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Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
Rule 22 Ceasing of Effect of the Basic Application, of the Registration Resulting Therefrom, or of the Basic Registration
Geldend
Geldend vanaf 01-11-2021
- Bronpublicatie:
08-10-2021, Trb. 2022, 19 (uitgifte: 01-03-2022, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-11-2021
- Bronpublicatie inwerkingtreding:
08-10-2021, Trb. 2022, 19 (uitgifte: 01-03-2022, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Modellen- en merkenrecht
1.
[Notification Relating to Ceasing of Effect of the Basic Application, of the Registration Resulting Therefrom, or of the Basic Registration]
- a)
Where Article 6(3)and (4) of the Protocol apply, the Office of origin shall notify the International Bureau accordingly and shall indicate
- (i)
the number of the international registration,
- (ii)
the name of the holder,
- (iii)
the facts and decisions affecting the basic registration, or, where the international registration concerned is based on a basic application which has not resulted in a registration, the facts and decisions affecting the basic application, or, where the international registration is based on a basic application which has resulted in a registration, the facts and decisions affecting that registration, and the effective date of those facts and decisions, and
- (iv)
where the said facts and decisions affect the international registration only with respect to some of the goods and services, those goods and services which are affected by the facts and decisions or those which are not affected by the facts and decisions.
- b)
Where a proceeding referred to in item (i), (ii) or (iii) of Article 6(3) of the Protocol began before the expiry of the five-year period but has not, before the expiry of that period, resulted in the final decision referred to in the second sentence of Article 6(3) of the Protocol or in the withdrawal or renunciation referred to in the third sentence of Article 6(3) of the Protocol, the Office of origin shall, where it is aware thereof and as soon as possible after the expiry of the said period, notify the International Bureau accordingly.
- c)
Once the proceeding referred to in subparagraph (b) has resulted in the final decision referred to in the second sentence of Article 6(3) of the Protocol or in the withdrawal or renunciation referred to in the third sentence of Article 6(3) of the Protocol, the Office of origin shall, where it is aware thereof, promptly notify the International Bureau accordingly and shall give the indications referred to in subparagraph (a)(i) to (iv). Where the proceeding referred to in subparagraph (b) has been completed and has not resulted in any of the aforesaid final decision, withdrawal or renunciation, the Office of origin shall, where it is aware thereof or at the request of the holder, promptly notify the International Bureau accordingly.
2.
[Recording and Transmittal of the Notification; Cancellation of the International Registration]
- a)
The International Bureau shall record any notification referred to in paragraph (1) in the International Register and shall transmit a copy of the notification to the Offices of the designated Contracting Parties and to the holder.
- b)
Where any notification referred to in paragraph (1)(a) or (c) requests cancellation of the international registration and complies with the requirements of that paragraph, the International Bureau shall cancel, to the extent applicable, the international registration in the International Register. The International Bureau shall also cancel, to the extent applicable, international registrations resulting from partial change in ownership or division recorded under the international registration that has been cancelled, following the above-mentioned notification, and those resulting from their merger.
- c)
Where the international registration has been cancelled in the International Register in accordance with subparagraph (b), the International Bureau shall notify the Offices of the designated Contracting Parties and the holder of the following:
- (i)
the date on which the international registration was cancelled in the International Register;
- (ii)
where the cancellation concerns all goods and services, that fact;
- (iii)
where the cancellation concerns only some of the goods and services, the goods and services indicated under paragraph (1)(a)(iv).