KEPUTUSAN PRESIDEN REPUBLIK INDONESIA Nomor 17 Tahun 1997 tentang Pembuatan Perjanjian-perjanjian dengan Negara Lain, dipandang perlu untuk mengesahkan Treaty tersebut dengan Keputusan Presiden; (berlaku 7 Mei 1997)
Pembukaan
Menimbang
KEPUTUSAN PRESIDEN REPUBLIK INDONESIA
TENT ANG NOMOR 17 TAHUN 1997
PENGESAHAN TRADEMARK LAW TREATY
PRESIDEN REPUBLIK INDONESIA,
- a. bahwa sebagai hasil persidangan Negara-negara Anggota World Intellectual Property Organization di Jenewa, Swiss pada tanggal 27 Oktober 1994 telah diterima Trademark Law Treaty;
- b. bahwa sehubungan dengan itu, dan sesuai dengan Amanat Presiden Republik Indonesia kepada 'Ketua Dewan Perwakilan Rakyat Nomor 2826/HK/1960 tanggal 22 Agustus 1960 tentang Pembuatan Perjanjian-perjanjian dengan Negara Lain, dipandang perlu untuk mengesahkan Treaty tersebut dengan Keputusan Presiden;
Pasal 4 ayat (1) dan Pasal 11 Undang-Undang Dasar 1945; Mengingat
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MEMUTUSKAN :
TRADEMARK LAW TREATY. PRESIDEN KEPUTUSAN
PENGESAHAN
TENT ANG
Menetapkan
Pasal 1
Mengesahkan Trademark Law Treaty sebagai hasil persidangan dan diterima oleh Negara-negara Anggota World Intellectual Property Organization di Jenewa, Swiss pada tanggal 27 Oktober 1994, yang salinan naskah aslinya dalam bahasa lnggeris sebagaimana terlampir pada Keputusan Presiden ini .
Pasal 4
Mengesahkan Trademark Law Treaty sebagai hasil persidangan dan diterima oleh Negara-negara Anggota World Intellectual Property Organization di Jenewa, Swiss pada tanggal 27 Oktober 1994, yang salinan naskah aslinya dalam bahasa lnggeris sebagaimana terlampir pada Keputusan Presiden ini .
Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
Agar ...
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PENUTUP
Pengesahan
Penetapan: Diundangkan di Jakarta pada tanggal 7 Mei I 997

Penandatangan: MENTER! NEGARA SEKRETARIS NEGARA REPUBLIK INDONESIA ltd MOERDIONO LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1997 NOMOR 34

Distribusi: Salinan sesuai dengan aslinya SEKRET ARIAT KABINET RI KepaJa .. Biro Hukum danPerundang-undangan I \_\_:;;;;;?~~,r i &lt; Lambock V. Nahattands

Penetapan: Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.

Penetapan: Ditetapkan di Jakarta pada tanggal 7 Mei 1997

Penandatangan: PRESIDEN REPUBLIK INDONESIA SO.EHARTO i' J. I!· ## Trademark Law Treaty and ## Regulations Done at Geneva on October 27, 1994 ## CONTENTS Regulations . . . . . . . . . . . . . . . . page 35 3 page Treaty WIPO PUBLICATION No. 225(E) ISBN 92-805-0568-8 WIPO 1994 Reprinted 1995 ## TRADEMARK LAW TREATY ## List of Articles Abbreviated Expressions Marks to Which the Treaty Applies Application

Distribusi: Representation; Address for Service Filing Date . Single Registration for Goods and/or Services in Several Classes Division of Application and Registration

Verifikasi: Signature Classification of Goods and/or Services Changes in Names or Addresses Change in Ownership Correction of a Mistake Duration and Renewal of Registration Observations in Case of Intended Refusal Obligation to Comply with the Paris Convention Service Marks Regulations Revision; Protocols Becoming Party to the Treaty ...

