OHIM announces full conditions for ‘Fast Track’ accelerated processing
Starting on 24 November 2014, Community trade mark (CTM) applicants can have their CTM applications examined and published faster in the so-called ‘Fast Track’ procedure (see here for more details). The first CTM applications that can benefit from the new Fast Track are those received during the weekend 22 and 23 November 2014.
OHIM has now provided users with full conditions for Fast Track (see below). Users can apply for Fast Track via the two online CTM applications forms, namely Five-step form or Advanced form. While the first form has been specifically designed for Fast Track and provides guidelines to fill in the form, the latter form usually serves for more complex applications, but it flags up any ‘fast track’ conditions that were not fulfilled, allowing users to decide whether to make corrections or proceed as a regular application. To explain the Fast Track processing of CTM applications in more detail, OHIM will organise a webinar for users on 24 November 2014 at 13:00 CET (click here).
Full Fast Track conditions:
- The applicant: The applicant must be domiciled in the European Union or identify a valid representative.
- The mark: Fast Track is available only for the following trade mark types: word, figurative, 3D or sound marks. The relevant attachments must be included for figurative, 3D or sound marks. If colours are claimed, only the colours as stated in the form can be used (you cannot specify a custom colour). There should be no mark description nor disclaimer. Fast Track is not available for collective trade marks.
- Goods and services: All the terms in the list of goods and services must be selected from OHIM’s harmonised database.
- Priority/seniority claims: There should be no priority or seniority claims. However, priority/seniority claims are allowed if the trade mark on which the claim is based can be imported from the TMView database or if the corresponding certificate of such mark is attached. If exhibition priority is claimed, an attachment containing the corresponding certificate must be provided.
- National searches: No national searches can be requested.
- Language of the application: When the first language of the application is not one of OHIM's five languages (English, French, German, Italian and Spanish), the applicant must accept the translation provided by the Office in the second language.
- Payment: Payment can be made via any of the accepted payment methods except via a third party's current account. However, the applicant must make sure that the application fee is paid immediately (e.g. by selecting ‘Debit now’ when paying by current account).
Despite being initially accepted for Fast Track, the CTM application may lose the Fast Track condition later on. If this happens, OHIM will inform users in writing and the application will proceed as a regular application