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Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
Rule 26 Irregularities in Requests for Recording Under Rule 25
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.
[Irregular Request] If a request under Rule 25(1)(a) does not comply with the applicable requirements, and subject to paragraph (3), the International Bureau shall notify that fact to the holder and, if the request was made by an Office, to that Office. For the purposes of this Rule, where the request is for the recording of a limitation, the International Bureau shall only examine whether the numbers of the classes indicated in the limitation appear in the international registration concerned.
2.
[Time Allowed to Remedy Irregularity] The irregularity may be remedied within three months from the date of the notification of the irregularity by the International Bureau. If the irregularity is not remedied within three months from the date of the notification of the irregularity by the International Bureau, the request shall be considered abandoned, and the International Bureau shall notify accordingly and at the same time the holder and, if the request under Rule 25(1)(a) was presented by an Office, that Office, and refund any fees paid, after deduction of an amount corresponding to one-half of the relevant fees referred to in item 7 of the Schedule of Fees, to the party having paid those fees.
3.
[Requests Not Considered as Such] If the requirements of Rule 25(1)(b) are not complied with, the request shall not be considered as such and the International Bureau shall inform the sender accordingly.