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Revised Rules Of The Common Regulations Under The Madrid Agreement Concerning The International Registration Of Marks And The Protocol To This Agreement

Original Language Title: Geänderte Regeln der Gemeinsamen Ausführungsordnung zum Madrider Abkommen über die internationale Registrierung von Marken und zum Protokoll zu diesem Abkommen

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Amended Rules of the Common Implementing Regulations 1 on the Madrid Agreement on the international registration of trade marks and on the Protocol to this Agreement

(in force, 1 April 2004)

Rule 6

Languages

(1) [International Envoy]

a)

International applications for which only the Agreement 2 shall be taken into account in French.

b)

International applications for which only the Protocol or both the Agreement and the Protocol are relevant shall be drawn up in English, French or Spanish depending on the provisions of the originating authority, with the originating authority having regard to: Leave the choice between English, French and Spanish.

(2) [Other communications as international search]

a)

Subject to Rule 17 (2) (v) and (3), notifications relating to an international application for which the Agreement is governed exclusively or to the international registration resulting therefrom shall be drawn up in French; however, point (b) shall apply if the international application resulting from an international application for which the agreement is exclusively governed is or has been the subject of an ex post appointment under the Protocol is.

b)

Communications concerning an international application for which the Protocol or both the Agreement and the Protocol are governed solely or via an international registration resulting therefrom shall be subject to Rule 17 (2) (2). Point (v) and (3) as follows:

i)

in English, French or Spanish, where the communication is addressed to the International Bureau by the depositors or by the holder or by a public authority;

ii)

in the language applicable in accordance with Rule 7 (2), where the communication is made up of the declaration on the intended use of a trade mark which is subject to the international application referred to in Rule 9 (5) (f) or the subsequent appointment under Rule 24 in paragraph 3 (b) (i);

iii)

in the language of the international request, if the notice is a notification addressed to an authority by the International Bureau, unless that authority has informed the International Bureau that all such information Notifications in English, French or Spanish are to be drawn up; if the notice of the International Bureau concerns the registration of an international registration in the international register, the notice shall indicate in which language is the international application at the International Bureau has been received;

iv)

in the language of the international application, where the notice is a notification addressed by the International Bureau to the depositor or the proprietor, unless such a deposit or holder has expressed the wish to: to receive all such notifications in English or in French or in Spanish.

(3) [Registration and publication]

a)

Where the international application is governed exclusively by the Agreement, the entry into the international register and the publication in the sheet of the resulting international registration and any information which may be provided shall be the subject of the Agreement. (c) to be registered as well as to be published in French on the basis of this Implementing Regulations with regard to this international registration.

b)

Where the international application is governed exclusively by the Protocol or both the Agreement and the Protocol, the entry into the international register and the publication in the sheet of the consequent to write in English, French and Spanish for international registration and for all information to be registered as well as to be published pursuant to this Implementing Regulations in respect of this international registration. The registration and publication of the international registration shall indicate the language in which the international application has been received by the International Bureau.

c)

If a first subsequent appointment is made in accordance with the Protocol in respect of an international registration, which has been published only in French or only in English and French, the International Bureau shall publish: together with the publication of this subsequent designation in the sheet, either the international registration in English and Spanish and re-publishes them in French, or it publishes the international registration in Spanish and re-publishes them in English and French. This post-appointment is to be entered in the international register in English, French and Spanish. Subsequently, the entry into the international register and the publication in the sheet of any information to be entered on the basis of this Implementing Regulations in respect of the international registration in question shall be recorded as well as in the are to be published in English, French and Spanish.

(4) [Translation]

a)

The translations required for the communications referred to in paragraph 2 (b) (iii) and (iv) and in the entries and publications referred to in points (b) and (c) of paragraph 3 shall be made by the International Bureau. The depositor or the holder may submit to the international application or to an application for the registration of a subsequent appointment or amendment a translation proposal for each of the international applications or applications contained in the application Add text. If the translation proposal is not deemed to be correct by the International Bureau, it shall be corrected by the International Bureau after the depositor or the holder has been requested to take part within one month after the request for the translation. , to give its opinion.

b)

Notwithstanding the letter a, the International Bureau does not translate the mark. If the depositor or the holder, in accordance with Rule 9 (4) (b) (iii) or Rule 24 (3) (c), specifies one or more translations of the trade mark, the accuracy of those translations shall be made by the International Bureau not checked.

