The Competitiveness Council adopted conclusions, on 25 May, aimed at reinforcing the action of the Office for Harmonisation in the Internal Market (OHIM). It validated the budgetary measures intended to develop further the Community trade mark system.

The measures include the reduction of fees for obtaining Community trade mark protection, the creation of a cooperation fund and the future distribution of 50% of renewal fees to member states’ national trade mark offices. The ministers agreed that these measures contribute to modernising the trade mark system in the EU and enhance cooperation between the OHIM and the national offices. Welcoming the progress made towards setting up a cooperation fund, the Council encourages the OHIM to continue its work to make the fund fully operational and invites the Commission to present proposals for the revision of Regulation 207/2009 on the Community trade mark and Directive 2008/95/EC approximating the laws of the member states on trade marks.

The ministers suggest that the revision include the definition of a framework for cooperation between the OHIM and the national offices, and emphasise that the harmonisation of practices and tools is an aim that all national trade mark offices should pursue. They also recommend the establishment of a clear legal basis for the OHIM’s involvement in enforcement of intellectual property rights and the distribution among the national offices of 50% of OHIM’s renewal fees. Lastly, the ministers encourage the Commission to continue its study of the overall functioning of the trade mark system in Europe.