OHIM surplus should benefit trademark owners, says INTA chief
The head of the International Trademark Association (INTA) wants to see the EU’s governing bodies direct a multi-million euro budget surplus at the Office for Harmonization in the Internal Market (OHIM) towards assisting trademark owners, he has told WIPR.
The European Commission, Parliament and Council have been discussing reforms to the European trademark system, including where to divert funds from OHIM’s surplus budget, estimated to be around €300 million ($316 million).
Among their proposals is to direct OHIM’s funds to the EU budget, the European School of Alicante and the Court Justice of the European Union.
In December last year the talks were delayed until further notice.
But Etienne Sanz de Acedo, chief executive of INTA, told WIPR that brand owners hope the current discussion on trademark reform in the EU “can truly refine and harmonise legislation and practices across Europe”.
He said: “We would like to see the surplus used within Community and national trademark registration procedures like, for instance, a cancellation and invalidity administrative procedure in all member states. Going to courts to cancel a trademark is far more expensive than having a cancellation and invalidity administrative procedure.
“Ideally, the trademark money would remain within the trademark industry.”
On Wednesday (April 8), INTA issued a statement voicing its concerns that certain proposals put forward in the discussion could be diverted to non-IP uses.
Sanz de Acedo said: “The fee-generated surplus should be invested in trademark matters. Reducing renewal fees and enhancing cooperation projects with concrete deliverables for the benefit of users of the system should be the priority. Brand owners favour greater cooperation and harmonisation within the EU.
“Using the trademark reform to propose compensation that might end within the general budget of the member states is a missed opportunity. Compensating member states to implement EU law is not the right approach,” he added.
OHIM has previously declined to comment on this issue.
