来源:知识产权学术与实务研究网 作者: 时间:2008-06-11 阅读数:
(i) subject to paragraph (1)(c), the furnishing of any certificate of, or extract from, a register of commerce;
(ii) an indication of the new owner’s carrying on of an industrial or commercial activity, as well as the furnishing of evidence to that effect;
(iii) an indication of the new owner’s carrying on of an activity corresponding to the goods and/or services affected by the change in ownership, as well as the furnishing of evidence to either effect;
(iv) an indication that the holder transferred, entirely or in part, its business or the relevant goodwill to the new owner, as well as the furnishing of evidence to either effect.
(4) [Evidence] Any Contracting Party may require that evidence, or further evidence where paragraph (1)(c) or (e) applies, be furnished to the Office where that Office may reasonably doubt the veracity of any indication contained in the request or in any document referred to in the present Article.
Article 12
Correction of a Mistake
(1) [Correction of a Mistake in Respect of a Registration]
(a) Each Contracting Party shall accept that the request for the correction of a mistake which was made in the application or other request communicated to the Office and which mistake is reflected in its register of marks and/or any publication by the Office be made by the holder in a communication indicating the registration number of the registration concerned, the mistake to be corrected and the correction to be entered.
(b) Any Contracting Party may require that the request indicate
(i) the name and address of the holder;
(ii) where the holder has a representative, the name and address of that representative;
(iii) where the holder has an address for service, such address.
(c) Any Contracting Party may require that, in respect of the request, a fee be paid to the Office.
(d) A single request shall be sufficient even where the correction relates to more than one registration of the same person, provided that the mistake and the requested correction are the same for each registration and that the registration numbers of all registrations concerned are indicated in the request.
(2) [Correction of a Mistake in Respect of an Application] Paragraph (1) shall apply, mutatis mutandis, where the mistake concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or its representative, the request otherwise identifies that application as prescribed in the Regulations.
(3) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) and in Article 8 be complied with in respect of the request referred to in this Article.
(4) [Evidence] Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt that the alleged mistake is in fact a mistake.
(5) [Mistakes Made by the Office] The Office of a Contracting Party shall correct its own mistakes, ex officio or upon request, for no fee.
(6) [Uncorrectable Mistakes] No Contracting Party shall be obliged to apply paragraphs (1), (2) and (5) to any mistake which cannot be corrected under its law.
Article 13
Duration and Renewal of Registration
(1) [Indications or Elements Contained in or Accompanying a Request for Renewal; Fee]
(a) Any Contracting Party may require that the renewal of a registration be subject to the filing of a request and that such request contain some or all of the following indications:
(i) an indication that renewal is sought;
(ii) the name and address of the holder;
(iii) the registration number of the registration concerned;
(iv) at the option of the Contracting Party, the filing date of the application which resulted in the registration concerned or the registration date of the registration concerned;
(v) where the holder has a representative, the name and address of that representative;
(vi) where the holder has an address for service, such address;
(vii) where the Contracting Party allows the renewal of a registration to be made for some only of the goods and/or services which are recorded in the register of marks and such a renewal is requested, the names of the recorded goods and/or services for which the renewal is requested or the names of the recorded goods and/or services for which the renewal is not requested, grouped according to the classes of the Nice Classification, each group preceded by the number of the class of that Classification to which that group of goods or services belongs and presented in the order of the classes of the said Classification;
(viii) where a Contracting Party allows a request for renewal to be filed by a person other than the holder or its representative and the request is filed by such a person, the name and address of that person.