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III. Dates on which fees and charges are debited and are deemed to have been paid
In applying Article 7 of Decision No EX-96-1, fees and charges are debited at the point
in time when the Office determines that a particular fee or charge is owed. This debiting
date will never be earlier than the date determined pursuant to Article 7 of Decision No
EX-96-1. Article 7 of Decision No EX-96-1 lays down the rules concerning the date on
which a particular fee or charge is deemd to have been paid. These rules are as follows.
1. Basic fee for an application
The basic application fee (ECU 975 for an individual mark and ECU 1675 for a
collective mark) will be debited from the current account on the last day of the onemonth
period provided for in Article 27 CTMR. That is, the fee will be debited one
month after the actual date of receipt of the application at the Office or, when the
application has been filed with a national office or the Benelux Trade Mark Office,
within one month from the filing at such office.
Where the application is withdrawn prior to the expiry of the period of one month, the
basic fee will not be debited.
Where the applicant, in order to accelerate the handling of his application, wishes the
basic fee to be debited on the date of receipt of the application, he must make an express
declaration to that effect in the application. The marking of the appropriate box on the
application form authorizing withdrawal from a current account will be taken as
authorizing withdrawal at the end of the one-month period.
2. Additional class fees
Class fees for any class beyond the third class (ECU 200 for an individual mark and ECU
400 for a collective mark) will be debited when and to the extent that the Office, in the
course of the examination of the application, establishes agreement with the applicant on
the number of
classes into which the goods or services covered by the application fall. This principle
will be implemented in the following manner.
Where the applicant has classified the goods and services and the Office agrees with the
applicant on the number of