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Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
Rule 11 Irregularities Other Than Those Concerning the Classification of Goods and Services or Their Indication
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.
[Deleted]
2.
[Irregularities to Be Remedied by the Applicant]
- a)
- b)
Such irregularities may be remedied by the applicant within three months from the date of the notification of the irregularity by the International Bureau. If an irregularity is not remedied within three months from the date of the notification of that irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the applicant and the Office of origin.
3.
[Irregularity to Be Remedied by the Applicant or by the Office of Origin]
- a)
Notwithstanding paragraph (2), where the fees payable under Rule 10 have been paid to the International Bureau by the Office of origin and the International Bureau considers that the amount of the fees received is less than the amount required, it shall notify at the same time the Office of origin and the applicant. The notification shall specify the missing amount.
- b)
The missing amount may be paid by the Office of origin or by the applicant within three months from the date of the notification by the International Bureau. If the missing amount is not paid within three months from the date of the notification of the irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the Office of origin and the applicant.
4.
[Irregularities to Be Remedied by the Office of Origin]
- a)
If the International Bureau
- (i)
finds that the international application does not fulfill the requirements of Rule 2 or was not presented on the official form prescribed under Rule 9(2)(a),
- (ii)
finds that the international application contains any of the irregularities referred to in Rule 15(1),
- (iii)
considers that the international application contains irregularities relating to the entitlement of the applicant to file an international application,
- (iv)
considers that the international application contains irregularities relating to the declaration by the Office of origin referred to in Rule 9(5)(d),
- (v)
[Deleted]
- (vi)
finds that the international application is not signed by the Office of origin, or
finds that the international application does not contain the date and number of the basic application or basic registration, as the case may be, it shall notify the Office of origin and at the same time inform the applicant.
- b)
Such irregularities may be remedied by the Office of origin within three months from the date of notification of the irregularity by the International Bureau. If an irregularity is not remedied within three months from the date of the notification of that irregularity by the International Bureau, the international application shall be considered abandoned and the International Bureau shall notify accordingly and at the same time the Office of origin and the applicant.
5.
[Reimbursement of Fees] Where, in accordance with paragraphs (2)(b), (3) or (4)(b), the international application is considered abandoned, the International Bureau shall refund any fees paid in respect of that application, after deduction of an amount corresponding to one-half of the basic fee referred to in item 2.1.1 of the Schedule of Fees, to the party having paid those fees.
6.
[Other Irregularity With Respect to the Designation of a Contracting Party]
- a)
Where, in accordance with Article 3(4) of the Protocol, an international application is received by the International Bureau within a period of two months from the date of receipt of that international application by the Office of origin and the International Bureau considers that a declaration of intention to use the mark is required according to Rule 9(5)(f) but is missing or does not comply with the applicable requirements, the International Bureau shall promptly notify accordingly and at the same time the applicant and the Office of origin.
- b)
The declaration of intention to use the mark shall be deemed to have been received by the International Bureau together with the international application if the missing or corrected declaration is received by the International Bureau within the period of two months referred to in subparagraph (a).
- c)
The international application shall be deemed not to contain the designation of the Contracting Party for which a declaration of intention to use the mark is required if the missing or corrected declaration is received after the period of two months referred to in subparagraph (b). The International Bureau shall notify accordingly and at the same time the applicant and the Office of origin, reimburse any designation fee already paid in respect of that Contracting Party and indicate that the designation of the said Contracting Party may be effected as a subsequent designation under Rule 24, provided that such designation is accompanied by the required declaration.
7.
[International Application Not Considered as Such] If the international application is presented direct to the International Bureau by the applicant or does not comply with the requirement applicable under Rule 6(1), the international application shall not be considered as such and shall be returned to the sender.