Rule 7

Notification of certain specific requirements

(1) [deleted]

(2) [intention to use the mark] requires a Contracting Party, as a Contracting Party designated in accordance with the Protocol, to make a declaration on the intended use of the trade mark, it shall notify the Director-General of that requirement. Where this Contracting Party requires that the Declaration be signed by the depositary itself and must be made on a special official form accompanying the international application, the notification shall be accompanied by a statement on the matter. to indicate the exact wording of the declaration required. If the Contracting Party also requests that the declaration be drawn up in English, French or Spanish, the required language shall be indicated in the notification.

(3) ...

Rule 9

Requirements relating to international application

(1) to (3) ...

(4) [Content of the international request]

a)

...

b)

The international application may also include the following:

i)

...

ii)

...

iii)

if the trade mark consists wholly or in part of one or more words which can be translated, a translation of that word or words into French if the international application is governed solely by the agreement, or to English, French and/or Spanish, where the international application is governed exclusively by the Protocol or the Agreement and the Protocol;

iv)

...

v)

...

(5) [Additional content of an international voice]

g)

If an international application contains the designation of a contract organisation, it may also contain the following information:

i)

in the case where the depositor wishes, under the law of that agency, to take up the senials of one or more of the earlier marks registered in one or more of the Member States of that organisation, a declaration to that effect, in which: specified by the Member State or Member States in which the earlier mark is registered, the date of effect of the registration in question, the number of the registration in question, and the goods and Services for which the earlier mark is registered. These particulars shall be accompanied by the international application on an official form;

ii)

where, in addition to the language of the international request, the depositor must indicate, in addition to the language of the international request, a second working language before the authority of that contract organisation, the indication of that second language.

Rule 14

Registration of the trade mark in the international register

(1) ...

(2) [contents of registration] The international registration contains the following:

i)

to v) ...

vi)

the information relating to the international application referred to in point (i) of regulation 9 (5) (g) (i) concerning the Member State or the Member States in which or for which an earlier mark is registered, the time of which is taken into account, the Date of effective registration of the registration of this earlier mark and the number of the corresponding registration.

Rule 21 to

Other facts relating to the use of the seniority

(1) [Final refusal of use of the seniority] If the use of the seniority has been entered in the international register with respect to the designation of a contract organisation, the Authority shall inform the international register of the use of the seniority. Organisation of the International Bureau of any final decision on the full or partial refusal of such use.

(2) [Use of the seniority after the international registration] The holder of an international registration in which a contract organization is designated shall, in accordance with the law of that contract organization, take the time of one or more of older trade marks registered in one or for a Member State of that organisation, directly to the authority of that organisation, and recognised by the authority concerned, that authority shall: To notify the International Bureau of this. This notification shall indicate the following:

i)

the number of the international registration in question; and

ii)

the Member State or the Member States in which or for which the earlier mark is registered, together with the date of effect of the registration of that earlier mark and the number of the corresponding registration.

(3) [Other decisions affecting the use of the seniority] The Authority of a Contracting Organization shall inform the International Bureau of any further final decisions, including withdrawal and deletion, which touch on the use of the seniority registered in the international register.

(4) [registration in the international register] The International Bureau shall enter the information provided in accordance with paragraphs 1 to 3 in the international register.

Rule 24
Appointment following the international registration

(1) ...

(2) [Einreichung; Form and Signature]

a)

.. but provided that:

i)

...

ii)

one of the Contracting Parties is designated under the Agreement, the subsequent designation must be submitted by the Authority of the Party of the holder;

iii)

Paragraph 7 shall apply, the subsequent nomination resulting from a conversion shall be submitted by the agency of the contracting organisation.

b)

...

