Trademark Law Treaty:Regulations under the Trademark Law Treaty

Trademark Law Treaty

Regulations under the Trademark Law Treaty

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

List of Rules

Rule 1 Abbreviated Expressions

Rule 2 Manner of Indicating Names and Addresses

Rule 3 Details Concerning the Application

Rule 4 Details Concerning Representation

Rule 5 Details Concerning the Filing Date

Rule 6 Details Concerning the Signature

Rule 7 Manner of Identification of an Application Without Its Application Number

Rule 8 Details Concerning Duration and Renewal

List of Model International Forms

: Form No. 1 Application for the Registration of a Mark
: Form No. 2 Power of Attorney
: Form No. 3 Request for the Recordal of Change(s) in Name(s) and/or Address(es)
: Form No. 4 Request for the Recordal of a Change in Ownership in Respect of Registration(s) and/or Application(s) for Registration of Marks
: Form No. 5 Certificate of Transfer in Respect of Registration(s) and/or Application(s) for Registration of Marks
: Form No. 6 Transfer Document in Respect of Registration(s) and/or Application(s) for Registration of Marks
: Form No. 7 Request for the Correction of Mistake(s) in Registration(s) and/or Application(s) for Registration of Marks
: Form No. 8 Request for the Renewal of a Registration

Rule 1. Abbreviated Expressions

1. [‘Treaty ’; ‘Article ’]

a)

In these Regulations, the word ‘Treaty’ means the Trademark Law Treaty.

b)

In these Regulations, the word ‘Article’ refers to the specified Article of the Treaty.

2. [Abbreviated Expressions Defined in the Treaty]

The abbreviated expressions defined in Article 1 for the purposes of the Treaty shall have the same meaning for the purposes of the Regulations.

Rule 2. Manner of Indicating Names and Addresses

1. [Names]

a)

Where the name of a person is to be indicated, any Contracting Party may require,

(i): where the person is a natural person, that the name to be indicated be the family or principal name and the given or secondary name or names of that person or that the name to be indicated be, at that person's option, the name or names customarily used by the said person;
(ii): where the person is a legal entity, that the name to be indicated be the full official designation of the legal entity.

b)

Where the name of a representative which is a firm or partnership is to be indicated, any Contracting Party shall accept as indication of the name the indication that the firm or partnership customarily uses.

2. [Addresses]

a)

Where the address of a person is to be indicated, any Contracting Party may require that the address be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, consist of all the relevant administrative units up to, and including, the house or building number, if any.

b)

Where a communication to the Office of a Contracting Party is in the name of two or more persons with different addresses, that Contracting Party may requi re[lees: require] that such communication indicate a single address as the address for correspondence.

c)

The indication of an address may contain a telephone number and a telefacsimile number and, for the purposes of correspondence, an address different from the address indicated under subparagraph a).

d)

Subparagraphs a) and c) shall apply, mutatis mutandis, to addresses for service.

3. [Script to Be Used]

Any Contracting Party may require that any indication referred to in paragraphs 1 and 2 be in the script used by the Office.

Rule 3. Details Concerning the Application

1. [Standard Characters]

Where, pursuant to Article 3(1)a(ix), the application contains a statement to the effect that the applicant wishes that the mark be registered and published in the standard characters used by the Office of the Contracting Party, the Office shall register and publish that mark in such standard characters.

2. [Number of Reproductions]

a)

Where the application does not contain a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, a Contracting Party may not require more than

(i): five reproductions of the mark in black and white where the application may not, under the law of that Contracting Party, or does not contain a statement to the effect that the applicant wishes the mark to be registered and published in the standard characters used by the Office of the said Contracting Party;
(ii): one reproduction of the mark in black and white where the application contains a statement to the effect that the applicant wishes the mark to be registered and published in the standard characters used by the Office of that Contracting Party.

b)

Where the application contains a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, a Contracting Party may not require more than five reproductions of the mark in black and white and five reproductions of the mark in color.

3. [Reproduction of a Three-Dimensional Mark]

a)

Where, pursuant to Article 3(1)a)(xi), the application contains a statement to the effect that the mark is a three-dimensional mark, the reproduction of the mark shall consist of a two-dimensional graphic or photographic reproduction.

b)

The reproduction furnished under subparagraph a) may, at the option of the applicant, consist of one single view of the mark or of several different views of the mark.

c)

Where the Office considers that the reproduction of the mark furnished by the applicant under subparagraph a) does not sufficiently show the particulars of the three-dimensional mark, it may invite the applicant to furnish, within a reasonable time limit fixed in the invitation, up to six different views of the mark and/or a description by words of that mark.

d)

Where the Office considers that the different views and/ or the description of the mark referred to in subparagraph c) still do not sufficiently show the particulars of the three-dimensional mark, it may invite the applicant to furnish, within a reasonable time limit fixed in the invitation, a specimen of the mark.

e)

Paragraph 2a)(i) and b) shall apply mutatis mutandis.

4. [Transliteration of the Mark]

For the purposes of Article 3(1)a)(xiii), where the mark consists of or contains matter in script other than the script used by the Office or numbers expressed in numerals other than numerals used by the Office, a transliteration of such matter in the script and numerals used by the Office may be required.

