Glossary of Statuses
 
 

 

1. CTM application received
An application for a Community trade mark (CTM) has been filed within the Office. In the 'History of Statuses', the date of reception is indicated.

 

2. CTM application - examination
The application for a Community trade mark is in the examination process. Several examination tasks need to be completed by the OHIM before the CTM application can be published.

 

2.1 Filing date provisionally granted
After having checked that all the conditions of Rule 9 of the Implementing Regulation (CTMIR) and Article 26 of the Community Trade Mark Regulation (CTMR) have been met, the filing date is provisionally granted. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

 

Article 26 CTMR states that a CTM application must contain:

  • A request for registration of a CTM
  • Information identifying the applicant
  • A sign capable of being represented graphically
  • A list of goods and services

 

2.2 . Classification completed
The classification of the goods and services of the CTM application has been approved, and the examination procedure continues. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

 

2.3. Formalities check completed
The CTM application has been checked as regards formalities. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

 

2.4. Priorities-seniorities examination completed
One or more priority and/or seniority claim or claims has been made and validated by the examiner. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

If no priority or seniority claim has been made, this option appears in grey.

 

2.5. Absolute grounds check completed
The CTM application has been examined to ascertain whether there are any absolute grounds for refusal and none have been identified. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

 

3. CTM application translation & search
The examination of the CTM application has been completed. Before being published, translation and search tasks must be carried out

 

3.1. Translation completed
The translation of the CTM application has been received. Please note that translation is carried out by the Translation Centre for the Bodies of the European Union. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

 

3.2. Search completed
The search has been completed. From March 2008, national search reports are optional however Community searches are still conducted. This task comprises both national and Community searches. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

 

4. CTM application published (A1)
The CTM application has been published in Part A of the CTM Bulletin. Details are available under the 'Publication' heading on the 'CTM Detailed trade mark information' page. The date appearing in the History of Statuses is the date of publication.

 

5. CTM application opposed
After publication in the Bulletin, the CTM application has been opposed on the basis of any of the rights foreseen in Article 8 of the CTM Regulation, such as an earlier national right, an earlier international right, an earlier CTM, etc. At this stage, statuses are listed under the 'Opposition' heading on the CTM Detailed trade mark information page.

 

6. CTM application refused
The CTM application has been rejected during the registration phase. The refusal could have been based on formalities, classification, absolute grounds or relative grounds (in the last case, the CTM application changes to this status only after the decision to reject the application has become final). The applicant is still able to appeal against this decision.

 

7. Registration of CTM pending
The application is in the process of being registered .

 

7.1. Registration fee paid
The registration fee has been paid. To complete the registration procedure, the CTM has to be published in Part B of the CTM Bulletin. The date indicated in the 'History of Statuses' corresponds to the date when the status was changed in the OHIM's internal systems.

 

8. CTM registered
The CTM has been registered.

 

8.1. CTM registration published (B1)
The registration of the CTM has been published in Part B of the CTM Bulletin. The date appearing in the 'History of Statuses' is the date of publication.

 

9. CTM decision appealed
An appeal has been filed against a final decision taken during the examination of the CTM application and is being dealt with by the Boards of Appeal. Please consult the Appeal Section for further information on the appeal.

 

10. CTM application withdrawn
The applicant has decided not to proceed with the CTM application and has withdrawn it.

 

11. CTM registration surrendered
The CTM has been surrendered in respect of some or all of the goods or services for which it is registered.

 

12. Conversion requested
If the CTM application is refused, withdrawn or deemed to be withdrawn, the applicant for or the proprietor of a CTM application may request the conversion of the CTM application into a national trade mark application. If the conversion request is accepted, it will keep the filing date granted to the CTM application.

 

13. CTM converted
The conversion request has been accepted by the OHIM and transmitted to the relevant offices.

 

14. Cancellation pending
A cancellation request has been filed with the Office against a registration of a CTM. The cancellation can be based on bad faith, on absolute grounds or on relative grounds. The examination of the merits of the cancellation may take some months.

 

15. CTM registration cancelled
The request for cancellation was successful and the CTM is cancelled.

 

16. Interruption of Proceedings
Before publication the proceedings can be interrupted in certain circumstances like bankruptcy.

 

17. CTM registration lapsed
The CTM has not been renewed and has lapsed.


Statuses of the Opposition Section

1 Opposition receipt sent
An opposition against a CTM has been filed.

 

2 Admissibility Check OK
The opposition has been checked and is admissible.

 

3 Opposition rejected not admissible
The opposition has been rejected on grounds of non-admissibility (both absolute and relative deficiencies are covered).

 

4 Cooling-off period
This is the period of time during which the parties can negotiate a private agreement. The cooling-off period is normally a two-month period but can be extended at the request of either party.

 

5 Commencement of proceedings
The cooling-off period has ended and the opposition proceedings can start.

 

6 Agreement between the parties
The parties have reached a friendly settlement.

 

7 Opposition closed CTM rejected by ED
The CTM application has been rejected on absolute grounds, after the receipt of third party observations in accordance with Article 41 of the Community Trade Mark Regulation (CTMR). The opposition is closed without any decision.

