EUIPO - Launch of data gathering - Offsetting of costs under Art. 172 EUTMR

The Executive Director DIN: 0112075400 Alicante, 14 February 2022 ICD/SL/MC/vf_3 Circular letter Offsetting Subject: Launch of data gathering – Offsetting of costs under Article 172(5) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 of the European Union trade mark Dear colleagues Pursuant to Article 172(5)(2) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (EUTMR), Member States are requested to submit statistical data to permit the substantiation of the costs incurred as the result of specific tasks that they carry out as functional parts of the EU Trade mark system1 within the context of offsetting. I also take this opportunity to remind you that, in line with comments made by the European court of Auditors in the framework of the functioning of the IP system in Europe, Member States are responsible for submitting the abovementioned statistical data each year to the Office, as well as for verifying and certifying its accuracy and validity. This data concerns the following indicators and must be submitted by 31 March of each year: a) the annual number of EU trade mark applications originating from applicants in each Member State; b) the annual number of national trade mark applications in each Member State; c) the annual number of oppositions and applications for a declaration of invalidity submitted by proprietors of EU trade marks in each Member State; d) the annual number of cases brought before the EU trade mark courts designated by each Member State in accordance with Article 123 EUTMR. As usual, we kindly invite you to use the ePlatform provided for this purpose. Regarding the annual number of EU trade mark applications originating from applicants in each Member State, your office should refer to the EUIPO’s statistics section in the following link https://euipo.europa.eu/ohimportal/en/the-office. Once you have uploaded the data in the ePlatform, a draft certificate is created for your approval and signature (please see the attached template). The signed certificate should then be uploaded to the ePlatform. If you have any doubts on the use of the ePlatform, please contact the MBBC Secretariat at [email protected]. 1 In the context of the services and procedures indicated in Article 172(4) EUTMR Avenida de Europa, 4, 03008 Alicante, Spain Tel. +34 965139100 • www.euipo.europa.eu Please accept my thanks in advance for your cooperation in the successful management of this process as defined by the EUTMR and adopted by the Management Board2. Yours sincerely Christian Archambeau Encl. Draft certificate template 2 Decision No MB-16-36, of 15 November 2016 2 Saatja: Margus Viher <[email protected]> Saadetud: 14.02.2022 16:26 Adressaat: Patendiamet <[email protected]> Teema: EUIPO - Launch of data gathering - Offsetting of costs under Art. 172 EUTMR From: MBBCSecretariat &lt;[email protected]&gt; Sent: Monday, February 14, 2022 4:21 PMSubject: EUIPO - Launch of data gathering - Offsetting of costs under Art. 172 EUTMR Dear Members We are pleased to forward you herewith a circular letter from the Executive Director of the EUIPO, Mr Christian Archambeau, concerning the offsetting of costs under Art. 172 EUTMR launch of data gathering. With kind regards Secretariat of the Management Board and the Budget Committee Institutional and Cooperation Department Institutional Relations Service European Union Intellectual Property Office Tel: +34 96 513 9972 Twitter: @EU_IPO XXX Date CERTIFICATE As per Article 172(5), second subparagraph, EUTMR, I, the undersigned, XXX, authorised to represent the XXX, hereby certify that the following indicators are true and verified to the best of my knowledge. XXX - annual number of EUTM applications originating from applicants in XXX; XXX - annual number of national trade mark applications in XXX; XXX - annual number of oppositions and applications for a declaration of invalidity submitted by proprietors of EUTMs in XXX; XXX - annual number of cases brought before the EUTM courts designated by XXX in accordance with Article 123 EUTMR. Signature and official stamp of the XXX :