On the accession of the Republic of Kazakhstan to the Nice Agreement on the International Classification of Goods and Services for Registration of Marks
The Law of the Republic of Kazakhstan dated November 16, 2001 No. 258.
The Republic of Kazakhstan to join the Nice Agreement on the International Classification of Goods and Services for the Registration of Marks, concluded in Nice on June 15, 1957.
President
Republic of Kazakhstan
Agreement on the Laws of
trademarks
Article 1
Abbreviated expressions
For the purposes of this Agreement and in the absence of special reservations:
(i) "Office" means the agency entrusted by a Contracting Party with the registration of marks;
(ii) "registration" means the registration of the mark by the Office;
(iii) "application" means an application for registration;
(iv) references to "person" mean references to a natural and/or legal person;
(v) "owner" means a person who is listed in the register of marks as the registration owner;
(vi) "register of marks" means the body of data that the Office generates. The Registry includes the contents of all registrations and all data entered in relation to all registrations, regardless of the medium on which they are stored.;
(vii) "Paris Convention" means the Paris Convention for the Protection of Industrial Property, signed in Paris on March 20, 1883, as revised and amended;
(viii) "Nice Classification" means the classification established by the Nice Agreement on the International Classification of Goods and Services for the Purposes of Registration of Marks, signed in Nice on June 15, 1957, subject to revisions and amendments;
(ix) "Contracting Party" means any State or intergovernmental organization party to this Treaty;
(x) References to the "instrument of ratification" mean references to the instrument of acceptance and approval;
(xi) "Organization" means the World Intellectual Property Organization;
(xii) "Director General" means the Director General of the Organization;
(xiii) "Instruction" means the Instruction to this Treaty referred to in Article 17.
Article 2
Signs to which the Agreement applies
(1) [Nature of signs] (a) This Treaty applies to signs consisting of visual signs, provided that only those of the Contracting Parties that accept three-dimensional signs for registration are required to extend the validity of this Treaty to such signs.
(b) This Agreement does not apply to holographic signs and signs that do not consist of visual symbols, in particular, to sound and olfactory signs.
(2) [Types of marks] (a) This Agreement applies to marks related to goods (trademarks) or services (service marks) or to goods and services.
(b) This Agreement does not apply to collective, certification and warranty marks.
Article 3
Application
(1) [The indications or elements contained in or accompanying the application. Fees] (a) Any Contracting Party may require that the application contain all or some of the following indications or elements:
(i) application for registration;
(ii) the name and address of the applicant;
(iii) the name of the State of which the applicant is a national, if he is a national of any State; the name of the State in which he has his place of residence, if any; the name of the State in whose territory the applicant has a valid and non-fictitious industrial or commercial enterprise, if any;
(iv) the organizational and legal nature of the legal entity and the name of the State, and if necessary, the territorial unit within such State, in accordance with the legislation of which the said person is established, if the applicant is a legal entity;
(v) the name and address of the attorney, if the applicant has one;
(vi) an address for business correspondence, if required by Article 4(2) (b).;
(vii) an application claiming the priority of a previously filed application, together with the indications and evidence in support of such a priority claim as may be required under Article 4 of the Paris Convention, if the applicant wishes to exercise the right of such priority;
(viii) an application requesting protection resulting from the display of goods and/or services at an exhibition, together with instructions in support of such application, which are required by the legislation of a Contracting Party, if the applicant wishes to take advantage of such protection.;
(ix) a statement on the use of standard symbols (letters and numbers), if the applicant wishes the mark to be registered and published using standard symbols, if the Office of the Contracting Party uses such symbols;
(x) an application for color protection as a distinctive element of the sign, as well as the name of the color or colors for which protection is sought, and in connection with each of the colors, an indication of the main parts of the sign made in that color, if the applicant wishes to request such protection.;
(xi) a statement if the sign is voluminous;
(xii) one or more images of the sign;
(xiii) transliteration of a sign or certain parts thereof;
(xiv) translation of the sign or certain parts thereof;
(xv) the names of the goods and/or services for which registration of the mark is requested, grouped according to the classes of the Nice Classification, each group being preceded by the class number of that Classification, to which the group of goods or services belongs, presented in the order of the specified Classification;
(xvi) signature of the person referred to in paragraph (4);
(xvii) a statement of intent to use the mark in accordance with the requirements of the legislation of the Contracting Party.
(b) Instead of or in addition to the statement of intent to use the mark referred to in subparagraph (a) (xvii), the applicant may submit a statement on the actual use of the mark and provide evidence of this in accordance with the requirements of the legislation of the Contracting Party.
(c) Any Contracting Party may require that fees be paid to its Office in connection with the application.
(2) [Submission of the application] With regard to the requirements for the submission of an application, no Contracting Party may reject the application.,
(i) if it is submitted in writing on paper, provided that, subject to paragraph (3), it is submitted on a form corresponding to the Application Form provided for in the Instructions,
(ii) if a Contracting Party authorizes the transmission of notifications to its Office by fax and the application is transmitted in this way, provided that, subject to paragraph (3), the paper copy obtained as a result of such transmission corresponds to the Application Form referred to in subparagraph (i).
(3) [Language] Any Contracting Party may require that the application be drawn up in a language or one of the languages accepted by its Office. If several languages are accepted in her office, the applicant may be required to comply with other language requirements imposed by that Office, and the application may not be required to be written in more than one language.
(4) [Signature] (a) The signature referred to in paragraph (1) (a)(xvi) may be the signature of the applicant or his attorney.
(b) Without regard to subparagraph (a), any Contracting Party may require that the declarations referred to in paragraphs (1) (a) (xvii) and (b) be signed by the applicant himself, even if he has an attorney.
(5) [One application for goods and/or services belonging to several classes] The same application may relate to several goods and/or services, regardless of their belonging to one or more classes of the Nice Classification.
(6) [Actual usage] If a declaration of intent to use the mark is filed in accordance with paragraph (1) (a) (xvii), any Contracting Party may require that the applicant, within the time limit prescribed by national law and subject to the minimum time prescribed by the Regulations, submit to its Office evidence of the actual use of the mark in accordance with the requirements of the said legislation..
(7) [Prohibition to require fulfillment of other conditions] No Contracting Party may require the application to meet conditions other than those specified in paragraphs (1) to (4) and (6). In particular, the following conditions may not be required for the application throughout the entire period of its consideration:
(i) the provision of any certificate or extract from the commercial register;
(ii) an indication that the applicant is engaged in industrial or commercial activities, as well as providing relevant evidence;
(iii) an indication that the applicant is carrying out activities corresponding to the goods and/or services listed in the application, as well as providing relevant evidence;
(iv) providing evidence that the mark is registered in the register of marks of another Contracting Party or a State Party to the Paris Convention that is not a Contracting Party, except in cases where the applicant requests the application of Article 6quinquies of the Paris Convention.
(8) [Evidence] Any Contracting Party may require the provision of evidence to its Office during the examination of an application if the Office has reasonable doubts about the reliability of any indication or element contained in the application.
Article 4
Representative office. Address for business correspondence
(1) [Attorneys admitted to practice] Any Contracting Party may require that the person appointed as an attorney for the purposes of any procedure applied by its Office be an attorney admitted to practice before that Office.
(2) [Mandatory representation.Address for business correspondence]
(a) Any Contracting Party may require that a person who does not reside or have a valid and non-fictitious industrial or commercial establishment in its territory be represented by an attorney for the purposes of any procedure applied by its Office.
(b) Any Contracting Party that does not require representation within the meaning of subparagraph (a) may require that a person who does not reside or have a valid and non-fictitious industrial or commercial establishment in its territory, for the purposes of any procedure applied by its Office, have an address for business correspondence in that territory.
(3) [Power of Attorney] (a) In cases where a Contracting Party authorizes or requires that the applicant, owner or any other interested person be represented by an attorney before its office, it may require that such attorney be appointed in a separate notification (hereinafter referred to as the "power of attorney") containing, depending on case, name and signature of the applicant, owner or other person.
(b) The power of attorney may relate to one or more applications and/or registrations specified therein, or, subject to any exception specified by the person appointing the attorney, to all existing and future applications and/or registrations of that person.
(c) A power of attorney may limit the attorney's authority to certain legal actions. Any Contracting Party may require that the power of attorney, according to which the attorney has the right to withdraw the application or refuse to register the mark, clearly specify this.
(d) If the notification is transmitted to the Office by a person named therein as an attorney, but at the time of receipt of such notification the Office does not have the necessary power of attorney, the Contracting Party may require that such power of attorney be submitted to its Office within the time limit set by the Contracting Party and subject to the minimum time prescribed in the Regulations. If the power of attorney has not been submitted to the Office within the time limit set by the Contracting Party, the Contracting Party may provide that the notification of the said person is invalid.
(f) With regard to the requirements for the presentation and content of a power of attorney, no Contracting Party can fail to recognize the validity of such a power of attorney.,
(i) if it is submitted in writing on paper, provided that, subject to paragraph (4), it is submitted on a form corresponding to the Power of Attorney Form provided for in the Instructions.,
(ii) if a Contracting Party authorizes the transmission of notifications to its Office by fax and the power of attorney has been transmitted in this way, provided that the paper copy obtained as a result of such transmission, subject to paragraph (4), corresponds to the Power of Attorney Form referred to in subparagraph (i).
(4) [Language] Any Contracting Party may require that the power of attorney be drawn up in the language or one of the languages accepted by its Office.
(5) [Reference to power of attorney] Any Contracting Party may require that any notification made by an attorney to its office for the purposes of the procedure applied by that Office contain a reference to the power of attorney on the basis of which the attorney performs his actions.
(6) [Prohibition to require fulfillment of other conditions] No Contracting Party may, with respect to the issues dealt with in paragraphs (3) to (5), require the fulfillment of conditions other than those provided for in these paragraphs.
(7) [Evidence] Any Contracting Party may require the submission of evidence to its Office if the Office has reasonable doubts about the reliability of any indication contained in any of the notifications referred to in paragraphs (2) to (5).
Article 5
Date of submission
(1) [Permissible requirements] (a) Subject to subparagraph (b) and paragraph (2), a Contracting Party shall specify as the filing date the date on which its Office receives the following indications and elements in the language prescribed in Article 3(3):
(i) an explicit or implied indication that registration of the mark is being sought;
(ii) indications enabling the identification of the applicant;
(iii) instructions sufficient to establish contact by mail with the applicant or his attorney, if any;
(iv) a sufficiently clear image of the mark whose registration is requested in the application;
(v) the list of goods and/or services for which registration is requested;
(vi) the declaration referred to in Article 3(1)(a)(xvii), or the declaration and evidence referred to in Article 3(1)(b), in accordance with the requirements of the legislation of a Contracting Party, and, if required by said legislation, such declarations must be signed by the applicant himself, even if if he has an attorney, in cases where Article 3(1)(a)(xvii) or (b) applies.
