Fast Track – The first applicant takes it all.
Since November 2014, the Office for Harmonization in the Internal Market offers a quicker procedure for trademark applicants who require a faster publication of their applications. In spite of the fact that the term between the opposition period and the publication of the registered mark has not changed, the aim of this brand new option is to save time through a faster examination period.
Let us not delude ourselves, this system is clearly devised for straightforward examinations, so complex applications shall not be admissible for they will take longer time for the OHIM to examine them. In any case, the Office ensures achieving its purposes to provide an easier way to its applicants by laying down a full set of conditions to be accomplished before accepting any Fast Track applications. Among the most significant conditions, the prohibition of both priority and seniority claims (under certain exceptions), the mandatory selection of goods and services from a database already accepted by OHIM or the impossibility of adding trademark description or disclaimer.
Regarding payment fees, the applicant should pay upfront, so the Office’ staff will only start processing the application once the fees payment has been made.
In addition, the Office accepts all these trademarks types: work mark, figurative mark, three-dimensional or sound. However, should a figurative or three-dimensional mark be applied for and a colour claimed, the latter will only be chosen from those specified in the form, but no custom colour may be claimed (i.e PANTONE Color series).
Josep Magraner Llobera
