Einde inhoudsopgave
Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement
Rule 25 Request for Recording
Geldend
Geldend vanaf 01-02-2021
- Bronpublicatie:
25-09-2020, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-2021
- Bronpublicatie inwerkingtreding:
25-09-2020, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Intellectuele-eigendomsrecht / Modellen- en merkenrecht
1.
[Presentation of the Request]
- a)
A request for recording shall be presented to the International Bureau on the relevant official form where the request relates to any of the following:
- (i)
a change in the ownership of the international registration in respect of all or some of the goods and services and all or some of the designated Contracting Parties;
- (ii)
a limitation of the list of goods and services in respect of all or some of the designated Contracting Parties;
- (iii)
a renunciation in respect of some of the designated Contracting Parties for all the goods and services;
- (iv)
a change in the name or address of the holder or, where the holder is a legal entity, an introduction of or a change in the indications concerning the legal nature of the holder and the State and, where applicable, the territorial unit within that State under the law of which the said legal entity has been organized;
- (v)
cancellation of the international registration in respect of all the designated Contracting Parties for all or some of the goods and services;
- (vi)
a change in the name or address of the representative.
- b)
The request shall be presented by the holder or by the Office of the Contracting Party of the holder; however, the request for the recording of a change in ownership may be presented through the Office of the Contracting Party, or of one of the Contracting Parties, indicated in the said request in accordance with paragraph (2)(a)(iv).
- c)
[Deleted]
- d)
Where the request is presented by the holder, it shall be signed by the holder. Where it is presented by an Office, it shall be signed by that Office and, where the Office so requires, also by the holder. Where it is presented by an Office and that Office, without requiring that the holder also sign it, allows that the holder also sign it, the holder may do so.
2.
[Contents of the Request]
- a)
A request under paragraph (1)(a) shall, in addition to the requested recording, contain or indicate
- (i)
the number of the international registration concerned,
- (ii)
the name of the holder or the name of the representative where the change relates to the name or address of the representative,
- (iii)
in the case of a change in the ownership of the international registration, the name and address, given in accordance with the Administrative Instructions, and the electronic mail address of the natural person or legal entity mentioned in the request as the new holder of the international registration (hereinafter referred to as ‘the transferee’),
- (iv)
in the case of a change in the ownership of the international registration, the Contracting Party or Parties in respect of which the transferee fulfills the conditions under Article 2 of the Protocol to be the holder of an international registration,
- (v)
in the case of a change in the ownership of the international registration, where the address of the transferee given in accordance with item (iii) is not in the territory of the Contracting Party, or of one of the Contracting Parties, given in accordance with item (iv), and unless the transferee has indicated to be a national of a Contracting State or of a State member of a Contracting Organization, the address of the establishment, or the domicile, of the transferee in the Contracting Party, or in one of the Contracting Parties, in respect of which the transferee fulfills the conditions to be the holder of an international registration,
- (vi)
in the case of a change in the ownership of the international registration that does not relate to all the goods and services and to all the designated Contracting Parties, the goods and services and the designated Contracting Parties to which the change in ownership relates, and
- (vii)
the amount of the fees being paid and the method of payment, or instructions to debit the required amount of fees to an account opened with the International Bureau, and the identification of the party effecting the payment or giving the instructions.
- b)
The request for the recording of a change in the ownership of the international registration may also contain,
- (i)
where the transferee is a natural person, an indication of the State of which the transferee is a national;
- (ii)
where the transferee is a legal entity, indications concerning the legal nature of that legal entity and the State, and, where applicable, the territorial unit within that State, under the law of which the said legal entity has been organized.
- c)
The request for recording of a change or a cancellation may also contain a request that it be recorded before, or after, the recording of another change or cancellation or a subsequent designation in respect of the international registration concerned or after the renewal of the international registration.
- d)
The request for the recording of a limitation shall group the limited goods and services only under the corresponding numbers of the classes of the International Classification of Goods and Services appearing in the international registration or, where the limitation affects all the goods and services in one or more of those classes, indicate the classes to be deleted.
3.
[Deleted]
4.
[Several Transferees] Where the request for the recording of a change in the ownership of the international registration mentions several transferees, each of them must fulfill the conditions under Article 2 of the Madrid Protocol to be holder of the international registration.