(b) Any Contracting Party may set as the filing date the date on which its Office receives, not all, but only some of the indications and elements referred to in subparagraph (a), or receives them in a language other than that prescribed in Article 3(3).
(2) [Permissible additional requirements] (a) A Contracting Party may provide that the filing date will not be fixed until the prescribed fees have been paid.
(b) A Contracting Party may apply the requirement referred to in subparagraph (a) only if it applies such requirement on the date of accession to this Treaty.
(3) [Corrections and deadlines] The terms and deadlines for making corrections in accordance with paragraphs (1) and (2) are set out in the Instructions.
(4) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, with respect to the filing date, the fulfillment of conditions other than those referred to in paragraphs (1) and (2).
Article 6
One registration for goods and/or services,
belonging to several classes
If goods and/or services belonging to several classes of the Nice Classification are included in the same application, then one registration is carried out for this application.
Article 7
Separation of application and registration
(1) [Division of Application] (a) Any application listing multiple goods and/or services (hereinafter referred to as the "initial application"),
(i) at least until the Office makes a decision on the registration of the mark,
(ii) during the procedure related to the consideration of an objection to the decision of the Office to register the mark,
(iii) during the procedure related to the appeal of the decision on the registration of the mark,
It may be divided by the applicant or at his request into two or more applications (hereinafter referred to as "dedicated applications") by distributing among such applications the goods and/or services listed in the original application. The selected applications retain the date of filing of the original application and its priority, if any.
(b) Subject to subparagraph (a), any Contracting Party is free to establish requirements for the division of the application, including the payment of fees.
(2) [Separation of registration] Subject to the relevant amendments, paragraph (1) applies to the separation of registration. Such separation is allowed
(i) during the procedure before the Office related to the requirement of third parties to invalidate the registration,
(ii) during the procedure related to the appeal of a decision taken by the Office during the previous procedure, provided that a Contracting Party may not provide for the possibility of separation of registration if its legislation allows third parties to object to the registration of the mark before its actual registration.
Article 8
Signature
(1) [Notification on paper] If the notification addressed to the Office of a Contracting Party is presented on paper and a signature is required, the Contracting Party
(i) accepts a handwritten signature, subject to subparagraph (iii),
(ii) is free to allow the use of other forms of signature, such as an impression or stamp with a signature, or the use of a seal instead of a handwritten signature.,
(iii) may require that a seal be used instead of a handwritten signature if the individual signing the notification is a national of the country and the address of such person is located in its territory.,
(iv) may require that the seal be accompanied by an alphabetic indication of the name of an individual, if the seal of such person is used.
(2) [Fax Notification] (a) If a Contracting Party authorizes the transmission of notifications to its Office by fax, it will consider the notification signed if the printout received by fax contains an image of the signature or, where necessary in accordance with paragraph (1)(iv), an image of the seal together with the letter indicating the name of the individual whose seal is being used.
(b) The Contracting Party referred to in subparagraph (a) may require that the document, the image of which has been transmitted by fax, be transmitted to its Office within a certain period of time, taking into account the minimum period prescribed in the Regulations.
(3) [Notification by electronic means] If a Contracting Party authorizes the transmission of notifications to its Office by electronic means, it will consider the notification signed if it indicates the sender who sent the notification by electronic means, as prescribed by the Contracting Party.
(4) [Prohibition to require identification] No Contracting Party may require the attestation, notarization, attestation, legalization or other certification of any signature or other means of identification of a person referred to in the preceding paragraphs, except in cases where the legislation of a Contracting Party provides for the certification of a signature in connection with the refusal of registration.
Article 9
Classification of goods and/or services
(1) [Indications of goods and/or services] Each registration and any publication carried out by the Office in relation to an application or registration and containing an indication of goods and/or services, indicates the name of these goods and/or services, grouped according to the classes of the Nice Classification and in the order of the specified Classification, each group must be preceded by a number the class to which this group of goods or services belongs.
(2) [Goods or services belonging to the same class or to different classes] (a) Goods or services cannot be considered similar on the grounds that in any registration or publication carried out by the Office they appear in the same class of the Nice Classification.
(b) Goods or services cannot be considered different from each other on the grounds that in any registration or publication carried out by the Office they appear in different classes of the Nice Classification.
Article 10
Changing names or addresses
(1) [Change of the owner's name or address] (a) If the owner of the registration remains the same, but his name and/or address have changed, each Contracting Party shall recognize the application for the Office to make such a change in its register of marks, made in a notification signed by the owner or his attorney, indicating the number of the relevant registration and the change, which must be entered in the registry. With regard to the requirements for submitting such an application, no Contracting Party will reject the application.,
(i) if it is submitted in writing on paper, provided that, subject to subparagraph (c), it is submitted on a form corresponding to the Application Form provided for in the Instructions.,
(ii) if the Contracting Party authorizes the transmission of the notification to its Office by fax and the application is transmitted in this way, provided that, subject to subparagraph (c), the paper copy obtained as a result of such transmission corresponds to the Application Form referred to in paragraph (i).
(b) Any Contracting Party may require that the application specify:
(i) the name and address of the owner;
(ii) the name and address of the attorney, if the registrant has one;
(iii) an address for business correspondence, if the registrant has one.
(c) Any Contracting Party may require that the application be drawn up in a language or one of the languages accepted by its Office.
(d) Any Contracting Party may require that a fee be paid to its Office in connection with the application.
(e) Even if the change concerns several registrations, one application is sufficient, provided that it contains the numbers of all relevant registrations.
(2) [Change of the applicant's name or address] Subject to the relevant amendments, paragraph (1) applies in cases where the amendment concerns an application or applications, or an application or applications and registration or registration, provided that if any of the relevant applications has not yet been assigned a number or such number is not known to the applicant or his attorney, the application nevertheless identifies such an application as prescribed by the Instructions.
(3) [Change of attorney's name or address or business correspondence address] Subject to the relevant amendments, paragraph (1) applies to any change in the name or address of the attorney, if any, and to any change related to the address for business correspondence, if any.
(4) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of a declaration referred to in this article, that conditions other than those referred to in paragraphs (1) to (3) be fulfilled. In particular, the provision of any document confirming such a change may not be required.
(5) [Evidence] Any Contracting Party may require the provision of evidence to its Office if the Office has reasonable doubts about the reliability of any indication contained in the application.
Article 11
Change of ownership
(1) [Change of the Registrant] (a) In the event of a change of the registrant, each Contracting Party shall recognize the application for the Office to make such a change in its register of marks made in a notification signed by the former registrant or his attorney, or by the person who became the registrant (hereinafter referred to as the "new owner"), or his by the attorney, indicating the number of the corresponding registration and the change to be entered in the register. With regard to the requirements for submitting applications, no Contracting Party may reject an application.,
(i) if it is submitted in writing on paper, provided that, subject to paragraph (2) (a), it is submitted on a form corresponding to the Application Form provided for in the Regulations,
(ii) if a Contracting Party authorizes the transmission of notifications to its Office by fax and the application is transmitted in this way, provided that, subject to paragraph (2) (a), the paper copy obtained as a result of such transmission corresponds to the Application Form referred to in subparagraph (i).
(b) If the change of ownership is the result of the conclusion of a contract, any Contracting Party may require that this be indicated in a statement to which, at the option of the requesting Party, one of the following documents is attached:
(i) a copy of the contract, and it may be required that such copy be certified by a notary public or any other competent government authority.;
(ii) an extract from the contract reflecting the change in the registration holder, and it may be required that such extract be certified by a notary public or any other competent government authority.;
(iii) an unverified certificate of transfer of the right to the mark, drawn up in accordance with the form and content prescribed by the Instructions, and signed by the former and new owners;
(iv) an unverified document on the transfer of the right to the mark, drawn up in accordance with the form and content prescribed by the Instructions, and signed by the former and new owners.
(c) If the change of ownership is the result of a merger, any Contracting Party may require that this be indicated in a statement accompanied by a copy of a document drawn up by the competent authority proving such a merger, for example, a copy of an extract from the commercial register, and it may be required that such copy be certified by the issuing authority. a document, or a notary public, or any other competent government agency.
(d) In the event of a change in one or more, but not all, co-owners as a result of a contract or merger, any Contracting Party may require that any co-owner who is not subject to the change give special consent to the change of ownership in a signed document.
(e) If the change of ownership is not the result of a contract or merger, but is caused by other reasons, such as the application of law or a court decision, any Contracting Party may require that this be indicated in a statement accompanied by a copy of the document proving such a change, and it may require that the copy be certified the authority that issued such a document, a notary public, or any other competent government agency.
(f) Any Contracting Party may require that the application specify:
(i) the name and address of the previous owner;
(ii) the name and address of the new owner;
(iii) the name of the State of which the new owner is a national, if he is a national of any State; the name of the State in which the new owner has his place of residence, if any; the name of the State in which the new owner has a valid and non-fictitious industrial or commercial enterprise, if any;
(iv) the organizational and legal nature of the legal entity and the name of the State, if the new owner is a legal entity, and, if necessary, a territorial unit within such a State, in accordance with the legislation of which the specified legal entity was established.;
(v) the name and address of the attorney, if the previous owner has one;
(vi) an address for business correspondence, if the previous owner has one;
(vii) the name and address of the attorney, if the new owner has one;
(viii) the address of the new owner for business correspondence, if required by Article 4(2)(b).
(g) Any Contracting Party may require that a fee be paid to its Office in connection with the application.
(h) Even if the change of ownership concerns several registrations, one application is sufficient, provided that the former and new owners are the same persons for each registration and that the application contains the numbers of these registrations.
(i) If the change of ownership does not relate to all the goods and/or services listed in the registration of the former owner, and the law permits the registration of such a change, the Office shall make a separate registration relating to the goods and/or services in respect of which the change of ownership took place.
(2) [Language.(a) Any Contracting Party may require that the declaration, certificate of transfer of the right to the mark, or document of transfer of such right referred to in paragraph (1) be drawn up in a language or one of the languages accepted by its Office.
(b) If the documents referred to in paragraph (1) (b) (i) and (ii), (c) and (e) are not submitted in a language or in one of the languages accepted by the Office of a Contracting Party, the Contracting Party may require that a translation be attached to the application or a certified translation of the required document into the language or one of the languages accepted by her office.
(3) [Change of the owner of the application] Subject to the relevant changes, paragraphs (1) and (2) apply in cases where the change of ownership concerns an application or applications, or an application or applications and registration or registrations, provided that if any of the relevant applications has not yet been assigned a number or such number is not known to the applicant or his attorney, in the application Nevertheless, the application is identified as prescribed by the Instructions.
