Article 13 Duration and Renewal of Registration

Geldend

Documentgegevens:

Geldend vanaf 01-08-1996

Bronpublicatie:: 27-10-1994, Trb. 1995, 255 (uitgifte: 03-11-1995, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-08-1996
Bronpublicatie inwerkingtreding:: 01-02-2007, Trb. 2007, 23 (uitgifte: 01-02-2007, kamerstukken/regelingnummer: -)
Vakgebied(en): Intellectuele-eigendomsrecht / Modellen- en merkenrecht

1. [Indications or Elements Contained in or Accompanying a Request for Renewal; Fee]

a)

Any Contracting Party may require that the renewal of a registration be subject to the filing of a request and that such request contain some or all of the following indications:

(i): an indication that renewal is sought;
(ii): the name and address of the holder;
(iii): the registration number of the registration concerned;
(iv): at the option of the Contracting Party, the filing date of the application which resulted in the registration concerned or the registration date of the registration concerned;
(v): where the holder has a representative, the name and address of that representative;
(vi): where the holder has an address for service, such address;
(vii): where the Contracting Party allows the renewal of a registration to be made for some only of the goods and/or services which are recorded in the register of marks and such a renewal is requested, the names of the recorded goods and/or services for which the renewal is requested or the names of the recorded goods and/or services for which the renewal is not requested, grouped according to the classes of the Nice Classification, each group preceded by the number of the class of that Classification to which that group of goods or services belongs and presented in the order of the classes of the said Classification;
(viii): where a Contracting Party allows a request for renewal to be filed by a person other than the holder or his representative and the request is filed by such a person, the name and address of that person;
(ix): a signature by the holder or his representative or, where item (viii) applies, a signature by the person referred to in that item.

b)

Any Contracting Party may require that, in respect of the request for renewal, a fee be paid to the Office. Once the fee has been paid in respect of the initial period of the registration or of any renewal period, no further payment may be required for the maintenance of the registration in respect of that period. Fees associated with the furnishing of a declaration and/or evidence of use shall not be regarded, for the purposes of this subparagraph, as payments required for the maintenance of the registration and shall not be affected by this subparagraph.

c)

Any Contracting Party may require that the request for renewal be presented, and the corresponding fee referred to in subparagraph b) be paid, to the Office within the period fixed by the law of the Contracting Party, subject to the minimum periods prescribed in the Regulations.

2. [Presentation]

As regards the requirements concerning the presentation of the request for renewal, no Contracting Party shall refuse the request,

(i): where the request is presented in writing on paper, if it is presented, subject to paragraph 3, 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 paragraph 3, to the request Form referred to in item (i).

3. [Language]

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

4. [Prohibition of Other Requirements]

No Contracting Party may demand that requirements other than those referred to in paragraphs 1 to 3 be complied with in respect of the request for renewal. In particular, the following may not be required:

(i): any reproduction or other identification of the mark;
(ii): the furnishing of evidence to the effect that the mark has been registered, or that its registration has been renewed, in the register of marks of any other Contracting Party;
(iii): the furnishing of a declaration and/or evidence concerning use of the mark.

5. [Evidence]

Any Contracting Party may require that evidence be furnished to the Office in the course of the examination of the request for renewal where the Office may reasonably doubt the veracity of any indication or element contained in the request for renewal.

6. [Prohibition of Substantive Examination]

No Office of a Contracting Party may, for the purposes of effecting the renewal, examine the registration as to substance.

7. [Duration]

The duration of the initial period of the registration, and the duration of each renewal period, shall be 10 years.