 

8 Opposition closed CTM withdrawn
The applicant has decided to withdraw its application after an opposition.

 

9 Opposition closed CTM restricted
The list of goods and services of the CTM application has been restricted by the applicant and will proceed to registration for the goods or services as restricted.

 

10 Opposition closed CTM rejected in part
A decision on substance has been issued by the Office. The opposition is upheld for certain goods or services contained in the CTM application. This application can proceed to registration for the remaining list of goods and services. The deadline for appeal has expired and the decision has become final.

 

11 Opposition closed Opposition withdrawn
The opponent has decided to withdraw the opposition and the CTM application can proceed to registration.

 

12 Opposition closed CTM rejected
The opposition was successful in its entirety and the CTM application is rejected. The deadline for appeal has expired and the decision has become final.

 

13 Opposition closed Opposition rejected
The opposition fee has not been paid and the CTM application can proceed to registration. The deadline for appeal has expired and the decision has become final.

 

14 Opposition not duly entered (decision)
The opposition fee has not been paid and the CTM application can proceed to registration. A decision has been issued by the OHIM

 

15 Opposition not duly entered (no decision)
The opposition fee has not been paid and the CTM application can proceed to registration. No decision has been issued by the OHIM

 

16 Joined opposition on hold/Opposition on hold-joined procedure
The opposition is on hold pending a decision on whether to join it with other oppositions. Depending on the decision taken, the processing of the opposition might be resumed.

 

17 Opposition proceedings suspended
The opposition proceedings have been suspended pursuant to Rules 21(2) and 20(7) CTMIR. The proceedings might be resumed at a later point.

 

18 Opposition decision appealed
The opposition decision has been appealed.


Statuses of the Appeal Section

1 Key-in of appeal
The appeal is being entered in the database.

 

2 Appeal formalities
The appeal is being processed in accordance with Articles 57-61 of the Community Trade Mark Regulation (CTMR).

 

3 Appeal being processed by a Board
The Registrar has forwarded the file to a specific Board for examination.

 

4 Decision notifying parties
A final decision has been taken by the Board and has been sent to the parties. An appeal may be lodged against this decision before the Court of First Instance ( CFI ) in Luxembourg .

 

5 CFI or ECJ case pending
A decision of the Boards of Appeal has been challenged before the CFI or the judgment of the CFI has been challenged before the European Court of Justice (ECJ).

 

6 Appeal closed
The appeal file is closed.


Statuses of the Renewal Section

1 Need to renew communicated
A 'Notification of Expiry' has been issued to the representative of the CTM owner or to the CTM owner if no representative is on file.

 

2 Renewal application received
The OHIM has received an application for renewal of the CTM.

 

3 Renewal fee paid
A renewal application has been received and payment of the renewal fee has been confirmed.

 

4 Deficiency in relation to renewal
A letter has been issued to the CTM owner's representative, or to the CTM owner if no representative is on file, informing them of a deficiency in the CTM renewal application which must be remedied within two months.

 

5 Renewed
The renewal of the CTM has taken effect.

 

6 Expired
The CTM has not been renewed and has therefore expired.

 

7 Awaiting expiry
The renewal application has been provisionally refused by the OHIM and a final decision is pending.


Glossary of Statuses for International Registrations designating the EC

1. International registration received
An IR designating the EC has been notified by WIPO to the OHIM.

 

2. Formalities check
The examiner checks that a second language has been indicated, examines seniority claims and verifies the payment of fees. Searches are then carried out pursuant to Article 39 CTMR.

 

3. Absolute grounds check
The examiner carries out examination on absolute grounds for refusal.

 

4. Absolute grounds OK
The IR designating the EC has been examined on absolute grounds and no objection has been raised.

 

5. International registration refused on absolute grounds
The IR designating the EC has been definitively refused due to formalities deficiencies or the existence of absolute grounds for refusal. The applicant cannot appeal against this decision as it has become final.

 

6. Opposition period open
A three-month period during which oppositions against the IR may be filed at the OHIM has commenced.

 

7. Opposition pending
The IR designating the EC has been opposed based on one of the earlier rights foreseen in Article 8 CTMR.

 

8. International registration refused on relative grounds
The IR designating the EC has been definitively refused due to successful opposition. The applicant cannot appeal against this decision as it has become final.

 

9. International registration accepted
The IR designating the EC has been definitively accepted.

 

10. Renewed
The IR designating the EC has been renewed for a further period of 10 years.

 

11. IR decision appealed
An examination decision refusing the IR designating the EC been appealed before the Boards of Appeal.

 

12. Opposition decision appealed
The decision to refuse the IR registration designating the EC based on an opposition has been appealed before the Boards of Appeal.

 

13. Removed from the register
The IR designating the EC has been removed from the International Register.