5. [Translation of the Mark]

For the purposes of Article 3(1)a)(xiv), where the mark consists of or contains a word or words in a language other than the language, or one of the languages, admitted by the Office, a translation of that word or those words into that language or one of those languages may be required.

6. [Time Limit for Furnishing Evidence of Actual Use of the Mark]

The time limit referred to in Article 3(6) shall not be shorter than six months counted from the date of allowance of the application by the Office of the Contracting Party where that application was filed. The applicant or holder shall have the right to an extension of that time limit, subject to the conditions provided for by the law of that Contracting Party, by periods of at least six months each, up to a total extension of at least two years and a half.

Rule 4. Details Concerning Representation

The time limit referred to in Article 4(3)d) shall be counted from the date of receipt of the communication referred to in that Article by the Office of the Contracting Party concerned and shall not be less than one month where the address of the person on whose behalf the communication is made is on the territory of that Contracting Party and not less than two months where such an address is outside the territory of that Contracting Party.

Rule 5. Details Concerning the Filing Date

1. [Procedure in Case of Non-Compliance with Requirements]

If the application does not, at the time of its receipt by the Office, comply with any of the applicable requirements of Article 5(1)a) or (2)a), the Office shall promptly invite the applicant to comply with such requirements within a time limit indicated in the invitation, which time limit shall be at least one month from the date of the invitation where the applicant's address is on the territory of the Contracting Party concerned and at least two months where the applicant's address is outside the territory of the Contracting Party concerned. Compliance with the invitation may be subject to the payment of a special fee. Even if the Office fails to send the said invitation, the said requirements remain unaffected.

2. [Filing Date in Case of Correction]

If, within the time limit indicated in the invitation, the applicant complies with the invitation referred to in paragraph 1 and pays any required special fee, the filing date shall be the date on which all the required indications and elements referred to in Article 5(1)a) have been received by the Office and, where applicable, the required fee referred to in Article 5(2)a) has been paid to the Office. Otherwise, the application shall be treated as if it had not been filed.

3. [Date of Receipt]

Each Contracting Party shall be free to determine the circumstances in which the receipt of a document or the payment of a fee shall be deemed to constitute receipt by or payment to the Office in cases in which the document was actually received by or payment was actually made to

(i): a branch or sub-office of the Office,
(ii): a national Office on behalf of the Office of the Contracting Party, where the Contracting Party is an intergovernmental organization referred to in Article 19(1)(ii),
(iii): an official postal service,
(iv): a delivery service, other than an official postal service, specified by the Contracting Party.

4. [Use of Telefacsimile]

Where a Contracting Party allows the filing of an application by telefacsimile and the application is filed by telefacsimile, the date of receipt of the telefacsimile by the Office of that Contracting Party shall constitute the date of receipt of the application, provided that the said Contracting Party may require that the original of such application reach the Office within a time limit which shall be at least one month from the day on which the telefacsimile was received by the said Office.

Rule 6. Details Concerning the Signature

1. [Legal Entities]

Where a communication is signed on behalf of a legal entity, any Contracting Party may require that the signature, or the seal, of the natural person who signs or whose seal is used be accompanied by an indication in letters of the family or principal name and the given or secondary name or names of that person or, at the option of that person, of the name or names customarily used by the said person.

2. [Communication by Telefacsimile]

The period referred to in Article 8(2)b) shall not be less than one month from the date of the receipt of a transmittal by telefacsimile.

3. [Date]

Any Contracting Party may require that a signature or seal be accompanied by an indication of the date on which the signing or sealing was effected. Where that indication is required but is not supplied, the date on which the signing or sealing is deemed to have been effected shall be the date on which the communication bearing the signature or seal was received by the Office or, if the Contracting Party so allows, a date earlier than the latter date.

Rule 7. Manner of Identification of an Application Without Its Application Number

1. [Manner of Identification]

Where it is required that an application be identified by its application number but where such a number has not yet been issued or is not known to the applicant or his representative, that application shall be considered identified if the following is supplied:

(i): the provisional application number, if any, given by the Office, or
(ii): a copy of the application, or
(iii): a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or the representative, the application was received by the Office and an identification number given to the application by the applicant or the representative.

2. [Prohibition of Other Requirements]

No Contracting Party may demand that requirements other than those referred to in paragraph 1 be complied with in order for an application to be identified where its application number has not yet been issued or is not known to the applicant or his representative.

Rule 8. Details Concerning Duration and Renewal

For the purposes of Article 13(1)c), the period during which the request for renewal may be presented and the renewal fee may be paid shall start at least six months before the date on which the renewal is due and shall end at the earliest six months after that date. If the request for renewal is presented and/or the renewal fees are paid after the date on which the renewal is due, any Contracting Party may subject the renewal to the payment of a surcharge.

MODEL INTERNATIONAL FORM N° 1

APPLICATION FOR THE REGISTRATION OF A MARK

submitted to the Office of …

For Office use only

Reference number of applicant:1. … Reference number of representative:1. …

1.

