来源:知识产权学术与实务研究网 作者: 时间:2008-06-11 阅读数:
(iii) indications allowing the applicant or its representative, if any, to be contacted by the Office;
(iv) a sufficiently clear representation of the mark whose registration is sought;
(v) the list of the goods and/or services for which the registration is sought;
(vi) where Article 3(1)(a)(xvi) or (b) applies, the declaration referred to in Article 3(1)(a)(xvi) or the declaration and evidence referred to in Article 3(1)(b), respectively, as required by the law of the Contracting Party.
(b) Any Contracting Party may accord as the filing date of the application the date on which the Office received only some, rather than all, of the indications and elements referred to in subparagraph (a) or received them in a language other than the language required under Article 8(2).
(2) [Permitted Additional Requirement]
(a) A Contracting Party may provide that no filing date shall be accorded until the required fees are paid.
(b) A Contracting Party may apply the requirement referred to in subparagraph (a) only if it applied such requirement at the time of becoming party to this Treaty.
(3) [Corrections and Time Limits] The modalities of, and time limits for, corrections under paragraphs (1) and (2) shall be fixed in the Regulations.
(4) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) be complied with in respect of the filing date.
Article 6
Single Registration for Goods and/or Services in Several Classes
Where goods and/or services belonging to several classes of the Nice Classification have been included in one and the same application, such an application shall result in one and the same registration.
Article 7
Division of Application and Registration
(1) [Division of Application]
(a) Any application listing several goods and/or services (hereinafter referred to as “initial application”) may,
(i) at least until the decision by the Office on the registration of the mark,
(ii) during any opposition proceedings against the decision of the Office to register the mark,
(iii) during any appeal proceedings against the decision on the registration of the mark,
be divided by the applicant or at its request into two or more applications (hereinafter referred to as “divisional applications”) by distributing among the latter the goods and/or services listed in the initial application. The divisional applications shall preserve the filing date of the initial application and the benefit of the right of priority, if any.
(b) Any Contracting Party shall, subject to subparagraph (a), be free to establish requirements for the division of an application, including the payment of fees.
(2) [Division of Registration] Paragraph (1) shall apply, mutatis mutandis, with respect to a division of a registration. Such a division shall be permitted
(i) during any proceedings in which the validity of the registration is challenged before the Office by a third party,
(ii) during any appeal proceedings against a decision taken by the Office during the former proceedings,
provided that a Contracting Party may exclude the possibility of the division of registrations if its law allows third parties to oppose the registration of a mark before the mark is registered.
Article 8
Communications
(1) [Means of Transmittal and Form of Communications] Any Contracting Party may choose the means of transmittal of communications and whether it accepts communications on paper, communications in electronic form or any other form of communication.
(2) [Language of Communications]
(a) Any Contracting Party may require that any communication be in a language admitted by the Office. Where the Office admits more than one language, the applicant, holder or other interested person may be required to comply with any other language requirement applicable with respect to the Office, provided that no indication or element of the communication may be required to be in more than one language.
(b) No Contracting Party may require the attestation, notarization, authentication, legalization or any other certification of any translation of a communication other than as provided under this Treaty.
(c) Where a Contracting Party does not require a communication to be in a language admitted by its Office, the Office may require that a translation of that communication by an official translator or a representative, into a language admitted by the Office, be supplied within a reasonable time limit.
(3) [Signature of Communications on Paper]
(a) Any Contracting Party may require that a communication on paper be signed by the applicant, holder or other interested person. Where a Contracting Party requires a communication on paper to be signed, that Contracting Party shall accept any signature that complies with the requirements prescribed in the Regulations.