The Office for Harmonization in the Internal Market (OHIM) is a European Community body with its own legal personality. Its task is to promote and manage trademarks and design rights within the European Union. The Community courts - the Court of First Instance and the Court of Justice of the European Communities - are responsible for overseeing the legality of OHIM's decisions.
Meeting Forums
Danish Patent and Trademark Office (DKPTO) participates at both Administrative Board meetings, Budget Committee meetings and liaison meetings between OHIM and the national trademark and design offices.- Administrative Board and Budget Committee meetings
The participants are composed of a representative from each member state and one representative from the Commission. The meetings are held every six months. In addition, the two boards have so-called joint meetings. - Liaison meetings between OHIM and the national offices
At these meetings both legal and technical aspects of the Community trademark system and the Community design system are examined in depth. The meetings are based on active participation by the member states. We aim to play an active part in the meetings as well as in deciding the agenda.
The current issues
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Revision of the Trademark Directive and Regulation A revision of the COUNCIL REGULATION (EC) No 207/2009 of 26 February 2009 on the Community trade mark and DIRECTIVE 2008/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 to approximate the laws of the Member States relating to trade marks has been under way for a couple of years. First step was the Study of the Overall Functioning of the European Trade Mark System presented by the Max Planck Institute for Intellectual Property and Competition Law. Next step is for the Commission to put forward proposals for revision of both the Trademark Directive and Regulation. These are expected to be issued in February 2012. Thus, negotiations will start during the Danish EU Presidency. Denmark has the ambition to bring these negotiations as far as possible. However, it is not foreseen that Denmark will be able to close the matter.
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A comprehensive study on the overall functioning of the Community trademark system
Generally, Denmark believes that a thorough analysis of the functioning of the European trademark system should be given high priority. The purpose hereof is to establish a common ground for making the right decisions as to how we can enhance the European industries' global competitiveness within marketing and branding. We see the surplus within the European trademark system as an opportunity to deal with this important issue. As part of setting the future European framework, we find it important to enhance the relationship between the OHIM and the national offices in order to sustain the complementarity between the options for trademark protection.
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Reduction of trademark fees
OHIM has over the years generated a substantial sur-plus which has been dealt with. This has led to a fee reduction and a simplification of the fee structure at OHIM. We have played an active role in solving the issue. The idea of abolishing the registration fee was fostered by us.
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Other elements
Furthermore, renewal fees will be divided between the OHIM and national offices for use in promoting and protection trademarks. Finally, a political agreement has been reached on establishing a cooperation fund.
National professional network
DKPTO has established a network of highly professional users of CTM and RCD systems, in Denmark: IP-CASE. The network comprises representatives, lawyers and other actors dealing heavily with European trademark and design issues. Read more about IP Case
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