Request for Registration

Registration of the mark reproduced in the present application is hereby requested.

2.

Applicant(s)

2.1.

If the applicant is a natural person, the person's

(a): family or principal name:2.
(b): given or secondary name(s):2.

2.2.

If the applicant is a legal entity, the entity's full official designation:

2.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

2.4.

State of nationality:

State of domicile:

State of establishment:3.

2.5.

Where the applicant is a legal entity, indicate

—: the legal nature of the legal entity:
—: the State, and, where applicable, the territorial unit within that State, under the law of which the legal entity is organized:

2.6.

☐ Check this box if there is more than one applicant; in that case, list them on an additional sheet and indicate, in respect of each of them, the date referred to in items 2.1 or 2.2, 2.3, 2.4 and 2.5.4.

3.

Representative

3.1.

☐ The applicant is not represented.

3.2.

☐ The applicant is represented.

3.2.1.

Identification of the representative

3.2.1.1.: Name:
3.2.1.2.: Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

3.2.2.

☐ The power of attorney is already in the possession of the Office. Serial number: …5.

3.2.3.

☐ The power of attorney is attached.

3.2.4.

☐ The power of attorney will be furnished at a later date.

3.2.5.

☐ No power of attorney is needed.

4.

Address for Service6.

5.

Claiming of Priority

☐ The applicant hereby claims the following priority:

5.1.

Country (Office) of first filing:7.

5.2.

Date of first filing:

5.3.

Application number of first filing (if available):

5.4.

The certified copy of the application the priority of which is claimed8.

5.4.1.: ☐ is attached.
5.4.2.: ☐ will be furnished within three months from the filing date of the present application.

5.5.

The translation of the certified copy

5.5.1.: ☐ is attached.
5.5.2.: ☐ will be furnished within three months from the filing date of the present application.

5.6.: ☐ Check this box if there is more than one filling whose priority is claimed; in that case, list them in an additional sheet and indicate, in respect of each of them, the information referred to in items 5.1, 5.2, 5.3, 5.4 and 5.5 and the goods and/or services mentioned in each of them.

6.

Registration(s) in the Country (Office) of Origin9.

☐ The certificate(s) of registration in the country (Office) of origin is (are) attached.

7.

Protection Resulting From Display in an Exhibition

☐ Check this box if the applicant wishes to take advantage of any protection resulting from the display of goods and/or services in an exhibition. In that case, give the details on an additional sheet.

8.

Reproduction of the Mark

(8 cm × 8 cm)

id-7a167cc02e6e75553de879d61b7229ac

8.1.

☐ The applicant wishes that the Office register and publish the mark in the standard characters used by it.10.

8.2.

☐ Color is claimed as a distinctive feature of the mark.

8.2.1.: Name(s) of the color(s) claimed:
8.2.2.: Principal parts of the mark which are in that (those) color(s):

8.3.

☐ The mark is three-dimensional.

☐ …11. different views of the mark are attached.

8.4.

…12. reproduction(s) of the mark in black and white is (are) attached.

8.5.

…12. reproduction(s) of the mark in color is (are) attached.

9.

Transliteration of the Mark

The mark or part of the mark is transliterated as follows:

10.

Translation of the Mark

The mark or part of the mark is translated as follows:

11.

Goods and/or Services

Names of the goods and/or services:13.

☐ Check this box if the space above is not sufficient; in that case, give the names of the goods and/or services on an additional sheet.

12.

Declaration Concerning Intention to Use or Actual Use; Evidence of Actual Use

12.1.: ☐ Check this box if a declaration is attached.
12.2.: ☐ Check this box if evidence of actual use is attached.

13.

Requirements Relating to Languages

☐ Check this box if an attachment is enclosed in order to comply with any language requirement applicable with respect to the Office.14.

14.

Signature or Seal

14.1.

Name of the natural person who signs or whose seal is used:

14.2.

Check the appropriate box according to whether the signature is given, or the seal is used, by or on behalf of the

14.2.1.: ☐ applicant.
14.2.2.: ☐ representative.

14.3.

Date of signature or of sealing:

14.4.

Signature or seal:

15.

Fee(s)

15.1.: Currency and amount(s) of the fee(s) paid in connection with the present application:
15.2.: Method of payment:

16.

Additional Sheets and Attachments

☐ Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

MODEL INTERNATIONAL FORM N° 2

POWER OF ATTORNEY

for procedures before the Office of …

For Office use only

Reference number of person making the appointment:1. …

1.

Appointment

The undersigned hereby appoints as his representative the person identified in item 3, below.

2.

Name of the Person Making the Appointment2.

3.

Representative

3.1.

Name:

3.2.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

4.

Application(s) and/or Registration(s) Concerned

This power of attorney concerns:

4.1.

☐ all existing and future applications and/or registrations of the person making the appointment, subject to any exception indicated on an additional sheet.

4.2.

☐ the following application(s) and/or registration(s):

4.2.1.: the application(s) concerning the following mark(s):3.
4.2.2.: the application(s) having the following application number(s)4. as well as any registration(s) resulting therefrom:
4.2.3.: the registration(s) having the following registration number(s):
4.2.4.: ☐ If the spaces under 4.2.1, 4.2.2 or 4.2.3 are not sufficient, check this box and provide the information on an additional sheet.

