Einde inhoudsopgave
Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
Rule 28 Corrections in the International Register
Geldend
Geldend vanaf 01-02-2020
- Bronpublicatie:
02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-2020
- Bronpublicatie inwerkingtreding:
02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Modellen- en merkenrecht
1.
[Correction] Where the International Bureau, acting ex officio or at the request of the holder or of an Office, considers that there is an error concerning an international registration in the International Register, it shall modify the Register accordingly.
2.
[Notification] The International Bureau shall notify accordingly the holder and, at the same time, the Offices of the designated Contracting Parties in which the correction has effect. In addition, where the Office that has requested the correction is not the Office of a designated Contracting Party in which the correction has effect, the International Bureau shall also inform that Office.
3.
[Refusal Following a Correction] Any Office referred to in paragraph (2) shall have the right to declare in a notification of provisional refusal addressed to the International Bureau that it considers that protection cannot, or can no longer, be granted to the international registration as corrected. Article 5 of the Protocol and Rules 16 to 18ter shall apply mutatis mutandis, it being understood that the period allowed for sending the said notification shall be counted from the date of sending the notification of the correction to the Office concerned.
4.
[Time Limit for Correction] Notwithstanding paragraph (1), an error which is attributable to an Office and the correction of which would affect the rights deriving from the international registration may be corrected only if a request for correction is received by the International Bureau within nine months from the date of publication of the entry in the International Register which is the subject of the correction.