Distribusi: Effective Date of Ratifications and Accessions Reservations Transitional Provisions Denunciation of the Treaty

Verifikasi: Languages of the Treaty; Signature Depositary Article .7: Article 8: Article 9: Article 10: Article 11: Article 12: Article 13: Article 14: Article 15: Article 16: Article 17: Article 18: Article 19: Article 20: Article 21: Article 22: Article 23: Article 24: Article 25: Article I: Article 2: Article 3: Article 4: Article 5: Article 6: ! I t i I t I I I I ~,.,· .: ## Article 1 ## Abbreviated Expression s For the purposes of this Treaty, unless expressly stated otherwise:

Penandatangan: - (i) "Office" means the agency entrusted by a Contracting Party with the registration of marks; - (ii) "registration" means the registration of a mark by an Office; - (iii) "application" means an application for registration; - (iv) references to a "person" shall be construed as references to both a natural person and a legal entity; - (v) "holder" means the person whom the register of marks shows as the holder of the registration; - (vi) "register of marks" means the collection of data maintained by an Office, which includes the contents of all registrations and all data recorded in respect of all registrations, irrespective of the medium in which such data are stored;

Verifikasi: - (vii) "Paris Convention" means the Paris Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883, as revised and amended;

Verifikasi: - (viii) "Nice Classification" means the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, signed at Nice on June 15, 1957, as revised and amended;

Penandatangan: - (ix) "Contracting Party" means any State or intergovernmental organization party to this Treaty;

Distribusi: - (x) references to an "instrument of ratification" shall be construed as including references to instruments of acceptance and approval; - (xi) "Organization" means the World Intellectual Property Organization;

Penandatangan: - (xii) "Director General" means the Director General of the Organization; - (xiii) "Regulations" means the Regulations under this Treaty that are referred to in Article 17. -~r::.1 ··,-:.· ## Article 2 ## Mark s to Which the Treaty Applies

Penandatangan: - (1) [ Nature of Marks] ( a) This Treaty shall apply to marks consisting of visible signs, provided that only those Contracting Parties which accept for registration three-dimensional marks shall be obliged to apply this Treaty to such marks. 2. ( b) This Treaty shall not apply to hologram marks and to marks not consisting of visible signs, in particular, sound marks and olfactory marks. - (2) [ Kinds of Marks] ( a) This Treaty shall apply to marks relating to goods (trademarks) or services (service marks) or both goods and services. 4. ( b ) This Treaty shall not apply to collective marks, certification marks and guarantee marks. ## Article 3 Application

Penandatangan: - (1) [ Indications or Elements Contained in or Accompanying an Application; Fee ] ( a) Any Contracting Party may require that an application contain some or all of the following indications or elements: 2. ·. (i) a request for registration; 3. (ii) the name and address of the applicant; 4. (iii) the name of a State of which the applicant is a national if he is the national of any State, the name of a State in which the applicant has his domicile, if'any, and the name of a State in which the applicant has a real and effective industrial or commercial establishment, if any; 5. (iv) where the applicant is a legal entity, the legal nature of that legal entity and the State, and, where applicable, the territorial unit within that State, under the law of which the said legal entity has been organized;

Distribusi: 6. (v) where the applicant has a representative, the name and address of that representative; (vi) where an address for service is required under Article 4(2) (b), such address; (vii) where the applicant wishes to take advantage of the priority of an earlier application, a declaration claiming the priority of that earlier application, together with indications and evidence in support of the declaration of priority that may be required pursuant to Article 4 of the Paris Convention;

Penandatangan: (viii) where the applicant wishes to take advantage of any protection resulting from the display of goods and/or services in an exhibition, a declaration to that effect, together with indications in support of that declaration, as required by the law of the Contracting Party;

Penandatangan: (ix) where the Office of the Contracting Party uses characters (letters and numbers) that it considers as being standard and where the applicant wishes that the mark be registered and published in standard characters, a statement to that effect; (x) where the applicant wishes to claim color as a distinctive feature of the mark, a statement to that effect as well as the name or names of the color or colors claimed and an indication, in respect of each color, of the principal parts of the mark which are in that color; (xi) where the mark is a three-dimensional mark, a statement to that effect; (xii) one or more reproductions of the mark; (xiii) a transliteration of the mark or of certain parts of the mark; (xiv) a translation of the mark or of certain parts of the mark;

Distribusi: (xv) the names of the goods and/or services for which the registration is sought, grouped according to the classes of the Nice Classification, each group preceded by the number of the class of that Classification to which that group of goods or services belongs and presented in the order of the classes of the said Classification;

Verifikasi: (xvi) a signature by the person specified in paragraph ( 4);

Penandatangan: (xvii) a declaration of intention to use the mark, as required by the law of the Contracting Party. - (b ) The applicant may file, instead of or in addition to the declaration of intention to use the mark referred to in subparagraph ( a)(xvii), a declaration of actual use of the mark and

Penandatangan: evidence to that effect, as required by the law of the Contracting Party.