5.

Scope of the Power of Attorney

5.1.

☐ Check this box if the representative has the right to act as representative for all purposes, including, where the person making the appointment is an applicant or a holder, the following purposes:

5.1.1.: ☐ withdrawal of the application(s)
5.1.2.: ☐ surrender of the registration(s)

5.2.

☐ Check this box if the representative does not have the right to act as representative for all purposes and indicate here or on an additional sheet the purposes excluded from the powers of the representative:

6.

Signature or Seal

6.1.: Name of the natural person who signs or whose seal is used:
6.2.: Date of signature or of sealing:
6.3.: Signature or seal:

7.: Additional Sheets and Attachments
☐ Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

MODEL INTERNATIONAL FORM N° 3

REQUEST FOR THE RECORDAL OF CHANGE(S) IN NAME(S) OR ADDRESS(ES)

in respect of registration(s) and/or

application(s) for registration of mark(s)

submitted to the Office of …

For Office use only

Reference number of holder and/or applicant:1. … Reference number of representative:1. …

1.

Request for Recordal

The recordal of the change(s) indicated in the present request is hereby requested.

2.

Registration(s) and/or Application(s) Concerned

The present request concerns the following registration(s) and/or application(s):

2.1.: Registration number(s):
2.2.: Application number(s):2.
2.3.: ☐ If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3.

Holder(s) and/or Applicant(s)

3.1.

If the holder and/or applicant is a natural person, the person's

(a): family or principal name:3.
(b): given or secondary name(s):3.

3.2.

If the holder and/or applicant is a legal entity, the entity's full official designation:

3.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

3.4.

☐ Check this box if there is more than one holder and/or applicant; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 3.1 or 3.2 and 3.3.

4.

Representative

4.1.

Name:

4.2.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

4.3.

Serial number of the power of attorney:4.

5.

Address for Service

6.

Indication of the Change(s)

6.1.: Data to be changed:
Data as changed:5.
6.2.: ☐ Check this box if the above space is insufficient; in that case, indicate on an additional sheet the data to be changed with the data as changed.

7.

Signature or Seal

7.1.

Name of the natural person who signs or whose seal is used:

7.2.

Check the appropriate box according the whether the signature is given, or the seal is used, by or on behalf of the

7.2.1.: ☐ holder and/or applicant.
7.2.2.: ☐ representative.

7.3.

Date of signature or of sealing:

7.4.

Signature or seal:

8.

Fee

8.1.: Currency and amount of the fee paid in connection with the present request for the recordal of change(s):
8.2.: Method of payment:

9.

Additional Sheets and Attachments

☐: Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

MODEL INTERNATIONAL FORM N° 4

REQUEST FOR THE RECORDAL OF A CHANGE IN OWNERSHIP

in respect of registration(s) and/or

application(s) for registration of marks

submitted to the Office of …

For Office use only

Reference number of holder and/or applicant:1. …Reference number of representative:1. …

1.

Request for Recordal

The recordal of the change in ownership indicated in the present request is hereby requested.

2.

Registration(s) and/or Application(s) Concerned

The present request concerns the following registration(s) and/or application(s):

2.1.: Registration number(s):
2.2.: Application number(s):2.
2.3.: ☐ If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3.

Goods and/or Services Affected by the Change

3.1.: ☐ Check this box where all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 are affected by the change.
3.2.: ☐ Check this box where item 2 mentions only one application or registration and where only some of the goods and/or services listed in that application or registration are affected by the change and indicate the goods and/or services that should appear in the application or registration of the new owner (in which case the goods and/or services not indicated will remain in the application or registration of the applicant or holder):
3.3.: ☐ Check this box where item 2 mentions more than one application or registration and if in respect of at least one of them the change affects less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the change affects all the goods and/or services or only some of them. In respect of any application or registration where only some of the goods and/or services are affected by the change, make the indication in the way specified in item 3.2.

4.

Basis for the Change in Ownership

4.1.

☐ The change in ownership results from a contract.

One of the following documents is enclosed:

4.1.1.: ☐ a copy, certified as being in conformity with the original, of the contract.
4.1.2.: ☐ an extract, certified as being a true extract, of the contract.
4.1.3.: ☐ a certificate of transfer.
4.1.4.: ☐ a transfer document.

4.2.

☐ The change in ownership results from a merger.

A copy, certified as being in conformity with the original, of the following document, evidencing the merger, is enclosed:

4.2.1.: ☐ extract from the register of commerce.
4.2.2.: ☐ other document originating from the competent authority.

4.3.

☐ The change in ownership does not result from a contract or a merger.

4.3.1.: ☐ A copy, certified as being in conformity with the original, of a document evidencing the change is enclosed.

5.

Holder(s) and/or Applicant(s)

5.1.

If the holder and/or applicant is a natural person, the person's

(a): family or principal name:3.
(b): given or secondary name(s):3.

5.2.

If the holder and/or applicant is a legal entity, the entity's full official designation:

5.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

5.4.

