OHIM·IP Information EPO Information Chief Advisor : Takamasa ARAI OHIM Information Chief Advisor : Yosuke TANAKA TEL FAX E-mail : + 81 - 6 - 6351 - 4384 : + 81 - 6 - 6351 - 5664 :

Regarding the Registered Community Design (RCD) system in the European Union

Change in the examination procedure regarding the RCD priority documents

The OHIM (Office for the Harmonization of the Internal Market) has changed its procedure regarding the pre-registration examination of priority documents by putting an end to its previous practice of examining whether the drawings of the RCD application are identical or not to the drawings of the application claimed as priority by the RCD application (hereafter referred to as “the priority application”).

The examination of priority documents following the new procedure will from now on be restricted to the following items:
· whether the file number of the priority application is indicated;
· whether the filing date of the RCD application falls within the six-month period from the filing date of the priority application;
· whether the priority application was filed in contracting member state of the Paris Convention or of the World Trade Organization;
· whether the Declaration of priority was filed within the time limit.

As a result of the change, the OHIM now accepts priority documents that do not contain drawings of the design (such as German certificates of design registration).

This change in the examination procedure puts the OHIM in line with most EU member states and will help accelerate the examination process.



Extract from the February 2009 issue of the Alicante News - European Trade Marks and Designs Newsletter (page 7)