Penandatangan: - ( c) Any Contracting Party may require that, in respect of the application, fees be paid to the Office.

Penandatangan: - (2) [ Presentation ] As regards the requirements concerning the presentation of the application, no Contracting Party shall refuse the application,

Distribusi: - (i) where the application is presented in writing on paper, if it is presented, subject to paragraph (3), on a form corresponding to the application Form provided for in the Regulations,

Penandatangan: - (ii) where the Contracting Party allows the transmittal of communications to the Office by telefacsimile and the application is so transmitted, if the paper copy resulting from such transmittal corresponds, subject to paragraph (3), to the application Form referred to in item (i).

Penandatangan: - (3) [Language] Any Contracting Party may require that the application be in the language, or in one of the languages, admitted by the Office. Where the Office admits more than one language, the applicant may be required to comply with any other language requirement applicable with respect to the Office, provided that the application may not be required to be in more than one language.

Verifikasi: - (4) [ Signature ] ( a) The signature referred to in paragraph (1)( a)(xvi) may be the signature of the applicant or the signature of his representative.

Penandatangan: - (b) Notwithstanding subparagraph ( a), any Contracting Party may require that the declarations referred to in paragraph (1)( a)(xvii) and (b ) be signed by the applicant himself even if he has a representative. - ( 5) [ Single Application for Goods and/ or Services in Several Classes ] One and the same application may relate to several goods and/or services, irrespective of whether they belong to one class or to several classes of the Nice Classification.

Penandatangan: - (6) [ Actual Use ] Any Contracting Party may require that, where a declaration of intention to use has been filed under paragraph (1)( a)(xvii), the applicant furnish to the Office within a time limit fixed in its law, subject to the minimum time limit prescribed in the Regulations, evidence of the actual use of the mark, as required by the said law.

Penandatangan: - (7) [ Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) to (4) and (6) be complied with in respect of the application. In particular, the following may not be required in respect of the application throughout its pendency: 3. (i) the furnishing of any certificate of, or extract from, a register of commerce; 4. (ii) an indication of the applicant's carrying on of an industrial or commercial activity, as well as the furnishing of evidence to that effect; 5. (iii) an indication of the applicant's carrying on of an activity corresponding to the goods and/or services listed in the application, as well as the furnishing of evidence to that effect;

Penandatangan: 6. (iv) the furnishing of evidence to the effect that the mark has been registered in the register of marks of another Contracting Party or of a State party to the Paris Convention which is not a Contracting Party, except where the applicant claims the application of Article 6quinquies of the Paris Convention.

Penandatangan: - (8) [ Evidence ] Any Contracting Party may require that evidence be furnished to the Office in the course of the examination of the application where the Office may reasonably doubt the veracity of any indication or element contained in the application. ,"· :·i ## Articl e 4

Distribusi: ## Representation; Address for Service

Penandatangan: - (1) [ Representatives Admitted to Practice] Any Contracting Party may require that any person appointed as representative for the purposes of any procedure before the Office be a representative admitted to practice before the Office.

Penandatangan: - (2) [ Mandatory Representation; Address/or Service] ( a) Any Contracting Party may require that, for the purposes of any procedure before the Office, any person who has neither a domicile nor a real and effective industrial or commercial establishment on its territory be represented by a representative.

Penandatangan: 3. (b) Any Contracting Party may, to the extent that it does not require representation in accordance with subparagraph (a), require that, for the purposes of any procedure before the Office, any person who has neither a domicile nor a real and effective industrial or commercial establishment on its territory have an address for service on that territory.

