Einde inhoudsopgave
Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
Rule 30 Details Concerning Renewal
Geldend
Geldend vanaf 01-11-2022
- Bronpublicatie:
22-07-2022, Trb. 2022, 138 (uitgifte: 20-12-2022, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-11-2022
- Bronpublicatie inwerkingtreding:
22-07-2022, Trb. 2022, 138 (uitgifte: 20-12-2022, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Modellen- en merkenrecht
1.
[Fees]
- a)
The international registration shall be renewed upon payment, at the latest on the date on which the renewal of the international registration is due, of
- (i)
the basic fee,
- (ii)
where applicable, the supplementary fee, and,
- (iii)
the complementary fee or individual fee, as the case may be, for each designated Contracting Party for which no statement of refusal under Rule 18ter or invalidation, in respect of all the goods and services concerned, is recorded in the International Register, as specified or referred to in item 6 of the Schedule of Fees.
However, such payment may be made within six months from the date on which the renewal of the international registration is due, provided that the surcharge specified in item 6.5 of the Schedule of Fees is paid at the same time.
- b)
If any payment made for the purposes of renewal is received by the International Bureau earlier than six months before the date on which the renewal of the international registration is due, it shall be considered as having been received six months before the date on which renewal is due.
- c)
Without prejudice to paragraph (2), where a statement under Rule 18ter(2) or (4) has been recorded in the International Register for a Contracting Party in respect of which payment of individual fee is due under subparagraph (a)(iii), the amount of that individual fee shall be established taking into account the goods and services included in the said statement only.
2.
[Further Details]
- a)
Where the holder does not wish to renew the international registration in respect of a designated Contracting Party for which no statement of refusal under Rule 18ter, in respect of all the goods and services concerned, is recorded in the International Register, payment of the required fees shall be accompanied by a statement by the holder that the renewal of the international registration is not to be recorded in the International Register in respect of that Contracting Party.
- b)
Where the holder wishes to renew the international registration in respect of a designated Contracting Party notwithstanding the fact that a statement of refusal under Rule 18ter is recorded in the International Register for that Contracting Party in respect of all the goods and services concerned, payment of the required fees, including the complementary fee or individual fee, as the case may be, for that Contracting Party, shall be accompanied by a statement by the holder that the renewal of the international registration is to be recorded in the International Register in respect of that Contracting Party for all the goods and services concerned.
- c)
The international registration shall not be renewed in respect of any designated Contracting Party in respect of which an invalidation has been recorded for all goods and services under Rule 19(2) or in respect of which a renunciation has been recorded under Rule 27(1)(a). The international registration shall not be renewed in respect of any designated Contracting Party for those goods and services in respect of which an invalidation of the effects of the international registration in that Contracting Party has been recorded under Rule 19(2) or in respect of which a limitation has been recorded under Rule 27(1)(a).
- d)
[Deleted]
- e)
The fact that the international registration is not renewed in respect of all of the designated Contracting Parties shall not be considered to constitute a change for the purposes of Article 7(2) of the Protocol.
3.
[Insufficient Fees]
- a)
If the amount of the fees received is less than the amount of the fees required for renewal, the International Bureau shall promptly notify at the same time both the holder and the representative, if any, accordingly. The notification shall specify the missing amount.
- b)
If the amount of the fees received is, on the expiry of the period of six months referred to in paragraph (1)(a), less than the amount required under paragraph (1), the International Bureau shall not, subject to subparagraph (c), record the renewal, and shall reimburse the amount received to the party having paid it and notify accordingly the holder and the representative, if any.
- c)
If the notification referred to in subparagraph (a) was sent during the three months preceding the expiry of the period of six months referred to in paragraph (1)(a) and if the amount of the fees received is, on the expiry of that period, less than the amount required under paragraph (1) but is at least 70% of that amount, the International Bureau shall proceed as provided in Rule 31(1) and (3). If the amount required is not fully paid within three months from the said notification, the International Bureau shall cancel the renewal, notify accordingly the holder, the representative, if any, and the Offices which had been notified of the renewal, and reimburse the amount received to the party having paid it.
4.
[Period for Which Renewal Fees Are Paid] The fees required for each renewal shall be paid for ten years.