(4) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of a declaration referred to in this Article, that conditions other than those specified in paragraphs (1) to (3) be fulfilled. In particular, the following conditions may not be required::
(i) the provision of any document or extract from the commercial register, subject to the provisions of paragraph (1) (c);
(ii) an indication that the new owner is engaged in industrial or commercial activities, as well as providing relevant evidence;
(iii) an indication that the new owner is carrying out activities that correspond to the goods and/or services covered by the change of ownership, as well as providing relevant evidence;
(iv) an indication that the former owner has transferred all or part of his business or intangible assets to the new owner, as well as providing relevant evidence.
(5) [Evidence] Any Contracting Party may require that its Office provide evidence or, in cases covered by paragraph (1) (c) or (e), additional evidence, if the Office has reasonable doubts about the reliability of any indication contained in the application and/or in any document referred to in this Article.
Article 12
Error correction
(1) [Correction of an error concerning registration] (a) Each Contracting Party recognizes a declaration of correction of an error made in an application or other application communicated to its Office and reflected in the register of marks and/or any publication of its Office contained in a notification signed by the registrant or his attorney, indicating the number the corresponding registration, the error that needs to be corrected, and the correction that needs to be entered in the registry. With regard to the requirements for submitting such an application, no Contracting Party may reject the application.,
(i) if it is submitted in writing on paper, provided that, subject to subparagraph (c), it is submitted on a form corresponding to the Application Form provided for in the Instructions.;
(ii) if the Contracting Party authorizes the transmission of the notification to its Office by fax and the application is transmitted in this way, provided that, subject to subparagraph (c), the paper copy obtained as a result of such transmission corresponds to the Application Form referred to in subparagraph (i).
(b) Any Contracting Party may require that the application specify:
(i) the name and address of the owner;
(ii) the name and address of the attorney, if the owner has one;
(iii) an address for business correspondence, if the owner has one.
(c) Any Contracting Party may require that the application be drawn up in a language or one of the languages accepted by its Office.
(d) Any Contracting Party may require that a fee be paid to its Office in connection with the application.
(e) Even if the correction relates to several registrations of the same person, one application is sufficient, provided that the error and the required correction are the same for each registration and that the application contains the numbers of all these registrations.
(2) [Correction of an error concerning the application] Mutatis mutandis, paragraph (1) applies in cases where the error concerns an application or applications, or an application or applications and registrations or registrations, provided that if any of the relevant applications has not yet been assigned a number or such number is not known to the applicant or his attorney, the application nevertheless, the application is identified as prescribed by the Instructions.
(3) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of a declaration referred to in this Article, that conditions other than those referred to in paragraphs (1) and (2) be fulfilled.
(4) [Evidence] Any Contracting Party may require that evidence be provided to its Office if the Office has reasonable doubts as to whether the alleged error is indeed a mistake.
(5) [Agency errors] The Office of a Contracting Party corrects its errors ex officio or upon request without paying any fee.
(6) [Uncorrectable errors] No Contracting Party is obligated to apply the provisions of paragraphs (1), (2) and (5) to any error that cannot be corrected in accordance with its legislation.
Article 13
The period of validity of the registration and its extension
(1) [The indications or elements contained in or accompanying the application for renewal of registration. Fees] (a) Any Contracting Party may require that the renewal of registration be subject to the submission of an application and that such application contain all or some of the following indications:
(i) request for renewal of registration;
(ii) the name and address of the registrant;
(iii) the number of the relevant registration;
(iv) the date of filing of the application, as a result of which the relevant registration was carried out, or the date of the relevant registration, at the option of the Contracting Party;
(v) the name and address of the attorney, if the owner has one;
(vi) an address for business correspondence, if the owner has one;
(vii) names of goods and/or services entered in the register for which registration renewal is requested, or names of goods and/or services entered in the register for which registration renewal is not requested, grouped by Nice Classification classes, each group being preceded by the class number of that Classification to which the product group belongs or services, presented in the order of classes of the specified Classification, - if a Contracting Party authorizes the renewal of registration only in respect of certain goods and/or services entered in the register of marks, and such an extension is requested;
(viii) the name and address of a person other than the owner or his attorney, if the Contracting Party permits the application for renewal of registration to be filed by such person;
(ix) the signature of the owner or his attorney, or, in the case of application of subparagraph (viii), the signature of the person referred to in that subparagraph.
(b) Any Contracting Party may require that a fee be paid to its Office in connection with an application for renewal of registration. After payment of the fee for the initial registration period or for any period of renewal of registration, no other payment may be required to maintain registration during such period. For the purposes of this subparagraph, fees in connection with the provision of an application and/or evidence regarding the use of the mark are not considered as payment for maintaining registration, and they are not subject to the provisions of this subparagraph.
(c) Any Contracting Party may require that an application for renewal of registration be submitted and that the relevant fee referred to in subparagraph (b) be paid to the Office within the time limit prescribed by the legislation of the Contracting Party, subject to the minimum time limits prescribed in the Regulations.
(2) [Submission of the application] With regard to the requirements for submitting an application, no Contracting Party may reject the application.,
(i) if it is submitted in writing on paper, provided that, subject to paragraph (3), it is submitted on a form corresponding to the Application Form provided for in the Instructions,
(ii) if a Contracting Party authorizes the transmission of notifications to its Office by fax and the application is transmitted in this way, provided that, subject to paragraph (3), the paper copy obtained as a result of such transmission corresponds to the Application Form referred to in subparagraph (i).
(3) [Language] Any Contracting Party may require that the application for renewal of registration be drawn up in the language or one of the languages accepted by its Office.
(3) [Language] Any Contracting Party may require that the application for renewal of registration be drawn up in the language or one of the languages accepted by its Office.
(4) [Prohibition to require fulfillment of other conditions] No Contracting Party may require that conditions other than those specified in paragraphs (1) to (3) be fulfilled with respect to an application for renewal of registration. In particular, the following conditions may not be required::
(i) providing an image or other identification of the mark;
(ii) providing evidence that the mark has been registered or that the registration of the mark has been extended in the register of marks of any other Contracting Party;
(iii) providing a statement and/or evidence regarding the use of the mark.
(5) [Evidence] Any Contracting Party may, during the examination of an application for renewal of registration, require that evidence be provided to its Office if the Office has reasonable doubts about the reliability of any indication or element contained in the application for renewal of registration.
(6) [Prohibition to conduct substantive examination] No office of a Contracting Party may conduct a substantive examination of the registration for the purpose of its renewal.
(7) [Registration period] The validity period of the initial registration is ten years and can be extended for subsequent ten-year periods.
Article 14
Remarks in case of an alleged refusal
The Office may not reject, in whole or in part, an application or an application in accordance with Articles 10-13 without giving, as appropriate, the applicant or the party submitting the application, an opportunity within a reasonable time to make comments in connection with
a supposed rejection.
Article 15
Commitment to comply with the Paris Convention
Any Contracting Party undertakes to comply with the provisions of the Paris Convention in relation to marks.
Article 16
Service marks
Any Contracting Party shall apply to service marks the relevant provisions of the Paris Convention on trademarks and register them.
Article 17
Instruction manual
(1) [Contents] (a) The Instructions attached to this Agreement contain rules regarding:
(i) requirements that this Agreement specifically "prescribes in the Instructions" to regulate;
(ii) any additional details useful for the application of the provisions of this Treaty;
(iii) any administrative requirements, issues or procedures.
(b) The Instruction also contains Standard International Forms.
(2) [Discrepancy between the Contract and the Instructions] In case of discrepancies between the provisions of this Agreement and the provisions of the Instructions, the provisions of the Agreement shall apply.
Article 18
Revision. Protocols
(1) [Revision] This Treaty may be revised by a diplomatic conference.
(2) [Protocols] For the purpose of further developing the harmonization of legislation in the field of marks, the diplomatic conference may adopt protocols if these protocols do not contradict the provisions of this Treaty.
Article 19
Participation in the Contract
(1) [Right to participate in the Contract] The following subjects of international relations may sign the Agreement and, subject to paragraphs (2) and (3), as well as Articles 20(1) and (3), become a party to it:
(i) any Member State in which marks may be registered by its own office;
(ii) any intergovernmental organization having an office with which marks operating in the territory in which the treaty establishing that intergovernmental organization applies may be registered in each of its member States or in those of its member States designated for such purpose in the relevant application, provided that All Member States of this intergovernmental organization are members of the Organization.;
(iii) any Member State of the Organization in which marks may be registered only through the office of another designated Member State.;
(iv) any Member State of the Organization in which marks may be registered only through the office of the intergovernmental organization of which that State is a member.;
(v) any Member State of the Organization in which marks may be registered only through the general office of a group of Member States of the Organization.
(2) [Ratification or accession] Any subject of international relations referred to in paragraph (1) may deposit:
(i) an instrument of ratification, if he has signed this Treaty,
(ii) an act of accession, if he has not signed this Treaty.
(3) [Date of deposit] (a) Subject to subparagraph (b), the date of deposit of the instrument of ratification or accession shall be deemed to be:
(i) the date of deposit of the relevant instrument of the State, in the case of the State referred to in paragraph (1) (i);
(ii) the date on which the relevant document of an intergovernmental organization is deposited, in the case of an intergovernmental organization;
(iii) the date on which the following condition is fulfilled: the relevant document of that State and the relevant document of another designated State have been deposited, in the case of the State referred to in paragraph (1) (iii);
(iv) the date applicable in accordance with subparagraph (ii) above, in the case of the State referred to in paragraph (1) (iv);
(v) the date on which the documents of all the member States of the group are deposited, in the case of a member State of the group of States referred to in paragraph (1) (v).
(b) Any instrument of ratification or accession by a State (referred to in this subparagraph as an "instrument") may be accompanied by a declaration in which it is considered deposited, provided that an instrument of one other State or one intergovernmental organization has also been deposited, or documents of two other States have been deposited, or documents of of one other State and one intergovernmental organization entitled to become a party to this Treaty, indicating their names. A document containing such a declaration is considered to have been deposited from the date on which the condition specified in the declaration is fulfilled. However, if the deposit of a document specified in the declaration is accompanied by a declaration of this kind, such document is considered deposited from the date on which the condition specified in the last declaration is fulfilled.
(c) Any declaration made pursuant to subparagraph (b) may be withdrawn in whole or in part at any time. Any such withdrawal shall take effect on the date of receipt of the relevant notification by the Director General.
Article 20
Date of entry into force of the ratifications and
connections
(1) [Documents to be taken into account] For the purposes of this Article, only instruments of ratification or accession deposited by the subjects of international relations referred to in Article 19(1) and having the date of entry into force in accordance with Article 19(3) shall be taken into account.
(2) [Initial entry into force of the Treaty] This Treaty shall enter into force three months after five States have deposited their instruments of ratification or accession.
(3) [Entry into force of ratification and accession after the entry into force of this Treaty] In respect of any subject of international relations to which the provision of paragraph (2) does not apply, this Treaty shall enter into force three months after the date on which it deposited its instrument of ratification or accession.