Penandatangan: - (3) [ Power of Attorney ] ( a) Whenever a Contracting Party allows or requires an applicant, a holder or any other interested person to be represented by a representative before the Office, it may require that the representative be appointed in a separate communication (hereinafter referred to as "power of attorney") indicating the name of, and signed by, the applicant, the holder or the other person, as the case may be. 5. ·: (b L The power of attorney may relate to one or more applications and/or registrations identified in the power of attorney or, subject to any exception indicated by the appointing person, to all existing and future applications and/or registrations of that person.

Penandatangan: 6. ( c) The power of attorney may limit the powers of the representative to certain acts. Any Contracting Party may require that any power of attorney under which the representative has the right to withdraw an application or to surrender a registration contain an express indication to that effect.

Distribusi: 7. ( d) Where a communication is submitted to the Office by a person who refers to himself in the communication as a representative but where the Office is, at the time of the receipt

Penandatangan: of the communication, not in possession of the required power of attorney, the Contracting Party may require that the power of attorney be ·submitted to the Office within the time limit fixed by the Contracting Party, subject to the minimum time limit prescribed in the Regulations. Any Contracting Party may provide that, where the power of attorney has not been submitted to the Office within the time limit fixed by the Contracting Party, the communication by the said person shall have no effect.

Penandatangan: - ( e) As regards the requirements concerning the presentation and contents of the power of attorney, no Contracting Party shall refuse the effects of the power of attorney,

Distribusi: - (i) where the power of attorney is presented in writing on paper, if it is presented, subject to paragraph (4), on a form corresponding to the power of attorney Form provided for in the Regulations,

Penandatangan: - (ii) where the Contracting Party allows the transmittal of communications to the Office by telefacsimile and the power of attorney is so transmitted, if the paper copy resulting from such transmittal corresponds, subject to paragraph (4); to the power of attorney Form referred to in item (i).

Penandatangan: - ( 4) [ Language ] Any Contracting Party may require that the power of attorney be in the language, or in one of the languages, admitted by the Office. .

Penandatangan: - (5) [ Reference to Power of Attorney ] Any Contracting Party may .require that any communication made to the Office by a representative for the purposes of a procedure before the Office contain a reference to the power of attorney on the basis of which the representative acts.

Penandatangan: - (6) [ Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (3) to (5) be complied with in respect of the matters dealt with in those paragraphs.

Penandatangan: - (7) [Evidence] Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt the veracity of any indication contained in any communication referred to in paragraphs (2) to (5). ## Article 5 Filing Date

Penandatangan: - (1) [ Permitted Requirements ] ( a) Subject to subparagraph (b ) and paragraph (2), a Contracting Party shall accord as the filing date of an application the date on which the Office received the following indications and elements in the language required under Article 3(3): 2. (i) an express or implicit indication that the registration of a mark is sought; 3. (ii) indications allowing the identity of the applicant to be established;

Distribusi: 4. . (iii) indications sufficient to contact the applicant or his representative, if any, by mail; 5. (iv) a sufficiently clear reproduction of the mark whose registration is sought; 6. (v) the list of the goods and/or services for which the registration is sought;

Penandatangan: 7. (vi) where Article 3(l){a)(xvii) or (b) applies, the declaration referred to in Article 3(1)( a)(xvii) or the declaration and evidence referred to in Article 3(1)(b), respectively, as required by the law of the Contracting Party, those declarations being, if so required by the said law, signed by the applicant himself even ifhe has a representative. ·.":"· -;"

Penandatangan: - ' . (b) Any Contracting Party may accord as the filing date of the application the date on which the Office received only some, rather than all, of the indications and elements referred to in subparagraph ( a) or received them in a language other than the language required under Article 3(3).

Penandatangan: - (2) [ Permitted Additional Requirement ] ( a) A Contracting Party may provide that no filing date shall be accorded until the required fees are paid.

Penandatangan: - ( b ) A Contracting Party may apply the requirement referred to in subparagraph ( a) only if it applied such requirement at the time of becoming party to this Treaty. - (3) [ Corrections and Time Limits ] The modalities of, and time limits for, corrections under paragraphs (1) and (2) shall be fixed in the Regulations. .

