Einde inhoudsopgave
Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
Rule 27bis Division of an International Registration
Geldend
Geldend vanaf 01-02-2020
- Bronpublicatie:
09-10-2019, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-2020
- Bronpublicatie inwerkingtreding:
09-10-2019, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Modellen- en merkenrecht
1.
[Request for the Division of an International Registration]
- a)
A request by the holder for the division of an international registration for some only of the goods and services in respect of a designated Contracting Party shall be presented to the International Bureau on the relevant official form by the Office of that designated Contracting Party, once the latter is satisfied that the division whose recording is requested meets the requirements of its applicable law, including the requirements concerning fees.
- b)
The request shall indicate
- (i)
the Contracting Party of the Office presenting the request,
- (ii)
the name of the Office presenting the request,
- (iii)
the number of the international registration,
- (iv)
the name of the holder,
- (v)
the names of the goods and services to be set apart, grouped in the appropriate classes of the International Classification of Goods and Services,
- (vi)
the amount of the fee being paid and the method of payment, or instructions to debit the required amount to an account opened with the International Bureau, and the identification of the party effecting the payment or giving the instructions.
- c)
The request shall be signed by the Office presenting the request and, where the Office so requires, also by the holder.
- d)
Any request presented under this paragraph may include or be accompanied by a statement sent in accordance with either Rule 18bis or 18ter for the goods and services listed in the request.
2.
[Fee] The division of an international registration shall be subject to the payment of the fee specified in item 7.7 of the Schedule of Fees.
3.
[Irregular Request]
- a)
If the request does not comply with the requirements specified in paragraph (1), the International Bureau shall invite the Office that presented the request to remedy the irregularity and at the same time inform the holder.
- b)
If the amount of the fees received is less than the amount of the fees referred to in paragraph (2), the International Bureau shall notify accordingly the holder and at the same time inform the Office that presented the request.
- c)
If the irregularity is not remedied within three months from the date of the communication under subparagraph (a) or (b), the request shall be considered abandoned and the International Bureau shall notify accordingly the Office that presented the request, it shall inform at the same time the holder and refund any fee paid under paragraph (2), after the deduction of an amount corresponding to one-half of that fee.
[…]
4.
[Recording and Notification]
- a)
Where the request complies with the applicable requirements, the International Bureau shall record the division, create a divisional international registration in the International Register, notify accordingly the Office that presented the request and shall inform at the same time the holder.
- b)
The division of an international registration shall be recorded with the date of receipt by the International Bureau of the request or, where applicable, the date where the irregularity referred to in paragraph (3) was remedied.
5.
[Request Not Considered as Such] A request for the division of an international registration in respect of a designated Contracting Party that is not or is no longer designated for the classes of the International Classification of Goods and Services mentioned in the request will not be considered as such.
6.
[Declaration That a Contracting Party Will Not Present Requests for Division] A Contracting Party, the law of which does not provide for division of applications for the registration of a mark or registrations of a mark, may notify the Director General, before the date this Rule comes into force or the date on which the said Contracting Party becomes bound by the Protocol, that it will not present to the International Bureau the request referred to in paragraph (1). This declaration may be withdrawn at any time.