Article 21
Reservations
(1) [Special types of marks] Any State or intergovernmental organization may declare by reservation that, notwithstanding Article 2 (1)(a) and (2)(a), it will not apply any provisions of Articles 3 (1) and (2), 5, 7, 11 and 13 to associated, forbidding or derivative signs. Such a reservation shall specify those of the above-mentioned provisions to which such a reservation relates.
(2) [Required conditions] Any reservation in accordance with paragraph (1) shall be made in a declaration attached to the instrument of ratification or accession to this Treaty of the State or intergovernmental organization making the reservation.
(3) [Withdrawal of reservations] Any reservation made in accordance with paragraph (1) may be withdrawn at any time.
(4) [Prohibition of making other reservations] With the exception of the case provided for in paragraph (1), no reservations to this Treaty are permitted.
Article 22
Transitional provisions
(1) [One application for goods and services belonging to several classes. Division of the application] (a) Any State or intergovernmental organization may declare that, notwithstanding Article 3(5), an application may be filed with its Office only in respect of goods or services belonging to the same class of the Nice Classification.
(b) Any State or intergovernmental organization may declare that, notwithstanding Article 6, if goods and/or services belonging to several classes of the Nice Classification are included in the same application, then several registrations may be made in the register of marks for this application, provided that each of such registrations It will contain a link to all other such registrations carried out on the basis of the specified application.
(c) Any State or intergovernmental organization that has made a declaration in accordance with subparagraph (a) may declare that, notwithstanding Article 7 (1), separation of the application is not permitted.
(2) [One power of attorney for multiple applications and/or registration] Any State or intergovernmental organization may declare that, notwithstanding Article 4(3)(b), a power of attorney may relate to only one application or only one registration.
(3) [Prohibition to require the certification of the signature in the power of attorney and the signature in the application] Any State or intergovernmental organization may declare that, notwithstanding Article 8(4), it may be required that the signature in any power of attorney or the signature of the applicant in any application be certified, notarized, certified, legalized or otherwise certified.
(4) [One application for multiple applications and/or registrations regarding name and/or address change, ownership change or error correction] Any State or intergovernmental organization may declare that, notwithstanding Articles 10 (1) (e), (2) and (3), Article 11(1)(h) and (3) and Article 12(1)(e) and (2), the declaration amending in relation to the name and/or address, the statement of change regarding the owner and the statement regarding the correction of an error may relate to only one application or only one registration.
(5) [Filing an application and/or providing evidence regarding the use in connection with the renewal of registration] Any State or intergovernmental organization may declare that, notwithstanding Article 13(4)(iii), in connection with the renewal of registration, it will require the filing of an application and/or the provision of evidence regarding the use of the mark.
(6) [Substantive examination in connection with the renewal of registration] Any State or intergovernmental organization may declare that, notwithstanding Article 13(6), in connection with the first renewal of a registration covering services, its office may conduct a substantive examination of such registration, provided that such examination is limited to eliminating multiple registrations based on applications submitted within a six-month period. after the entry into force of the legislation of such State or organization, which, prior to the entry into force of this Agreement, introduced the possibility of registering service marks.
(7) [General provisions] (a) A State or an intergovernmental organization may make a declaration in accordance with paragraphs (1) to (6) only if, on the date of deposit of the instrument of ratification or accession to this Treaty, the continued application of its legislation without such a declaration would be contrary to the relevant provisions of this Treaty..
(b) Any declaration made in accordance with paragraphs (1) to (6) shall be attached to the instrument of ratification or accession to this Treaty by the State or intergovernmental organization that made the declaration.
(c) Any declaration made in accordance with paragraphs (1) to (6) may be withdrawn at any time.
(8) [Declaration ceases to be effective] (a) Subject to subparagraph (c), any declaration made in accordance with paragraphs (1) to (5) by a State that, according to the established practice of the General Assembly of the United Nations, is considered a developing country or an intergovernmental organization, each of whose members is such a State, shall cease to be effective. effective after eight years from the date of entry into force of this Agreement.
(b) Subject to subparagraph (c), any declaration made pursuant to paragraphs (1) to (5) by a State other than the State referred to in subparagraph (a) or by an intergovernmental organization other than the intergovernmental organization referred to in subparagraph (a) shall expire after six years from the effective date of this Agreement.
(c) If, before October 28, 2004, a declaration made in accordance with paragraphs (1) to (5) has not been withdrawn in accordance with paragraph (7) (c) or has not expired in accordance with subparagraph (a) or (b), it shall expire on October 28, 2004.
(9) [Participation in the Contract] Until December 31, 1999, any State that, as of the date of adoption of this Treaty, is a member of the International (Paris) Union for the Protection of Industrial Property, without being a member of the Organization, despite Article 19(1)(2), may become a party to this Treaty if its marks can be registered by its own office.
Article 23
Denunciation of the Agreement
(1) [Notification] Any Contracting Party may denounce this Agreement by notification addressed to the Director General.
(2) [Effective date] The denunciation takes effect one year after the date of receipt of the notification by the Director General. The denunciation shall not affect the application of this Treaty to any pending application or to any mark registered in respect of the denouncing Contracting Party on the date of expiry of the specified period, provided that after the expiration of the specified period, the denouncing Contracting Party may terminate the application of this Treaty to any registration, starting from the date on which such registration is subject. the extension.
Article 24
Languages of the Agreement. Signing
(1) [Original texts. Official texts] (a) This Agreement is signed in a single copy in Russian, English, Arabic, Spanish, Chinese and French, all texts being fully authentic.
(b) In addition to the languages referred to in subparagraph (a), at the request of a Contracting Party and after consultation with it and any other interested Contracting Party, the official text shall be prepared by the Director General in another language, which is
the official language of the said Contracting Party.
(2) [Deadline for signing] This Agreement is open for signature at the headquarters of the Organization within one year after its adoption.
Article 25
The Depository
This Agreement shall be deposited with the Director General.
Instructions to the Law Agreement
by trademarks
Content
Rule 1: Abbreviated expressions
Rule 2: The method of specifying names and addresses
Rule 3: Details regarding the application
Rule 4: Details regarding representation
Rule 5: Details regarding the filing date
Rule 6: Details regarding the signature
Rule 7: Method of identification of an application without its number
Rule 8: Details regarding the registration period and its extension
List of standard international forms
Form No. 1: Application for registration of the mark
Form No. 2: Power of Attorney
Form No. 3: Application for making a record of the change(s)
name(s) and/or address(s)
Form No. 4: Application for making an entry on the change of ownership
registration(registration) and/or application(s) on
registration of signs
Form No. 5: Certificate of transfer of the right to registration
(registration) and/or application(s) for registration
The sign
Form No. 6: Document on the transfer of the right to registration (registration)
and/or the application(s) for registration of marks
Form No. 7: Application for correction of an error(s) in registration
(registrations) and/or application(s) for registration
signs
Form No. 8: Application for extension of the registration period
Rule 1
Abbreviated expressions
(1) ["Contract"; "Article"] (a) In these Instructions, the word "Contract" means an Agreement on Trademark Laws.
(b) In these Instructions, the word "Article" refers to a specific Article of the Contract.
(2) [Abbreviated expressions, the definitions of which are contained in the Contract] Abbreviated expressions, the definitions of which are contained in Article 1 for the purposes of the Treaty, have the same meaning for the purposes of the Instruction.
Rule 2
The method of specifying names and addresses
(1) [Names] (a) If it is necessary to indicate the name of a person, any Contracting Party may require:
(i) if the person is an individual, that the last name or the main last name and the first name or the additional first name or the names of this person, or, at his choice, the first name or the names usually used by the specified person, be indicated;
(ii) if the person is a legal entity, the full official name of that legal entity should be indicated.
(b) If it is necessary to indicate the name of the attorney that the firm or partnership is, any Contracting Party will recognize as such the designation that such firm or partnership normally uses.
(2) [Addresses] (a) If necessary, any Contracting Party may require that the address be indicated in such a way as to meet the usual requirements for rapid postal delivery to the specified address, and in any case contain all necessary information about the administrative units, including the number of the house or building, if any.
(b) If a notification is sent to the Office of a Contracting Party on behalf of two or more persons with different addresses, the Contracting Party may require that only one address be indicated in the notification as a correspondence address.
(c) The address may contain a telephone and fax number, as well as, for correspondence purposes, an address other than the address indicated in accordance with subparagraph (a).
(d) As amended, sub-paragraphs (a) and (c) apply to business correspondence addresses.
(3) [Letters and numbers used] Any Contracting Party may require that any of the indications referred to in paragraphs (1) and (2) consist of letters and numbers used by its Office.
Rule 3
Details regarding the application
(1) [Standard symbols] If, in accordance with Article 3(1)(a)(ix), the application contains a statement stating that the applicant wishes the mark to be registered and published using the standard symbols of the Office of the Contracting Party, the Office shall register and publish the mark using the standard symbols as well.
(2) [Number of images] (a) If the application does not contain a statement that the applicant wishes to claim color protection as a distinctive element of the mark, the Contracting Party may require no more than:
(i) five black-and-white images of the mark, if, in accordance with the legislation of that Contracting Party, the application cannot or does not contain a statement that the applicant wants the mark to be registered and published using the standard symbols of the office of the said Contracting Party.;
(ii) a single black-and-white image of the mark, if the application contains a statement stating that the applicant wants the mark to be registered and published using the standard symbols of the Office of that Contracting Party.
(b) If the application contains a statement stating that the applicant wishes to request color protection as a distinctive element of the mark, the Contracting Party may request no more than five black-and-white and five color images of the mark.
(3) [Image of a three-dimensional sign] (a) If, in accordance with Article 3(1)(a)(xi), the application contains a declaration that the sign is three-dimensional, the image of such sign must consist of a two-dimensional graphic or photographic image.
(b) At the choice of the applicant, the image provided in accordance with subparagraph (a) may consist of one or more different types of signs.
(c) If the Office considers that the image of the mark submitted by the applicant in accordance with subparagraph (a) does not sufficiently reflect the features of the three-dimensional mark, it may invite the applicant to submit up to six different types of mark and/or its verbal description within a reasonable time specified in the relevant notification.
(d) If the Office considers that the various types and/or verbal descriptions of the mark referred to in subparagraph (c) still do not sufficiently reflect the features of the three-dimensional mark, it may invite the applicant to submit a sample of the mark within a reasonable period specified in the relevant notification.
(e) Paragraph (2) (a) (i) and (b) shall apply mutatis mutandis.
(4) [Transliteration of the mark] For the purposes of Article 3(1)(a)(xiii), if the mark contains letters other than those used by the Office or numbers expressed in numbers other than those used by the Office, transliteration into letters and numbers used by the Office may be required.
(5) [Translation of the mark] For the purposes of Article 3(1)(a)(xiv), if the mark consists of or contains a word or words in a language other than the language or one of the languages accepted by the Office of a Contracting Party, a translation of that word or those words into such language or one of the languages may be required. one of those languages.
