OAMI Oficina de Armonización del Mercado Interior ... - OHIM - Europa

additional class fees as to which there is agreement with the applicant. (Example: the
applicant claims five classes, the Office considers that the goods or services fall into six
classes. The applicant continues to disagree. At the end of the exchange between the
Office and the applicant the Office decides that the application falls into six classes and
that the application is refused for those goods and services which fall into the sixth class.
The current account will be debited for two additional classes.) The decision may also
deal with other classification issues. The decision of (partial) refusal may be appealed.
Where the applicant has not classified the goods and services, the Office will make the
classification, inform the applicant of the classification and also inform him of any
additional class fees that have to be paid (Rule 9 (3) (a) of the Implementing Regulation).
Thereafter, the procedure described above applies.
3. Registration fees
The registration fee (ECU 1 100 basic fee and ECU 200 class fee for each class beyond
the third for an individual mark, ECU 2 200 basic fee and ECU 400 class fee for each
class beyond the third for a collective mark) will be debited at the end of a period of two
months after the applicant has been notified that the mark is
registrable (Rule 23 (2) of the Implementing Regulation).
If the applicant wishes to accelerate the procedure, he may at any time after receiving that
notification request the Office to proceed to registration and instruct the Office to debit
the current account immediately. The Office will then debit the current account upon
receipt of such request.
If the applicant does not wish the automatic debiting to take place at the end of the period
of two months, he must, before the expiry of the period of two months, expressly declare
in writing to the Office that the current account may not be used for the payment of the
registration fee (Article 6 (2) of Decision EX-96-1). The debiting of the registration fee
may otherwise be avoided only by withdrawing the application within the two months
period.