Trademark Law Treaty:Article 12 Correction of a Mistake

Trademark Law Treaty

Article 12 Correction of a Mistake

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1. [Correction of a Mistake in Respect of a Registration]

a)

Each Contracting Party shall accept that the request for the correction of a mistake which was made in the application or other request communicated to the Office and which mistake is reflected in its register of marks and/or any publication by the Office be made in a communication signed by the holder or his representative and indicating the registration number of the registration concerned, the mistake to be corrected and the correction to be entered. As regards the requirements concerning the presentation of the request, no Contracting Party shall refuse the request,

(i)

where the request is presented in writing on paper, if it is presented, subject to subparagraph c), on a form corresponding to the request Form provided for in the Regulations,

(ii)

where the Contracting Party allows the transmittal of communications to the Office by telefacsimile and the request is so transmitted, if the paper copy resulting from such transmittal corresponds, subject to subparagraph c), to the request Form referred to in item (i).

b)

Any Contracting Party may require that the request indicate

(i)

the name and address of the holder;

(ii)

where the holder has a representative, the name and address of that representative;

(iii)

where the holder has an address for service, such address.

c)

Any Contracting Party may require that the request be in the language, or in one of the languages, admitted by the Office.

d)

Any Contracting Party may require that, in respect of the request, a fee be paid to the Office.

e)

A single request shall be sufficient even where the correction relates to more than one registration of the same person, provided that the mistake and the requested correction are the same for each registration and that the registration numbers of all registrations concerned are indicated in the request.

2. [Correction of a Mistake in Respect of an Application]

Paragraph 1 shall apply, mutatis mutandis, where the mistake concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or his representative, the request otherwise identifies that application as prescribed in the Regulations.

3. [Prohibition of Other Requirements]

No Contracting Party may demand that requirements other than those referred to in paragraphs 1 and 2 be complied with in respect of the request referred to in this Article.

4. [Evidence]

Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt that the alleged mistake is in fact a mistake.

5. [Mistakes Made by the Office]

The Office of a Contracting Party shall correct its own mistakes, ex officio or upon request, for no fee.

6. [Uncorrectable Mistakes]

No Contracting Party shall be obliged to apply paragraphs 1, 2 and 5 to any mistake which cannot be corrected under its law.

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