(6) [Time limits for providing evidence of the actual use of the mark] The period referred to in Article 3(6) is not less than six months from the date of acceptance of the application by the Office of the Contracting Party to which it is filed. Subject to the conditions stipulated by the legislation of this Contracting Party, the applicant or the owner has the right to extend this period for subsequent six-month periods, while the total extension period may be at least two and a half years.
Rule 4
Details regarding the representation
The period referred to in Article 4(3)(d) shall be calculated from the date of receipt by the Office of the relevant Contracting Party of the notification referred to in this Article and shall be at least one month if the address of the person on whose behalf the notification is made is located in the territory of such Contracting Party, and at least two months if the address is outside the territory of such a Contracting Party.
Rule 5
Details regarding the filing date
(1) [Procedure in case of non-compliance] If, as of the date of receipt by the Office, the application does not meet any of the requirements of Article 5 (1)(a) or (2)(a), the Office shall immediately invite the applicant to comply with such requirements within the time period specified in the relevant notification, which period shall be at least one month from the date of notification, if the applicant's address is located in the territory of the relevant Contracting Party, and two months if the applicant's address is located outside the territory of the relevant Contracting Party. The fulfillment of the requirements specified in the notification may be subject to the payment of a special fee. Even if the Office does not send the mentioned notification, the specified requirements remain in force.
(2) [Date of filing in case of correction] If, within the period specified in the notification, the applicant fulfills the requirements contained in the notification referred to in paragraph (1) and pays the required special fee, the filing date is the date on which the Office received all the necessary instructions and elements referred to in Article 5 (1)(a), and where applicable If necessary, the required fee referred to in Article 5(2)(a) has been paid. Otherwise, the application will be considered as not submitted.
(3) [Date of receipt] Each Contracting Party is free to determine the circumstances in which receipt of a document or payment of a fee is considered as receipt or payment to its Office in cases where the document has actually been received or payment has actually been made.,
(i) a branch or subdivision of that office,
(ii) to the national office on behalf of the office of the Contracting Party, if the Contracting Party is an intergovernmental organization referred to in Article 19(1) (ii),
(iii) the official Postal Service,
(iv) a delivery service designated by a Contracting Party other than the official postal service.
(4) [Use of Telefax] If a Contracting Party authorizes the filing of an application by fax and the application is filed in this way, the date of receipt of the application shall be the date on which the Office of that Contracting Party receives a facsimile copy, provided that the said Contracting Party may require that the original of such application be received by the Office within a period of at least one month from the date of receipt of the facsimile copy by the specified office.
Rule 6
Details regarding the signature
(1) [Legal entities] If the notification is signed on behalf of a legal entity, any Contracting Party may require that the signature or seal of the natural person who signed or whose seal is used be accompanied by an alphabetic indication of the surname or primary surname and first name, or the additional name or names of this natural person, or, at his choice, the name or names commonly used by him.
(2) [Notification by Fax] The period referred to in Article 8(2)(b) shall be at least one month from the date of receipt of the notification transmitted by fax.
(3) [Date] Any Contracting Party may require that the signature or seal be accompanied by an indication of the date on which it was affixed. If such an indication is required but not provided, the date on which the signature or seal is considered to have been affixed will be the date on which the signed or stamped notification was received by the Office, or, if permitted by the Contracting Party, an earlier date.
Rule 7
The method of identifying the application without its number
(1) [Identification method] If an application is required to be identified by a number, but such a number has not yet been assigned or is unknown to the applicant or his attorney, such an application will be considered identified if there is:
(i) the provisional application number, if any, assigned by the Office, or
(ii) copies of the application, or
(iii) an image of the mark indicating the date on which, according to reliable information from the applicant or attorney, the application was received by the Office, and
the identification number assigned to the application by the applicant or his attorney.
(2) [Prohibition to require fulfillment of other conditions] No Contracting Party may require that conditions other than those mentioned in paragraph (1) be fulfilled in order to identify an application if its number has not yet been assigned or is unknown to the applicant or his attorney.
Rule 8
Details regarding the deadline
registration actions and renewals
For the purposes of Article 13 (1)(c), the period during which an application for renewal of registration may be submitted and the appropriate fee paid begins at least six months before the date on which the renewal is to be carried out and ends at least six months after such date. If an application for renewal of registration is submitted and/or the relevant fees are paid after the date on which such renewal is due, any Contracting Party may condition the renewal of registration on the payment of an additional fee.
Standard International Form No. 1
application for registration of a mark
submitted to the Agency...
______________________________
| To be filled in by the agency |
|______________________________|
______________________________
| N of the applicant's case:*.........|
| N of the attorney's case:*.......|
|______________________________|
1. Application for registration
Registration of the mark reproduced in the
the present application.
_____________________________________________________________________
__________________
* The number assigned to this application may be indicated here.
by the applicant, and/or the number assigned to her by the attorney.
Form No. 1, page 2
_____________________________________________________________________
2. The applicant(s)
2.1 If the applicant is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
2.2 If the applicant is a legal entity, - full name
official name:
2.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
2.4 State (i.e. country) of citizenship:
State (i.e. country) of residence:
The State (i.e. the country) of the business enterprise:**
2.5 If the applicant is a legal entity, specify:
- the organizational and legal nature of such a person:
- the name of the State and, where applicable, the territorial
units within such a State, in accordance with
the legislation of which the legal entity was established:
2.6 | | Mark this square in case of multiple applicants; in
in this case, list them on the sheet to continue and
specify for each of them the data mentioned in
columns 2.1 or 2.2, 2.3, 2.4 and 2.5.***
_____________________________________________________________________
____________________
* The names to be specified in subgraphs (a) and (b) are
either the applicant's full names or the names commonly used
them.
** "Business enterprise" means valid and fictitious
an industrial or commercial enterprise.
*** If several applicants are listed on the continuation sheet with
different addresses and there is no attorney, the address for correspondence on
the continuation sheet should be underlined.
Form No. 1, page 3
_____________________________________________________________________
3. Attorney
3.1 | | The applicant does not have an attorney.
3.2 | | The applicant has an attorney.
3.2.1 Identification of the attorney
3.2.1.1 Name:
3.2.1.2 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
3.2.2 | | The power of attorney is already available in the department. Ordinal
Number...*
3.2.3 | | The Power of attorney is attached.
3.2.4 | | The power of attorney will be submitted later.
3.2.5 | | A power of attorney is not required.
_____________________________________________________________________
4. Address for business correspondence**
_____________________________________________________________________
____________________
* It is not required to fill out if the power of attorney does not have or has not yet been completed.
has an ordinal number, or if the ordinal number is not yet known
to the applicant or his attorney.
** The address for business correspondence should be indicated in column 4 if
the applicant or, in the case of multiple applicants, none of the applicants
has no domicile or valid and non-fictitious
an industrial or commercial enterprise on the territory of
Of the Contracting Party whose office is the Office of,
indicated on the first page of this application, except for
cases where the attorney is listed in column 3.
Form No. 1, page 4
_____________________________________________________________________
5. Claiming priority
| | The applicant hereby requests the following priority:
5.1 Country (Office) of first filing:*
5.2 Date of first submission:
5.3 The number of the first application (if any):
5.4 Certified copy of the application, the priority of which is claimed**
5.4.1 | | attached
5.4.2 | | will be submitted within three months from the date
submitting this application
5.5 Translation of a certified copy
5.5.1 | | attached
5.5.2 | | will be submitted within three months from the date
submitting this application
5.6 | | Mark this square if priority is requested
several previously submitted applications; in this case
list them on the continuation sheet and specify them in
for each of them, the data mentioned in columns 5.1,
5.2, 5.3, 5.4 and 5.5, as well as goods and/or services
specified in each of them.
_____________________________________________________________________
____________________
* If the application for which priority is sought is not submitted in
National Office (i.e. OARI, Benelux Office for Commodity
trademarks and the Office for Harmonization in the Domestic Market (trademarks
marks and industrial designs), instead of the country name, specify
the name of such department. Otherwise, you should specify not
the name of the department, and the name of the country.
** "Certified copy" means a copy of the application, the priority of which is
requested, certified by the office that received such an application.
Form No. 1, page 5
_____________________________________________________________________
6. Registration in the country (office) of origin*
| | Certificate(s) of registration in the country (office)
The origin is attached (attached).
7. Protection resulting from exposure at the exhibition
| | Mark this box if the applicant wants to use
the advantage of protection resulting from exposure
products and/or services at the exhibition. In this case, specify
The details are on the continuation sheet.
_____________________________________________________________________
8. Image of the sign
(8 cm x 8 cm)
_________________________________________
| |
| |
|_________________________________________|
____________________
* To be filled in if, when submitting the application, the applicant
wants to present evidence in accordance with Article 6quinquies
A(1) of the Paris Convention.
Form No. 1, page 6
_____________________________________________________________________
8.1 | | The applicant wants the Office to register and
published a sign using standard symbols
this department.*
8.2 | | Color protection is requested as a distinctive
the sign element.
8.2.1 The name(s) of the color(s) to which
Protection is requested:
8.2.2 The main parts of the sign made in this (these) color
(colors):
8.3 | | The sign is three-dimensional.
| | ...* various types of signs are attached
8.4 ...*** black and white image(s) of the sign
attached
(attached).
8.5 ...*** A color image(s) of the sign is attached
(attached).
_____________________________________________________________________
9. Transliteration of the sign
Transliteration of the sign or its parts:
_____________________________________________________________________
10. Sign translation
Translation of the sign or its parts:
_____________________________________________________________________
____________________
* Such a wish cannot be expressed in relation to signs that
they contain or consist of pictorial elements. If, in the opinion of
departments, they contain such elements, the department will not accept
taking into account the applicant's wish, both will register and publish the mark in
in that form,
as it is depicted in a square frame.
** If several different types of signs are not included in the square
the frame provided for in column 8, but attached to the application, should be marked
Use this square to indicate the number of such species.
*** Specify the number of black-and-white and/or color images.
Form No. 1, page 7
_____________________________________________________________________
11. Goods and/or services
The name of the goods and/or services:*
| | Mark this square if there is not enough space in the column;
in this case, specify the name of the goods and/or services on the sheet for
continuations.
_____________________________________________________________________
12. A statement of intent to use or actual use
a sign. Evidence of the actual use of the mark
12.1 | | Mark this box if the application is attached.
12.2 | | Mark this square if there is evidence
the actual usage is attached.
13. Language requirements
| | Mark this square if an addendum is attached,
meets other language requirements applied by
in this department.
_____________________________________________________________________
____________________
* If the goods and/or services belong to several classes of Nice
classifications, they should be grouped by the classes of this
Classifications. The number of each class must be specified, and the products
and/or services belonging to the same class must be
grouped according to the specified class number. Each one
a product group or
Services should be presented in the order of the Nice Classification classes.