☐ Check this box if there is more than one holder and/or applicant affected by the change; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 5.1 or 5.2 and 5.3.

5.5.

☐ Check this box if the holder and/or applicant, or one of the holders and/or applicants, has changed names and/or addresses without requesting the recordal of that change, and enclose a document evidencing that the person having transferred the ownership and the holder and/or applicant are the same person.

6.

Representative of the Holder and/or Applicant

6.1.

Name:

6.2.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

6.3.

Serial number of the power of attorney:4.

7.

Address for Service of the Holder and/or Applicant

8.

New Owner(s)

8.1.

If the new owner is a natural person, the person's

(a): family or principal name:5.
(b): given or secondary name(s):5.

8.2.

If the new owner is a legal entity, the entity's full official designation:

8.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

8.4.

State of nationality:

State of domicile:

State of establishment:6.

8.5.

Where the new owner is a legal entity, indicate

—: the legal nature of the legal entity:
—: the State, and, where applicable, the territorial unit within that State, under the law of which the legal entity is organized:

8.6.

☐ Check this box if there is more than one new owner; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 8.1 or 8.2, 8.3, 8.4 and 8.5.7.

9.

Representative of the New Owner

9.1.

☐ The new owner is not represented.

9.2.

☐ The new owner is represented.

9.2.1.

Identification of the representative

9.2.1.1.

Name:

9.2.1.2.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

9.2.2.

☐ The power of attorney is already in the possession of the Office. Serial number: …8.

9.2.3.

☐ The power of attorney is attached.

9.2.4.

☐ The power of attorney will be furnished at a later date.

9.2.5.

☐ No power of attorney is needed.

10.

Address for Service of the New Owner9.

11.

Signature or Seal

11.1.

Name of the natural person who signs or whose seal is used:

11.2.

Check the appropriate box according to whether the signature is given, or the seal is used, by or on behalf of the

11.2.1.: ☐ holder and/or applicant.
11.2.2.: ☐ new owner.
11.2.3.: ☐ representative.

11.3.

Date of signature or of sealing:

11.4.

Signature or seal:

12.

Fee

12.1.: Currency and amount of the fee paid in connection with the present request for the recordal of a change in ownership:
12.2.: Method of payment:

13.

Additional Sheets and Attachments

☐ Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

MODEL INTERNATIONAL FORM N° 5

CERTIFICATE OF TRANSFER

in respect of registration(s) and/or

application(s) for registration of marks

submitted to the Office of …

For Office use only

1.

Certification

The undersigned transferor(s) and transferee(s) hereby certify that the ownership of the registration(s) and/or application(s) identified below has been transferred by contract.

2.

Registration(s) and/or Application(s) Concerned

The present certificate concerns the transfer of the following registration(s) and/or application(s):

2.1.: Registration number(s):
2.2.: Application number(s):1.
2.3.: ☐ If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3.

Goods and/or Services Affected by the Transfer

3.1.: ☐ Check this box where all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 have been affected by the transfer.
3.2.: ☐ Check this box where item 2 mentions only one application or registration and where only some of the goods and/or services listed in that application or registration have been affected by the transfer and indicate the goods and/or services that have been affected by the transfer:
3.3.: ☐Check this box where item 2 mentions more than one application or registration and if in respect of at least one of them the transfer has affected less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the transfer affected or only some of them. In respect of any application or registration where only some of the goods and/or services were affected by the transfer, make the indication in the way specified in item 3.2.

4.

Transferor(s)

4.1.

If the transferor is a natural person, the person's

(a): family or principal name:2.
(b): given or secondary name(s):2.

4.2.

If the transferor is a legal entity, the entity's full official designation:

4.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

4.4.

☐ Check this box if there is more than one transferor: in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 4.1 or 4.2 and 4.3.

5.

Transferee(s)

5.1.

If the transferee is a natural person, the person's

(a): family or principal name:3.
(b): given or secondary name(s):3.

5.2.

If the transferee is a legal entity, the entity's full official designation:

5.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

5.4.

☐ Check this box if there is more than one transferee; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 5.1 or 5.2 and 5.3.

6.

Signatures or Seals

6.1.

Signature(s) or seals(s) of the transferor(s)

6.1.1.: Name(s) of the natural person(s) who sign(s) or whose seal(s) is (are) used:
6.1.2.: Date of signature(s) or of sealing(s):
6.1.3.: Signature(s) or seal(s):

6.2.

Signature(s) or seal(s) of the transferee(s)

6.2.1.: Name(s) of the natural person(s) who sign(s) or whose seal(s) is (are) used:
6.2.2.: Date of signature(s) or of sealing(s):
6.2.3.: Signature(s) or seal(s):

7.

Additional Sheets and Attachments

☐: Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

MODEL INTERNATIONAL FORM N° 6

TRANSFER DOCUMENT

in respect of registration(s) and/or

application(s) for registration of marks

submitted to the Office of …

For Office use only

1.

Declaration of Transfer

The undersigned transferor(s) transfers (transfer) to the undersigned transferee(s) the ownership of the registration(s) and/or application(s) identified below.

2.

