Evaluation of the Community Trademark System

The Office for Harmonisation on the Internal Market (OHIM) was established more than ten years ago and the high number of registrations have exceeded the original expectations by far. As a result it faces the rather unusual problem of a consistent increase in surplus revenues - despite a massive reduction of fees only recently. In 2006, a strategic debate on the future fees policy and the closely interwoven balance of European protection right systems at the national and Community level was started. As an immediate measure, a further reduction in fees and a study to evaluate how the Community trademark system functions are to be developed. This study should be available in autumn 2009. A fundamental change in the system of distributing the renewal fees for Community trademarks is also being planned as a major item of this redesign.

In this respect Austria has taken the position that those activities at the national and Community level that have not been taken into consideration yet and that have been shown to contribute towards the functioning and success of the system should be taken into consideration, thus scrutinising the cost truth of the whole system. It is planned that the cooperation activities will be processed via the “Cooperation Fund” as of 2010.