If all goods or services belong to the same class of Nice
classification, the number of this class must be specified.
** Do not mark this box if this office does not allow
using multiple languages.
Form No. 1, page 8
_____________________________________________________________________
14. Signature or seal
14.1 The name of the individual who signed or sealed the document
which is being used:
14.2 Mark the appropriate square, depending on,
has the following signature been signed or is the seal used?
by or on behalf of a person
14.2.1 | | of the applicant.
14.2.2 | | attorney.
14.3 Date of signature or seal:
14.4 Signature or seal:
_____________________________________________________________________
15. Fee(s)
15.1 Currency and amount(s) of the fee(s) paid in connection with
by this application:
15.2 Payment method:
_____________________________________________________________________
16. Continuation sheets and/or appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets.
and/or applications:
_____________________________________________________________________
Standard International Form No. 2
attorney
for the purposes of the procedures applied by the Office...
______________________________
| To be filled in by the agency |
|______________________________|
______________________________
| N the person's business, |
| making an appointment:*.....|
|______________________________|
_____________________________________________________________________
1. Appointment
The undersigned hereby appoints a person as his attorney,
indicated below, in column 3.
_____________________________________________________________________
2. Name of the person making the appointment:**
_____________________________________________________________________
3. Attorney
3.1 Name:
3.2 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
_____________________________________________________________________
____________________
* The number assigned to this power of attorney may be indicated here.
the person making the appointment.
** If the person making the appointment is an applicant (or one of the
applicants), the names of the applicant indicated in the application are indicated
(applications) to which this power of attorney relates. If
the specified person is the owner (or one of the owners),
names are indicated
owners entered in the register of signs. If the specified person is
the interested person, in addition to the applicant or the owner, indicates
this person's full names or names commonly used by them.
Form No. 2, page 2
_____________________________________________________________________
4. Application(s) and/or registration(s) to which
(to which) this power of attorney applies
This power of attorney applies to:
4.1 | | to all existing and future applications and/or
registrations of the person making the appointment, taking into account any
exceptions indicated on the continuation sheet.
4.2 | | to the next application(s) and/or registration
(registrations):
4.2.1 to the application(s) relating to the following mark
(to the signs):*
4.2.2 to the application(s) having the following number
(numbers)**, as well as for any registration(s),
implemented on its basis:
4.2.3 to the registration(s) having the following(s)
Number(s):
4.2.4 | | If columns 4.2.1, 4.2.2 or 4.2.3 are not sufficient
places, mark this square and provide the necessary information.
the information on the sheet is for continuation.
_____________________________________________________________________
____________________
* Fill in this box if the power of attorney has been submitted to the agency
together with the application(s).
** If the application number has not yet been assigned or is unknown to the applicant or his
to the attorney, such an application can be identified by
provision of: (i) a preliminary application number, if available
as such,
assigned by the Office, or (ii) a copy of the application, or (iii) an image
a sign indicating the date on which, according to reliable information from the applicant
or his attorney, the application has been received by the office, and the identification number
the number assigned to the application by the applicant or his attorney.
Form No. 2, page 3
_____________________________________________________________________
5. The scope of the attorney's powers specified in the power of attorney
5.1 | | Mark this square if the attorney has the right
act as such for the purposes of all legal
actions, including, in cases where the person making the
appointment, is the applicant or the owner,
the following:
5.1.1 | | withdrawal of the application(s)
5.1.2 | | refusal of registration(s)
5.2 | | Mark this square if the attorney is not authorized
act as such for the purposes of all legal
actions and indicate here or on the sheet to continue
actions excluded from the attorney's authority:
_____________________________________________________________________
6. Signature or seal
6.1 The name of the individual who signed or sealed the document
which is being used:
6.2 Date of signature or seal:
6.3 Signature or seal:
_____________________________________________________________________
7. Continuation sheets and/or appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets
and/or applications:
_____________________________________________________________________
Standard International Form No. 3
application for making a record of the change(s)
name(s) and/or address(s)
in connection with the registration(s) and/or
application(s) for registration of the mark(s)
submitted to the Agency ...
______________________________
| To be filled in by the agency |
|______________________________|
______________________________
|N of the owner's business, |
|and/or the applicant:* |
|N of the attorney's case:* |
|______________________________|
_____________________________________________________________________
1. Application for amendments
The amendment(s) indicated is hereby requested.
(specified) in this application.
_____________________________________________________________________
2. Registration(s) and/or application(s) to which
(to which) this statement applies
This application applies to the following registration
(registrations) and/or application(s):
2.1 Registration number(s):
2.2 Application number(s):**
2.3 | | If there is not enough space in column 2.1 or 2.2, mark
Use this square to provide the necessary information on the sheet
to continue.
_____________________________________________________________________
____________________
* The number assigned to this application may be indicated here.
the owner and/or the applicant, and/or the number assigned to him by the attorney.
** If the application number has not yet been assigned or is unknown to the applicant or his
to the attorney, such an application can be identified by
provision of: (i) a preliminary application number, if available
such assigned by the Office, or (ii) a copy of the application, or (iii)
images
a sign indicating the date on which, according to reliable information
the applicant or his attorney has received the application from the Office, and
the identification number assigned to the application by the applicant or his
the attorney.
Form No. 3, page 2
_____________________________________________________________________
3. The owner(s) and/or the applicant(s)
3.1 If the owner and/or applicant is an individual -
(a) last name or primary last name:
(b) First name or additional first name(s):*
3.2 If the owner and/or applicant is a legal entity -
full official name:
3.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
3.4 | | Mark this square in case of multiple owners
and/or applicants; in this case, list them on the sheet
to continue and specify in relation to each of them
the data mentioned in columns 3.1 or 3.2 and 3.3.
_____________________________________________________________________
4. The attorney
4.1 Name:
4.2 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
4.3 Serial number of the power of attorney:**
_____________________________________________________________________
5. Address for business correspondence
_____________________________________________________________________
____________________
* The names to be specified in subgraphs (a) and (b) are
names indicated in the application(s) or entered in the register of marks
in connection with the registration(s) in respect of which the following has been done
present
statement.
** Leave it unfilled if the power of attorney does not have an ordinal number.
numbers, or such a number has not yet been assigned, or is still unknown to the owner
and/or to the applicant or his attorney.
Form No. 3, page 3
_____________________________________________________________________
6. Specifying the change(s)
6.1 Data to be changed:
Modified data:*
6.2 | | Mark this square if in the above column
there is not enough space; in this case, indicate on the sheet for
all data to be changed, together with
the data in the modified form.
_____________________________________________________________________
7. Signature or seal
7.1 The name of the individual who signed or sealed the document
which is being used:
7.2 Mark the appropriate square, depending on,
has the following signature been signed or is the seal used?
by or on behalf of a person
7.2.1 | | the owner and/or the applicant.
7.7.2 | | attorney.
7.3 Date of signature or seal:
7.4 Signature or seal:
_____________________________________________________________________
____________________
* Specify the changed name(s) and/or address(s).
Form No. 3, page 4
_____________________________________________________________________
8. Duty
8.1 The currency and amount of the fee paid in connection with this
application for making a change(s):
8.2 Payment method:
_____________________________________________________________________
9. Continuation sheets and/or appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets
and/or applications:
_____________________________________________________________________
Standard International Form No. 4
application for making an entry on the change of ownership
regarding registration(s) and/or application(s)
for registration of signs
submitted to the Agency...
______________________________
| To be filled in by the agency |
|______________________________|
______________________________
|N of the owner's business, |
|and/or the applicant:* ............|
|N of the attorney's case:* .........|
|______________________________|
_____________________________________________________________________
1. Application for amendment
An entry on the change of ownership is hereby requested.,
specified in this statement.
_____________________________________________________________________
2. Registration(s) and/or application(s) to which
(to which) this statement applies
This application applies to the following registration
(registrations) and/or application(s):
2.1 Registration number(s):
2.2 Application number(s):**
2.3 | | If there is not enough space in column 2.1 or 2.2, mark
Use this square to provide the necessary information on the sheet
to continue.
_____________________________________________________________________
____________________
* The number assigned to this application may be indicated here.
the owner and/or the applicant, and/or the number assigned to him by the attorney.
** If the application number has not yet been assigned or is unknown to the applicant or his
to the attorney, such an application can be identified by
provision of: (i) a preliminary application number, if available
as such,
assigned by the Office, or (ii) a copy of the application, or (iii)
images of the sign indicating the date on which, according to reliable information
according to the applicant or his attorney, the application has been received by the Office,
and the identification number assigned to the application by the applicant or his
the attorney.
Form No. 4, page 2
_____________________________________________________________________
3. Goods and/or services covered by the change
3.1 | | Mark this box if the change applies
for all goods and/or services listed in the application
(applications) and/or registrations (registrations) specified in
column 2.
3.2 | | Mark this square if column 2 contains only
one application or registration and if the change
applies only to some of the products and/or
the services listed in this application or registration, and
specify the goods and/or services that should be included
in the application or registration of the new owner (in this case
unspecified goods and/or services remain in the application or
registration of the applicant or the previous owner):
3.3 | | Mark this square if there are several specified in column 2
applications or registrations and if at least one of them
the change does not apply to all products and/or
the services listed in it. In this case, point to
to be continued separately with respect to each application
and/or registration, whether the change applies to all
goods and/or services, or only for some of them. In
in connection with any application or registration, if the change
applies only to certain products and/or services, do
the corresponding indication is as prescribed in the column
3.2.
Form No. 4, page 3
_____________________________________________________________________
4. The basis for the change of ownership
4.1 | | The change of ownership is the result of signing
the contract.
One of the following documents is attached:
4.1.1 | | certified copy of the contract.
4.1.2 | | certified extract from the contract.
4.1.3 | | certificate of transfer of the right.
4.1.4 | | the document on the transfer of the right.
4.2 | | The change of ownership is the result of a merger.
A copy of the document proving the merger, certified by
the subject of its correspondence to the original is one of the following
documents attached:
4.2.1 | | extract from the trade register.
4.2.2 | | other document issued by the competent authority.
4.3 | | The change of ownership is not the result of signing
a contract or merger.
4.3.1 | | A copy of the document proving such a change,
certified for its compliance with the original
the document is attached.
_____________________________________________________________________
Form No. 4, page 4
_____________________________________________________________________
5. The owner(s) and/or the applicant(s)
5.1 If the owner and/or applicant is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
5.2 If the owner and/or applicant is a legal entity, -
full official name:
5.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
5.4 | | Mark this box if the change is spreading
for several owners and/or applicants; in this case
if necessary, list them on the sheet to continue and specify
for each of them, the data mentioned in the columns
5.1 or 5.2 and 5.3.
5.5 | | Mark this square if the owner and/or applicant,
or one of the owners and/or applicants changed their names
and/or addresses, without requesting a record of such
change, and specify a document proving that the person,
the transferor and the owner and/or the applicant are
the same faces.