(3) [Content]

a)

Subject to paragraph 7 (b), the subsequent appointment shall contain or specify the following:

i)

to vi) ...

b)

...

c)

The subsequent appointment may also include the following:

i)

...

ii)

a request that the subsequent appointment be effective after the registration of a change or a deletion with regard to the international registration in question or after the renewal of the international registration;

iii)

if the subsequent designation concerns a contract organisation, the particulars referred to in Rule 9 (5) (g) (i) which are to be accompanied by the subsequent designation on a separate official form, and those referred to in Rule 9 (5) Point (g) (ii).

d)

...

(4) ...

(5) [Defects]

a)

Subject to paragraph 10, if the subsequent designation is not in accordance with the requirements in force, the International Bureau shall inform the holder of that fact and, if the subsequent appointment has been lodged by an authority, the latter Authority with.

b)

...

c)

...

(6) [Date of subsequent appointment]

a)

...

b)

A subsequent nomination submitted by an authority to the International Bureau shall, subject to point (c) (i) and (d) and (e), bear the date of its receipt by the authority concerned, provided that such designation is within the meaning of two months after that date has been received by the International Bureau. If the subsequent appointment does not enter into the International Bureau within that period, it shall, subject to point (c) (i) and (d) and (e), bear the date of its receipt at the International Bureau.

c)

....

d)

...

e)

Where a subsequent appointment arises from a conversion in accordance with paragraph 7, the subsequent designation shall bear the date on which the designation of the contractual organisation has been entered in the international register.

(7) [Night-to-day term for conversion]

a)

Where the designation of a contract organisation has been entered in the international register, the holder of the international registration concerned may, in so far as such designation has been withdrawn or rejected, or in accordance with the procedure referred to in The right of this organisation has lost its effect, the conversion of the designation of this Contracting Organisation into the designation of each Member State of that organisation which is a party to the Agreement and/or the Protocol.

b)

A request for conversion referred to in point (a) shall contain the information referred to in paragraph 3 (a) (i) to (iii) and (v), as well as:

i)

the contract organisation whose designation is to be transformed, and,

ii)

where the subsequent designation of a State Party resulting from a conversion concerns all the goods and services specified in respect of the designation of the contract organisation, that fact or, if the subsequent designation of the contract is This State Party shall concern only a part of these goods and services, the goods and services in question.

(8) [Registration and notification] If the International Bureau finds that the subsequent designation complies with the requirements in force, it shall enter it in the international register and shall inform the authority of those in the subsequent Designation of a Contracting Party and shall at the same time inform the holder and, if the subsequent appointment has been submitted by a public authority, that authority.

(9) [refusal of protection] Rules 16 to 18 shall apply mutatily.

(10) [Nightful designation which is not considered as such] If the requirements of paragraph 2 (a) are not fulfilled, the subsequent designation shall not be considered as such and the International Bureau shall inform the consignor. with.

Rule 32

Sheet

(1) [Information on international registrations]

a)

The International Bureau publishes in the sheet the relevant data on

i)

up to (iv) ...

v)

post-appointments registered under Rule 24 (8);

vi)

to x) ...

xi)

According to the rules 20, 20 to , 21, 21 to , 22 (2) (a), 23, 27 (3) and (4) and 40 (3) information;

xii)

...

Rule 36

Free of charge

The following entries are free of charge:

i)

to vii) ...

viii)

any refusal of protection under Rules 17, 24 (9) or 28 (3), any declaration under Rules 17 (5) or (6), 20 to (5) or 27 (4) or (5),

ix)

to xii) ...

Rule 40

In-Force-Treten; Transitional provisions

(1) to (3) ...

(4) [Transitional provisions in respect of languages] Rule 6 in the version applicable before 1 April 2004 shall continue to apply to any international application received by the originating authority before that date or to Rule 11 Paragraph 1 (a) or (c) shall be deemed to have been received, to any international registration resulting therefrom, and to any communication thereto. Rule 6 in the version in force before 1 April 2004 shall no longer apply if, on or after that date, a first subsequent designation under the Protocol is directly applicable to the International Bureau or to the Authority of the Contracting Party of the holder, provided that the subsequent nomination is entered in the international register.

[Changes in English text/see annexes]

[Amendments of French text/see annexes]

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