来源:知识产权学术与实务研究网 作者: 时间:2008-06-11 阅读数:
(iv) a delivery service, or an agency, specified by the Contracting Party,
(v) an address other than the nominated addresses of the Office.
(8) [Electronic Filing] Subject to paragraph (7), where a Contracting Party provides for the filing of a communication in electronic form or by electronic means of transmittal and the communication is so filed, the date on which the Office of that Contracting Party receives the communication in such form or by such means shall constitute the date of receipt of the communication.
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 its 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 representation 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 its 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 acceptance of the request for renewal to the payment of a surcharge.
Rule 9
Relief Measures in Case of Failure to Comply with Time Limits
(1) [Requirements Concerning Extension of Time Limits Under Article 14(2)(i)] A Contracting Party that provides for the extension of a time limit under Article 14(2)(i) shall extend the time limit for a reasonable period of time from the date of filing the request for extension and may require that the request
(i) contain an identification of the requesting party, the relevant application or registration number and the time limit concerned, and
(ii) be filed within a time limit which shall not be less than two months from the date of expiry of the time limit concerned.
(2) [Requirements Concerning Continued Processing Under Article 14(2)(ii)] A Contracting Party may require that the request for continued processing under Article 14(2)(ii)
(i) contain an identification of the requesting party, the relevant application or registration number and the time limit concerned, and
(ii) be filed within a time limit which shall not be less than two months from the date of expiry of the time limit concerned. The omitted act shall be completed within the same period or, where the Contracting Party so provides, together with the request.
(3) [Requirements Concerning Reinstatement of Rights Under Article 14(2)(iii)]
(a) A Contracting Party may require that the request for reinstatement of rights under Article 14(2)(iii)
(i) contain an identification of the requesting party, the relevant application or registration number and the time limit concerned, and
(ii) set out the facts and evidence in support of the reasons for the failure to comply with the time limit concerned.
(b) The request for reinstatement of rights shall be filed with the Office within a reasonable time limit, the duration of which shall be determined by the Contracting Party from the date of the removal of the cause of failure to comply with the time limit concerned. The omitted act shall be completed within the same period or, where the Contracting Party so provides, together with the request.
(c) A Contracting Party may provide for a maximum time limit for complying with the requirements under subparagraphs (a) and (b) of not less than six months from the date of expiry of the time limit concerned.
(4) [Exceptions Under Article 14(3)] The exceptions referred to in Article 14(3) are the cases of failure to comply with a time limit
(i) for which a relief measure has already been granted under Article 14(2),
(ii) for filing a request for a relief measure under Article 14,
(iii) for payment of a renewal fee,
(iv) for an action before a board of appeal or other review body constituted in the framework of the Office,