_____________________________________________________________________
6. Attorney of the owner and/or applicant
6.1 Name:
6.2 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
6.3 Serial number of the power of attorney:**
_____________________________________________________________________
____________________
* The names to be specified in subgraphs (a) and (b) are
names indicated in the application(s) or entered in the register of marks
in connection with the registration(s) in respect of which the following has been done
the present statement.
** Leave blank if the power of attorney does not have an ordinal number.
numbers, or such a number has not yet been assigned, or is still unknown to the owner
and/or to the applicant or his attorney.
Form No. 4, page 5
_____________________________________________________________________
7. Address of the owner and/or applicant for business correspondence
_____________________________________________________________________
8. New owner(s)
8.1 If the new owner is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
8.2 If the new owner is a legal entity, - full
official name:
8.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
8.4 State (i.e. country) of citizenship:
State (i.e. country) of residence:
The State (i.e. the country) of the business enterprise:**
8.5 If the new owner is a legal entity, specify:
- the organizational and legal nature of such a person:
- the name of the state, and if necessary,
a territorial unit within such a State, in
in accordance with the legislation of which it was established
the specified legal entity:
8.6 | | Mark this square in case of several new ones
owners; in this case, list them on the list for
continuations and specify the data for each of them,
mentioned in columns 8.1 or 8.2, 8.3, 8.4 and 8.5.***
_____________________________________________________________________
____________________
* Names to be specified in accordance with subgraphs (a) and
(b) are either the full names of the new owner, or the names of,
commonly used by him.
** "Business enterprise" means valid and fictitious
an industrial or commercial enterprise.
*** If there are several new ones listed on the continuation sheet
owners with different addresses and no attorney, the address for
correspondence should be underlined.
Form No. 4, page 6
_____________________________________________________________________
9. Attorney of the new owner
9.1 | | The new owner does not have an attorney.
9.2 | | The new owner has an attorney.
9.2.1 Identification of the attorney
9.2.1.1 Name:
9.2.1.2 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
9.2.2 | | The department has a power of attorney.
Sequence number... *
9.2.3 | | The Power of attorney is attached.
9.2.4 | | The power of attorney will be submitted later.
9.2.5 | | A power of attorney is not required.
_____________________________________________________________________
10. The new owner's address for business correspondence**
_____________________________________________________________________
____________________
* Leave blank if the power of attorney does not have a serial number.,
either such a number has not yet been assigned, or the new owner is still unknown.
or his attorney.
** The address for business correspondence should be indicated in column 10 if
the new owner does not have or, in the case of multiple new owners,
if none of them has a domicile or a valid and
a non-fictitious industrial enterprise in the territory of a Contracting Party
the party whose office is the office named on the first page
on the page of this application, except in cases where
the attorney is listed in column 9.
Form No. 4, page 7
_____________________________________________________________________
11. Signature or seal
11.1 The name of the individual who signed or sealed the document
which is being used:
11.2 Mark the appropriate square, depending on,
has the following signature been signed or is the seal used?
by or on behalf of a person
11.2.1 | | the previous owner and/or applicant.
11.2.2 | | new owner.
11.2.3 | | attorney.
11.3 Date of signature or seal:
11.4 Signature or seal:
_____________________________________________________________________
12. The fee
12.1 Currency and amount of the fee paid in connection with this
an application for making changes in relation to the owner:
12.2 Payment method:
_____________________________________________________________________
13. Continuation sheets and/or appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets.
and/or applications:
_____________________________________________________________________
Standard International Form No. 5
certificate of transfer of the right
regarding registration(s) and/or application(s)
for registration of signs
submitted to the Agency...
______________________________
| To be filled in by the agency |
|______________________________|
_____________________________________________________________________
1. ID card
The undersigned transferor and the person(s),
the recipient of this right hereby certifies that the right to
the registration(s) and/or application(s) listed below
transferred under the contract.
2. Registration(s) and/or application(s) to which
(to which) this certificate applies
This certificate relates to the transfer of the right to the following
registration(s) and/or application(s):
2.1 Registration number(s):
2.2 Application number(s):*
2.3 | | If there is not enough space in column 2.1 or 2.2, mark
Select this square and specify the necessary information on the sheet
to continue.
_____________________________________________________________________
____________________
* If the application number has not yet been assigned or is unknown to the person submitting it
the law, or its attorney, can identify such an application.
by providing: (i) a preliminary application number, if available
as such,
assigned by the Office, or (ii) a copy of the application, or (iii)
images of the sign indicating the date on which, according to reliable data,
according to the transferor or his attorney, the application
received by the Office, and the identification number assigned to the application
the transferor or his attorney.
Form No. 5, page 2
_____________________________________________________________________
3. Goods and/or services covered by the transfer of the right
3.1 | | Mark this square if the transfer of the right
applies to all products and/or services,
listed in the application(s) and/or registration
(registrations) indicated (indicated) in column 2.
3.2 | | Mark this square if column 2 contains only
one application or registration, and if the transfer of the right
applies only to some of the products and/or
the services listed in this application and/or registration, and
specify the goods and/or services that are covered
transfer of rights:
3.3 | | Mark this square if there are several specified in column 2
applications or registrations, and if in relation to at least one
of these, the transfer of rights does not apply to all goods
and/or the services listed in it. In this case, specify
on the sheet to continue separately with respect to each
applications and/or registrations, whether the transfer is being distributed
rights to all goods and/or services, or only to some
one of them. In connection with any application or registration, if
The transfer of the right applies only to some
goods and/or services, make an appropriate indication
as prescribed in column 3.2.
_____________________________________________________________________
Form No. 5, page 3
_____________________________________________________________________
4. The person(s) transferring the right.
4.1 If the transferor is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
4.2 If the transferor is a legal entity, -
full official name:
4.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
4.4 | | Mark this square in case of multiple persons,
transferring the right; in this case, list them on the sheet
to continue and specify in relation to each of them
the data mentioned in columns 4.1 or 4.2 and 4.3.
_____________________________________________________________________
____________________
* The names to be specified in subgraphs (a) and (b) are
names indicated in the application(s) or entered in the register of marks
in connection with the registration(s) to which this agreement applies
certificate.
Form No. 5, page 4
_____________________________________________________________________
5. The person(s) receiving the right
5.1 If the person receiving the right is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
5.2 If the person receiving the right is a legal entity, -
full official name:
5.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
5.4 | | Mark this square in case of multiple persons,
eligible persons; in this case, list them on the list
to continue and specify in relation to each of them
the data mentioned in columns 5.1 or 5.2 and 5.3.
_____________________________________________________________________
____________________
* The names to be specified in subgraphs (a) and (b) are
either by the full names of the person receiving the right, or by the names, usually
used by him.
Form No. 5, page 5
_____________________________________________________________________
6. Signatures or seals
6.1 Signature(s) or the seal(s) of the person(s),
transferring the right
6.1.1 The name(s) of the individual(s) who
signed (signatures) or the print(s) of which
(which) are being used (are being used):
6.1.2 Date of affixing the signature(s) or seal
(with seals):
6.1.3 Signature(s) or printing (prints):
6.2 Signature(s) or the seal(s) of the person(s),
receiving the right
6.2.1 The name(s) of the individual(s) who
signed (signatures) or the print(s) of which
(which) are being used (are being used):
6.2.2 Date of affixing the signature(s) or seal
(with seals):
6.2.3 Signature(s) or printing (prints):
_____________________________________________________________________
7. Continuation sheets and/or appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets
and/or applications:
_____________________________________________________________________
Standard International Form No. 6
the document on the transfer of the right
regarding registration(s) and/or application(s)
for registration of signs
submitted to the Agency...
______________________________
| To be filled in by the agency |
|______________________________|
_____________________________________________________________________
1. Application for transfer of the right
The undersigned person(s) transferring the right,
transmits (transmits) to the undersigned person(s) receiving
(receiving) the right, the right to register (registration) and/or
the application(s) listed below.
_____________________________________________________________________
2. Registration(s) and/or application(s) for which
(which) the right is transferred to
This document relates to the transfer of the right to the following
registration(s) and/or application(s):
2.1 Registration number(s):
2.2 Application number(s):
2.3 | | If there is not enough space in column 2.1 or 2.2, mark
Select this square and specify the necessary information on the sheet
to continue.
_____________________________________________________________________
____________________
* If the application number has not yet been assigned or is unknown to the person submitting it
the law, or its attorney, can identify such an application.
by providing: (i) a preliminary application number, if available
as such,
assigned by the Office, or (ii) a copy of the application, or (iii)
images of the sign indicating the date on which, according to reliable data,
according to the transferor or his attorney, the application
received by the Office, and the identification number assigned to the application
the transferor or his attorney.
Form No. 6, page 2
_____________________________________________________________________
3. Goods and/or services covered by the transfer of the right
3.1 | | Mark this square if the transfer of the right
applies to all products and/or services,
listed in the application(s) and/or registration
(registrations) specified in column 2.
3.2 | | Mark this square if column 2 contains only
one application or registration and if the transfer of the right
applies only to some of the products and/or
the services listed in this application and/or registration, and
specify the goods and/or services that are covered
transfer of rights:
3.3 | | Mark this square if there are several specified in column 2
applications or registrations and if in relation to at least one
of these, the transfer of the right does not apply to all goods
and/or the services listed in it. In this case, specify
on the sheet to continue separately with respect to each
applications and/or registrations, whether the transfer is being distributed
rights to all goods and/or services, or only to some
one of them. With respect to any application or registration, if
The transfer of the right applies only to some
goods and/or services, make an appropriate indication
as prescribed in column 3.2.
_____________________________________________________________________
Form No. 6, page 3
_____________________________________________________________________
4. The person(s) transferring the right
4.1 If the transferor is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
4.2 If the transferor is a legal entity, -
full official name:
4.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
4.4 | | Mark this square in case of multiple persons,
transferring the right; in this case, list them on the sheet
to continue and specify in relation to each of them
the data mentioned in columns 4.1 or 4.2 and 4.3.
_____________________________________________________________________
____________________
* The names to be specified in subgraphs (a) and (b) are
names indicated in the application(s) or entered in the register of marks
in connection with the registration(s) to which this
document.
Form No. 6, page 4
_____________________________________________________________________
5. The person(s) receiving the right
5.1 If the person receiving the right is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):
5.2 If the person receiving the right is a legal entity, -
full official name:
5.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
5.4 | | Mark this square in case of multiple persons,
eligible persons; in this case, list them on the list
to continue and specify in relation to each of them
the data mentioned in columns 5.1 or 5.2 and 5.3.
_____________________________________________________________________
6. Additional instructions (see the Appendix to this Form
(attached).
(providing any of these instructions is not necessary for
the purpose of making an entry about the change of ownership)
| | mark this square if the Application is in use.
_____________________________________________________________________
____________________
* The names to be specified in subgraphs (a) and (b) are
either by the full names of the person receiving the right, or by the names, usually
used by him.