Penandatangan: 2. ( 4) [ Prohibition of Other Requirements ] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) be complied with in respect of the filing date. ## Article 6 ## Single Registration for Goods and/or Services in Several Classes Where goods and/or services belonging to several classes of the Nice Classification have been included in one and the same application, such an application shall result in one and the same registration. ## Article 7 ## Division of Application and Registration - (1) [ Division of Application ] ( a) Any application listing several goods and/or services (hereinafter referred to as "initial application") may, ,;.. -r.· 2. (i) at least until the decision by the Office on the registration of the mark, 3. (ii) during any opposition proceedings against the decision of the Office to register the mark, 4. (iii) during any appeal proceedings against the decision on the registration of the mark, be divided by the applicant or at his request into two or more applications (hereinafter referred to as "divisional applications") by distributing among the latter the goods and/or services listed in the initial application. The divisional applications shall preserve the filing date of the initial application and the benefit of the right of priority, if any. ## [ Article 7(1), continued ]

Penandatangan: - (b ) Any Contracting Party shall, subject to subparagraph (a), \_be »= to establish requirements for the division of an application, including the payment of fees. - (2)\_ [ Divisio7: of. Registration J Paragraph (1) shall apply, mutaus '!11:'t.andzs, with respect to a division of a registration. Such a division shall be permitted - (i) during any proceedings in which the validity of the registration is challenged before the Office by a third party, - (ii) during any appeal proceedings against a decision taken by the Office during the former proceedings,·

Penandatangan: provided that a Contracting Party may exclude the possibility of the division of registrations if its law allows third parties to oppose the registration of a mark before the mark is registered. ## Article 8

Verifikasi: ## Signature

Penandatangan: - ( l) [ Communication on Paper ] Where a communication to the Office of a Contracting Party is on paper and a signature is required, that Contracting Party

Verifikasi: - (i) shall, subject to item (iii), accept a handwritten signature,

Verifikasi: - (ii) shall be free to allow, instead of a handwritten signature, the use of other forms of signature, such as a printed or stamped signature, or the use of a seal,

Verifikasi: - (iii) may, where the natural person who signs the communication is its national and such person's address is in its territory, require that a seal be used instead of a handwritten signature,

Distribusi: - (iv) may, where a seal is used; require that the seal be accompanied by an indication in letters of the name of the natural person whose seal is used.

Penandatangan: - (2) [ Communication by Telefacsimile ] ( a) Where a Contracting Party allows the transmittal of communications to the Office by telefacsimile, it shall consider the communication signed if, on the printout produced by the telefacsimile, the reproduction of the signature, or the reproduction of the seal together with, where . ·.~·~· c: required under paragraph (1 )(iv), the indication in letters of the name of the natural person whose seal is used, appears.

Penandatangan: - (b )\_ The Contracting Party referred to in subparagraph ( a) may requ1~e that the p~per whose reproduction was transmitted by telefacs1~11.le be filed \_with the ~ffice\_within a certain period, subject to the mmimum penod prescnbed in the Regulations.

Penandatangan: - (3) [ Communication by Electronic Means] Where a Contracting Party allows the transmittal of communications to the Office by electronic means, it shall consider the communication signed if the latter identifies the sender of the communication by electronic means as prescribed by the Contracting Party.

Penandatangan: - ( 4) [ Prohibition of Requirement of Certification ] No Contracting Party may require the attestation, notarization, authentication, legalization of other certification of any signature or other means of self-identification referred to in the preceding paragraphs, except, if the law of the Contracting Party so provides, where the signature concerns the surrender of a registration. ## Article 9 ## Classification of Goods and/ or Services

Distribusi: - (1) [ Indications of Goods and/ or Services ] Each registration and any publication effected by an Office which concerns an application or registration and which indicates goods and/or services shall indicate the goods and/or services by their names, grouped according to the classes of the Nice Classification, and each group shall be preceded by the number of the class of that Classification to which that group of goods or services belongs and shall be presented in the order of the classes of the said Classification. - (2) [ Goods or Services in the Same Class or in Different Classes] ( a) Goods or services may not be considered as being similar to each other on the ground that, in any registration or publication by the Office, they appear in the same class of the Nice Classification. - . . ( b ) Goods or services may not be considered as being d1ss1mil\_ar ~rom each other on the ground that, in any registration or. pubhca~1on by the Office, they appear in different classes of the Nice Classification. ## Article 10 ## Changes in Names or Addresses

