION FORM Ground for conversion (25 to 31) (Art 108 (1)(a)(b) (4) (5) (6)CTMR) The various grounds for requesting conversion are listed. One of these grounds must be indicated, together with the relevant date. - Application deemed to be withdrawn within the meaning of Article 108(1) CTMR: 1) When the application is filed at a national office and does not arrive at the Office within one month after receipt at the national office (Article 25(3) CTMR); 2) When class fees are not paid within the relevant time limit after filing the application (Article 36(5) CTMR); 3) When the registration fee is not paid in due time (Article 45 CTMR). - Application withdrawn by applicant pursuant to Article 44 CTMR: Article 108(1)(a) CTMR. - Application refused by a decision of the Office: Article 108(1)(a) CTMR. This will usually mean a refusal on absolute grounds under Article 7 CTMR and relative grounds under Article 8 CTMR. However, conversion will be refused pursuant to Article 108(2) CTMR in certain cases. - Registration has ceased to have effect as a result of a decision by the Office (Article 54 CTMR). - Registration has been surrendered (Article 49 CTMR). - Registration has not been renewed (Article 47 CTMR). - Registration has ceased to have effect as a result of a Community trade mark court decision (Article 54 CTMR). It is not necessary at this stage to provide a translation of the decision (32). Member State(s) (33) The request for conversion may be filed for one or more or all Member States. The indication of the Member State is without prejudice to a later finding under Article 108(2) of the Community Trade Mark Regulation that conversion with respect to a particular Member State is not available. Priority Seniority (34 & 35) (Art 29 to Art 35 CTMR) Where total convention priority had been claimed for the Community trade mark application or registration which is the subject of the conversion request, or where total seniority had been claimed, such priority or seniority claims, to the extent that they are relevant for the conversion proceedings, must be indicated. If partial convention priority or partial seniority were claimed, the complete (long) conversion form should be used instead. National representative (annex) The application for conversion may contain, if the applicant so wishes, an indication of the professional and/or other representative entitled to act before the respective national office according to that office s rules. Such indication will facilitate contact between the national office and the conversion applicant. If no such representative is indicated, the respective national rules shall apply as regards contact in cases when a national representative or an address for service is required. 4