Form No. 6, page 5
_____________________________________________________________________
7. Signatures or seals
7.1 Signature(s) or the seal(s) of the person(s),
the transferor(s) of the right
7.1.1 The name(s) of the individual(s) who
signed (signed) or print
(seals) of which (which) are being used (are being used):
7.1.2 Date of affixing the signature(s) or seal
(with seals):
7.1.3 Signature(s) or printing (prints):
7.2 Signature(s) or the seal(s) of the person(s),
the recipient(s) of the right
7.2.1 The name(s) of the individual(s) who
delivered
(signed) signature (signatures) or printing (prints)
which (which) is being used (are being used):
7.2.2 Date of affixing the signature(s) or seal
(with seals):
7.2.3 Signature(s) or printing (prints):
_____________________________________________________________________
8. Continuation sheets and/or Appendices and Appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets
and/or applications:
| | Mark this square, if the Application is attached, and specify
the number of sheets in the Application and the number of sheets for
extensions to the Application:
Appendix to Form No. 6
Additional instructions in connection with the document on
transfer of the right (column 6)
A. Transfer of the right with intangible assets of the company or with
the enterprise
(a) | | Mark this square if the transfer of the right has been carried out
with the intangible assets of the company or together with the business
by the enterprise in relation to all goods and/or services,
listed in the application(s) and/or registration
(registrations) mentioned in column 2 of the document on
transfer of rights.
(b) | | Mark this square if column 2 of the document contains
only one application is specified for the transfer of the right, or
registration and if the transfer of the right is carried out with
intangible assets of the company or together with the business
by the enterprise only with respect to a part of the goods and/or
the services listed in this application or registration, and
specify the goods and/or services for which
the transfer of the right was carried out with intangible assets
companies or together with a business enterprise:
(c) | | Mark this square if column 2 of the document contains
Several applications or registrations are indicated for the transfer of the right
and if, in relation to at least one of them, the transfer of the right
carried out with the intangible assets of the company or together
with a business enterprise in relation to certain goods
and/or the services listed in it. In this case, specify
on the sheet to continue separately with respect to each
applications and/or registrations, whether the transfer of the right has been carried out
with the intangible assets of the company or together with the business
by an enterprise in respect of all goods and/or services, or
only in relation to some of them. In relation to any
applications and registrations, if the transfer of the right is carried out with
intangible assets of the company or together with the business
by an enterprise only in relation to certain goods and/or
services, make an appropriate indication as follows
specified in sub-paragraph (b).
Appendix to Form No. 6, page 2
_____________________________________________________________________
V. Transfer of rights arising from the use of
The rights resulting from the use of the mark have been transferred
(a) | | in respect of all registrations and/or applications
(applications):
(b) | | only with respect to the following registration(s)
and/or applications (applications):
C. Transfer of the right to sue
| | The person who received the right has the right to sue for
past violations.
D. Compensation
(a) | | The transfer of the right was carried out for monetary compensation.
(b) | | The transfer of the right was made for monetary compensation and
other reliable financial obligations.
(c) | | The present transferor confirms
receiving the above-mentioned compensation.
E. Date of transfer of the right
(a) | | The transfer of the right takes effect from the date of signing
the present document on the transfer of the right.
(b) | | The transfer of the right takes effect on the following date: ...
_____________________________________________________________________
Standard International Form No. 7
statement of correction of the error(s)
in registration(s) and/or application(s)
for registration of signs
submitted to the Agency...
______________________________
| To be filled in by the agency |
|______________________________|
______________________________
|N the owner's business, and/or |
|the applicant:* ........|
|N of the attorney's case:* ........|
|______________________________|
_____________________________________________________________________
1. Statement of correction
Correction(s) is hereby requested,
specified (indicated) in this application.
_____________________________________________________________________
2. Registration(s) and/or application(s) to which
This statement applies
This application applies to the following registration
(registrations) and/or application(s):
2.1 Registration number(s):
2.2 Application number(s):**
2.3 | | If there is not enough space in column 2.1 or 2.2, mark
Use this square to provide the necessary information on the sheet
to continue.
____________________
* The number assigned to this application may be indicated here.
the owner and/or the applicant, and/or the number assigned to him by the attorney.
** If the application number has not yet been assigned or is unknown to the applicant or his
to the attorney, such an application can be identified by
provision of: (i) a preliminary application number, if available
such assigned by the Office, or (ii) a copy of the application, or (iii)
images
a sign indicating the date on which, according to reliable information from the applicant
or his attorney, the application has been received by the office, and the identification number
the number assigned to the application by the applicant or his attorney.
Form No. 7, page 2
_____________________________________________________________________
3. The owner(s) and/or the applicant(s)
3.1 If the owner or applicant is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
3.2 If the owner or applicant is a legal entity, -
full official name:
3.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
3.4 | | Mark this square in case of multiple owners
and/or applicants; in this case, list them in the list
to continue and specify in relation to each of them
the data mentioned in columns 3.1 or 3.2 and 3.3.
_____________________________________________________________________
4. The attorney
4.1 Name:
4.1 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
4.1 Serial number of the power of attorney:**
_____________________________________________________________________
* The names to be specified in subgraphs (a) and (b) are
names indicated in the application(s) or entered in the register of marks
in connection with the registration(s) in respect of which the following has been done
the present statement.
** Leave blank if the power of attorney does not have an ordinal number.
numbers, or such a number has not yet been assigned, or is still unknown to the owner
and/or to the applicant or his attorney.
Form No. 7, page 3
_____________________________________________________________________
5. Address for business correspondence
_____________________________________________________________________
6. Specifying the error(s) and correction(s)
6.1 Data that should be corrected:
Corrected data:
6.2 | | Mark this square if in the above column
there is not enough space; in this case, indicate on the sheet for
all data to be corrected together
submitted in the corrected form.
_____________________________________________________________________
7. Signature or seal
7.1 The name of the individual who signed or sealed the document
which is being used:
7.2 Mark the appropriate square, depending on,
has the following signature been signed or is the seal used?
by or on behalf of a person
7.2.1 | | the owner and/or the applicant.
7.2.2 | | attorney.
7.3 Date of signature or seal:
7.4 Signature or seal:
_____________________________________________________________________
Form No. 7, page 4
_____________________________________________________________________
8. Duty
8.1 The currency and amount of the fee paid in connection with this
statement of correction of the error(s):
8.2 Payment method:
_____________________________________________________________________
9. Continuation sheets and/or appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets
and/or applications:
_____________________________________________________________________
Standard International Form No. 8
application for renewal of registration
submitted to the Agency...
______________________________
| To be filled in by the agency |
|______________________________|
______________________________
|N owner's business:* ........|
|N of the attorney's case:* ........|
|______________________________|
_____________________________________________________________________
1. An indication that an extension of registration is requested
An extension of the registration specified in the
in this statement.
_____________________________________________________________________
2. Registration, the extension of which is requested
2.1 Registration number:
2.2 The date of application submission, as a result of which the implementation was carried out
registration:
Registration date:
_____________________________________________________________________
____________________
* The number assigned to this application may be indicated here.
the owner, and/or the number assigned to him by the attorney.
Form No. 8, page 2
_____________________________________________________________________
3. The owner(s)
3.1 If the owner is an individual, -
(a) last name or primary last name:*
(b) First name or additional first name(s):*
3.2 If the owner is a legal entity, - full name
official name:
3.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
3.4 | | Mark this square in case of multiple owners; in
in this case, list them on the continuation sheet and specify in
for each of them, the data mentioned in columns 3.1 or 3.2 and
3.3.
_____________________________________________________________________
* The names to be specified in subgraphs (a) and (b) are
names entered in the register of marks in connection with registration, in
in respect of which this statement has been made.
Form No. 8, page 3
_____________________________________________________________________
4. The owner's attorney
4.1 Name:
4.2 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
4.3 Serial number of the power of attorney:*
_____________________________________________________________________
5. The owner's address for business correspondence
_____________________________________________________________________
____________________
* Leave blank if the power of attorney does not have a serial number.,
either such a number has not yet been assigned, or the owner is still unknown and/or
to the applicant or his attorney.
Form No. 8, page 4
_____________________________________________________________________
6. Goods and/or services for which an extension is requested
registrations*
6.1 | | An extension is requested for all goods and/or services to
which registration applies to.
6.2 | | An extension is requested only for the following items
and/or services that registration refers to:**
6.3 | | An extension is requested for all goods and/or services to
which registration applies to, with the exception of
the following:***
6.4 | | Mark this square if in the above column
there is not enough space, and provide the necessary information on
on the list to continue.
_____________________________________________________________________
____________________
* Mark only one of the following squares: 6.1, 6.2 or 6.3.
** The list of goods and/or services for which the request is made
the renewal of registration should be presented in the form as it is
appears in the registration (goods and services are grouped by class
Nice classification, starting with the indication of the corresponding number
a class, and if the goods or services belong to several classes,
they are presented in the order of the classes of this Classification).
*** Goods and/or services for which no extension is requested
registrations, in cases where they belong to several
The classes of the Nice classification should be grouped by the classes of this
Classifications, starting with the indication of the corresponding class number, and
present in the order of classes of this Classification.
Form No. 8, page 5
_____________________________________________________________________
7. A person other than the owner or the owner's attorney who
submits this application for renewal of registration
Attention: A person other than the owner or the owner's attorney,
can apply for renewal of registration only with
permits of the relevant Contracting Party.
Therefore, this column cannot be filled in if
The Contracting Party whose Office is
by the office indicated on the first page of this
applications for renewal of registration, does not allow that
the application for renewal of registration was submitted by another person,
besides the owner or the owner's attorney.
| | Mark this box if the present extension application
the registration was submitted by a person other than the owner or
the owner's attorney.
7.1 If this person is an individual,
(a) last name or primary last name:
(b) First name or additional first name(s):
7.2 If this person is a legal entity, its full name is
Official name:
7.3 Address (including postal code and country name):
Phone N(NN): Telefax N(NN):
(with country code) (with country code)
_____________________________________________________________________
Form No. 8, page 6
_____________________________________________________________________
8. Signature or seal
8.1 The name of the individual who signed or sealed the document
which is being used:
8.2 Mark the appropriate square, depending on,
has the following signature been signed or is the seal used?
by or on behalf of a person
8.2.1 | | the owner.
8.2.2 | | the owner's attorney.
8.2.3 | | the person indicated in column 7.
8.3 Date of signature or seal:
8.4 Signature or seal:
_____________________________________________________________________
9. Duty
9.1 The currency and amount of the fee paid in connection with this
application for renewal of registration:
9.2 Payment method:
_____________________________________________________________________
10. Continuation sheets and/or appendices
| | Mark this square if there are sheets to continue and/or
appendices are attached, and specify the total number of such sheets
and/or applications:
_____________________________________________________________________
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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