Registration(s) and/or Application(s) Concerned

The present document concerns the transfer of the following registration(s) and/or application(s):

2.1.: Registration number(s):
2.2.: Application number(s):1.
2.3.: ☐ If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3.

Goods and/or Services Affected by the Transfer

3.1.: ☐ Check this box where all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 are affected by the transfer.
3.2.: ☐ Check this box where item 2 mentions only one application or registration and where only some of the goods and/or services listed in that application or registration are affected by the transfer and indicate the goods and/or services that are affected by the transfer:
3.3.: ☐ Check this box where item 2 mentions more than one application or registration and if in respect of at least one of them the transfer affects less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the transfer affects all the goods and/or services or only some of them. In respect of any application or registration where only some of the goods and/or services are affected by the transfer, make the indication in the way specified in item 3.2.

4.

Transferor(s)

4.1.

If the transferor is a natural person, the person's

(a): family or principal name:2.
(b): given or secondary name(s):2.

4.2.

If the transferor is a legal entity, the entity's full official designation:

4.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

4.4.

☐ Check this box if there is more than one transferor; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 4.1 or 4.2 and 4.3.

5.

Transferee(s)

5.1.

If the transferee is a natural person, the person's

(a): family or principal name:3.
(b): given or secondary name(s):3.

5.2.

If the transferee is a legal entity, the entity's full official designation:

5.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

5.4.

☐ Check this box if there is more than one transferee; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 5.1 or 5.2 and 5.3.

6.

Additional Indications (see the Annex to this Form (attached))

(the furnishing of any of those indications is optional for the purposes of recordal of the change in ownership)

☐ Check this box if the Annex is used.

7.

Signatures or Seals

7.1.

Signature(s) or seal(s) of the transferor(s)

7.1.1.: Name(s) of the natural person(s) who sign(s) or whose seal(s) is (are) used:
7.1.2.: Date of signature(s) or of sealing(s):
7.1.3.: Signature(s) or seal(s):

7.2.

Signature(s) or seal(s) of the transferee(s)

7.2.1.: Name(s) of the natural person(s) who sign(s) or whose seal(s) is (are) used:
7.2.2.: Date of signature(s) or of sealing(s):
7.2.3.: Signature(s) or seal(s):

8.

Additional Sheets, Attachments and Annex

☐: Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:
☐: Check this box if an Annex is enclosed and indicate the number of the pages of the Annex and the number of any additional sheets to the Annex:

Annex to Form N° 6

Additional Indications Relating to a Transfer Document (Item 6)

A.

Transfer of Goodwill or Business

(a) ☐: Check this box where the transfer is made with the relevant goodwill or the business in respect of all the goods and/or services listed in the application(s) and/or registration(s) referred to in item 2 of the transfer document.
(b) ☐: Check this box where item 2 of the transfer document mentions only one application or registration and where the transfer is made with the relevant goodwill or the business in respect of only some of the goods and/or services listed in that application or registration and indicate the goods and/or services in respect of which the transfer is made with the relevant goodwill or the business:
(c) ☐: Check this box where item 2 of the transfer document mentions more than one application or registration and if in respect of at least one of them the transfer is made with the relevant goodwill or the business in respect of less than all the goods and/or services listed. In this case, indicate on an additional sheet, separately in respect of each application and/or registration, whether the transfer is made with the relevant goodwill or the business in respect of all the goods and/or services or only some of them, In respect of any application or registration where the transfer is made with the relevant goodwill or the business in respect of only some of the goods and/or services, make the indication in the way specified in item (b).

B.

Transfer of Rights Resulting from Use

The rights, arising from the use of the mark, are transferred in respect of

(a) ☐: all registration(s) and/or application(s).
(b) ☐: only the following registration(s) and/or application(s):

C.

Transfer of the Right to Sue

☐ The transferee shall have the right to sue for past infringements.

D.

Consideration

(a) ☐: The transfer is effected in consideration for money received.
(b) ☐: The transfer is effected in consideration for money received and other good and valuable consideration.
(c) ☐: The transferor hereby acknowledges receipt of the above-mentioned consideration.

E.

Effective Date of the Transfer

(a) ☐: The transfer is effective as of the date of signature of the present transfer document.
(b) ☐: The transfer is effective as of the following date: …

MODEL INTERNATIONAL FORM N° 7

REQUEST FOR THE CORRECTION OF MISTAKE(S)

in registration(s) and/or

application(s) for registration of marks

submitted to the Office of …

For Office use only

Reference number of holder and/or applicant:1. …Reference number of representative:1. …

1.

Request for Correction

The correction(s) identified in the present request is (are) hereby requested.

2.

Registration(s) and/or Application(s) Concerned

The present request concerns the following registration(s) and/or application(s):

2.1.: Registration number(s):
2.2.: Application number(s):2.
2.3 ☐: If the spaces under 2.1 or 2.2 are not sufficient, check this box and provide the information on an additional sheet.

3.

Holder(s) and/or Applicant(s)

3.1.

If the holder and/or applicant is a natural person, the person's

(a): family or principal name:3.
(b): given or secondary name(s):3.

3.2.

If the holder and/or applicant is a legal entity, the entity's full official designation:

3.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

3.4 ☐

Check this box if there is more than one holder and/or applicant; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 3.1 or 3.2 and 3.3.

4.

Representative

4.1.

Name:

4.2.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

4.3.

Serial number of the power of attorney:4.

5.

Address for Service

6.

Indication of Mistake(s) and Correction(s)

6.1.: Data to be corrected:
Data as corrected:
6.2 ☐: Check this box if the above space is insufficient; in that case, indicate on an additional sheet the data to be corrected with the data as corrected.

7.

Signature or Seal

7.1.

Name of the natural person who signs or whose seal is used:

7.2.

Check the appropriate box according to whether the signature is given, or the seal is used, by or on behalf of the

7.2.1.: ☐ holder and/or applicant.
7.2.2.: ☐ representative.

7.3.

Date of signature or of sealing:

7.4.

Signature or seal:

8.

Fee

8.1.: Currency and amount of the fee paid in connection with the present request for correction:
8.2.: Method of payment:

9.

Additional Sheets and Attachments

☐ Check this box if additional sheets and/or attachments are enclosed and indicate the total number of such sheets and/or attachments:

MODEL INTERNATIONAL FORM N° 8

REQUEST FOR THE RENEWAL OF A REGISTRATION

submitted to the Office of …

For Office use only

Reference number of holder:1. … Reference number of representative:1. …

1.

Indication That a Renewal Is Sought

The renewal of the registration identified in the present request is hereby requested.

2.

Registration Concerned

2.1.: Registration number:
2.2.: Filing date of the application which resulted in the registration:
Registration date:

3.

Holder(s)

3.1.

If the holder is a natural person, the person's

(a): family or principal name:2.
(b): given or secondary name(s):2.

3.2.

If the holder is a legal entity, the entity's full official designation:

3.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

3.4 ☐

Check this box if there is more than one holder; in that case, list them on an additional sheet and indicate, in respect of each of them, the data referred to in items 3.1 or 3.2 and 3.3.

4.

Representative of the Holder

4.1.

Name:

4.2.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

4.3.

Serial number of the power of attorney:3.

5.

Address for Service of the Holder

6.

Goods and/or Services4.

6.1 ☐: Renewal is requested for all the goods and/or services covered by the registration.
6.2 ☐: Renewal is only requested for the following goods and/or services covered by the registration:5.
6.3 ☐: Renewal is requested for all the goods and/or services covered by the registration except the following:6.
6.4 ☐: Check this box if the above space is insufficient and use an additional sheet.

7.

Person, Other Than the Holder or the Representative of the Holder, who Files the Present Request For Renewal

IMPORTANT: A person other than the holder or the representative of the holder may file a request for renewal only where the Contracting Party concerned allows it. Consequently, the present item cannot be completed if the Contracting Party whose Office is the Office identified on the first page of the present request for renewal does not allow a request for renewal to be filed by a person other than the holder or the representative of the holder.

☐ Check this box if the present request for renewal is filed by a person other than the holder or the representative of the holder.

7.1.

If the person is a natural person, the person's

(a): family or principal name:
(b): given or secondary name(s):

7.2.

If the person is a legal entity, the entity's full official designation:

7.3.

Address (including postal code and country):

Telephone number(s):	Telefacsimile number(s):
(with the area code)	(with the area code)

8.

Signature or Seal

8.1.

Name of the natural person who signs or whose seal is used:

8.2.

Check the appropriate box according to whether the signature is given, or the seal is used, by or on behalf of the

8.2.1 ☐: holder.
8.2.2 ☐: representative of the holder.
8.2.3 ☐: person referred to in item 7.

8.3.

Date of signature or of sealing:

8.4.

Signature or seal:

9.

Fee

9.1.: Currency and amount of the fee paid in connection with the present request for renewal:
9.2.: Method of payment:

10.

Additional Sheets

☐ Check this box if additional sheets are enclosed and indicate the total number of such sheets:

Toon alle voetnoten

Voetnoten

The reference number allotted by the applicant and/or the reference number allotted by the representative to the present application may be indicated in this space.

The names to be indicated under (a) and (b) are either the full names of the applicant or the names customarily used by the applicant.

‘Establishment’ means a real and effective industrial or commercial establishment.

Where several applicants are listed on the additional sheet with different addresses and there is no representative, the address for correspondence must be underlined on the additional sheet.

To be left blank if the power of attorney has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the applicant or the representative.

An address for service must be indicated in the space available under the title of item 4 where the applicant does not have or, if there is more than one applicant, where none of the applicants has a domicile or a real and effective industrial or commercial establishment on the territory of the Contracting Party whose Office is the Office named on the first page of the present application, except where a representative is indicated in item 3.

Where the application the priority of which is claimed was filed with an Office other than a national Office (e.g., OAPI, the Benelux Trademark Office and the Office for Harmonization in the Internal Market (trade marks and designs), the name of that Office has to be indicated instead of the name of a country. Otherwise, not the name of the Office but the name of the country must be indicated.

‘Certified copy’ means a copy of the application the priority of which is claimed, certified as being in conformity with the original by the Office which received such application.

To be filled in where the applicant wishes to furnish evidence under Article 6quinquies A(1) of the Paris Convention when filing the application.

10.

Such a wish cannot be expressed in respect of marks which contain or consist of figurative elements. If, in the opinion of the Office, they do contain such elements, the Office will ignore the wish of the applicant and will register and publish the mark as appearing in the square.

11.

If several different views of the mark are not included in the square provided in item 8 but are attached, check this box and indicate the number of those different views.

12.

Indicate the number of reproductions in black and white and/or color.

12.

Indicate the number of reproductions in black and white and/or color.

13.

Where the goods and/or services belong to more than one class of the Nice Classification, they must be grouped according to the classes of that Classification. The number of each class must be indicated and the goods and/or services belonging to the same class must be grouped following the indication of the number of that class. Each group of goods or services must be presented in the order of the classes of the Nice Classification. Where all the goods or services belong to one class of the Nice Classification, the number of that class must be indicated.

14.

This box is not to be used if the Office does not admit more than one language.

The reference number allotted by the person making the appointment to this power of attorney may be indicated in this space.

If the person making the appointment is the applicant (or one of the applicants), the name to be indicated is that of that applicant, as indicated in the application(s) to which this power relates. If the said person is the holder (or one of the holders), the name to be indicated is that of that holder, as recorded in the register of marks. If the said person is an interested person other than an applicant or holder, the name to be indicated is the full name of that person or the name customarily used by that person.

Complete this item if the power of attorney is filed with the Office together with the application(s).

Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either:

(i): the provisional application number, if any, given by the Office, or
(ii): a copy of the application, or
(iii): a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either:

(i): the provisional application number, if any, given by the Office, or
(ii): a copy of the application, or
(iii): a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

The name to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

To be left blank if the power of attorney has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder and/or applicant or the representative.

Indicate the name(s) and/or address(es) as changed.

The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either:

(i): the provisional application number, if any, given by the Office, or
(ii): a copy of the application, or
(iii): a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

To be left blank if the power of attorney has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder and/or applicant or the representative.

The names to be indicated under (a) and (b) are either the full names of the new owner or the names customarily used by the new owner.

‘Establishment’ means a real and effective industrial or commercial establishment.

Where several new owners are listed on the additional sheet with different addresses and there is no representative, the address for correspondence must be underlined on the additional sheet.

To be left blank if the power of attorney has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the new owner or the representative.

An address for service must be indicated in the space available under the title of item 10 where the new owner does not have or, if there is more than one new owner, where none of the new owners has a domicile or a real and effective industrial or commercial establishment on the territory of the Contracting Party whose Office is the Office named on the first page of the present request, except where a representative is indicated in item 9.

Where the application number of an application has not yet been issued or is not known to the transferor or his representative, that application may be identified by furnishing either:

(i): the provisional application number, if any, given by the Office, or
(ii): a copy of the application, or
(iii): a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the transferor or his representative, the application was received by the Office and an identification number given to the application by the transferor or his representative.

The names to be indicated under (a) and (b) are those wich were indicated in the application(s), or are recorded in respect of the registration(s), to which the present certificate relates.

The names to be indicated under (a) and (b) are either the full names of the transferee or the names customarily used by the transferee.

Where the application number of an application has not yet been issued or is not known to the transferor or his representative, that application may be identified by furnishing either:

(i): the provisional application number, if any, given by the Office, or
(ii): a copy of the application, or
(iii): a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the transferor of his representative, the application was received by the Office and an identification number given to the application by the transferor or his representative.

The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present document relates.

The names to be indicated under (a) and (b) are either the full names of the transferee or the names customarily used by the transferee.

The reference number allotted by the holder and/or applicant and/or the reference number allotted by the representative to the present request may be indicated in this space.

Where the application number of an application has not yet been issued or is not known to the applicant or his representative, that application may be identified by furnishing either:

(i): the provisional application number, if any, given by the Office, or
(ii): a copy of the application, or
(iii): a reproduction of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or his representative, the application was received by the Office and an identification number given to the application by the applicant or his representative.

The names to be indicated under (a) and (b) are those which were indicated in the application(s), or are recorded in respect of the registration(s), to which the present request relates.

To be left blank if the power of attorney has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder and/or applicant or the representative.

The reference number allotted by the holder and/or the reference number allotted by the representative to the present request for renewal may be indicated in this space.

The names to be indicated under (a) and (b) are those which are recorded in respect of the registration to which the present request relates.

To be left blank if the power of attorney has not, or has not yet, been allotted a serial number or if the serial number is not yet known to the holder or the representative.

Check only one of boxes 6.1, 6.2 or 6.3.

The list of the goods and/or services for which renewal is requested must be presented in the same way as it appears in the registration (grouping according to the classes of the Nice Classification, starting with an indication of the number of the relevant class and, where the goods or services belong to more than one class, presentation in the order of the classes of that Classification).

The goods and/or services for which renewal is not requested must, where they belong to more than one class of the Nice Classification, be grouped according to the classes of that Classification, starting with an indication of the number of the relevant class and presented in the order of the classes of the said Classification.