Penandatangan: - (I) [ Changes in the Name or Address of the Holder] ( a) Where there is no change in the person of the holder but there is a change in his name and/or address, each Contracting Party shall accept that a request for the recordal of the change by the Office in its register of marks be made in a communication signed by the holder or his representative and indicating the registration number of the registration concerned and the change to be recorded. As regards the requirements concerning the presentation of the request, no Contracting Party shall refuse the request,

Distribusi: - (i) where the request is presented in writing on paper, ifit is presented, subject to subparagraph ( c), on a f onn corresponding to the request Form provided for in the Regulations,

Penandatangan: - (ii) where the Contracting Party allows the transmittal of communications to the 'Office by telefacsimile and the request is so transmitted, if the paper copy resulting from such transmittal corresponds, subject to subparagraph ( c), to the request Form referred to in item (i). -·

Penandatangan: - ( b) Any Contracting Party may require that the request indicate - (i) the name and address of the holder;

Distribusi: - (ii) where the holder has a representative, the name and address of that representative; - (iii) where the holder has an address for service, such address.

Penandatangan: - ( c ) Any Contracting Party may require that the request be in the language, or in one of the languages, admitted by the Office.

Penandatangan: - ( d) Any Contracting Party may require that, in respect of the request, a fee be paid to the Office. - ( e) A single request shall be sufficient even where the change relates to more than one registration, provided that the registration numbers of all registrations concerned are indicated in the request.

Distribusi: - (2) [ Change in the Name or Address of the Applicant] Paragraph (1) shall apply, mutatis mutandis, where the change concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or his representative, the request otherwise identifies that application as prescribed in the Regulations.

Distribusi: - (3) [ Change in the Name or Address of the Representative or in the Address for Service] Paragraph (1) shall apply, mutatis mutandis, to any change in the name or address of the representative, if any, and to any change relating to the address for service, if any.

Penandatangan: - ( 4) [ Prohibition of Other Requirements ] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) to (3) be complied with in respect of the request referred to in this Article. In particular, the furnishing of any certificate concerning the change may not be required.

Penandatangan: - (5) [ Evidence ] Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt\_ the veracity of any indication contained in the request. ## Article 11 ## Change in Ownership

Penandatangan: - (1) [ Change in the Ownership of a Registration] ( a) Wh~re there is a change in the person of the holder, each Contracting Party shall accept that a request for the recordal of the change by the Office in its register of marks be made in a communication signed by the holder or his representative, or by the person who acquired the ownership (hereinafter referred to as "new owner") or

Penandatangan: his .representative, and indicating the registration number of the reg1strat~on concerned an~ the change to be recorded. As regards the requirements concerning the presentation of the request no Contracting Party shall refuse the request, '

Distribusi: - . (i) wh~re the request is presented in writing on paper, if it IS presented, subject to paragraph (2)( a), on a form corresponding to the request Form provided for in the Regulations,

Penandatangan: - (ii) where the Contracting Party allows the transmittal of communications to the Office by telefacsimile and the request is so transmitted, if the paper copy resulting from such transmittal corresponds, subject to paragraph (2)( a), to the request Form referred to in item (i).

Penandatangan: - (b) Where the change in ownership results from a contract, any Contracting Party may require that the request indicate that fact and be accompanied, at the option of the requesting party, by one of the following:

Distribusi: - (i) a copy of the contract, which copy may be required to be certified, by a notary public or any other competent public authority, as being in conformity with the original contract; - (ii) an extract of the contract showing the change in ownership, which extract may be required to be certified, by a notary public or any other competent public authority, as being a true extract of the contract;

Verifikasi: - (iii) an uncertified certificate of transfer drawn up in the form and with the content as prescribed in the Regulations and signed by both the holder and the new owner;"

Verifikasi: - (iv) an uncertified transfer document drawn up in the form and with the content as prescribed in the Regulations and signed by both the holder and the new owner.

Penandatangan: - ( c) Where the change in ownership results from a merger, any Contracting Party may require that the request indicate that fact and be accompanied by a copy of a document, which document originates from the competent authority and evidences the merger, such as a copy of an extract from a register of commerce, and that that copy be certified by the authority which issued the document or by a notary public or any other competent public authority, as being in conformity with the original document.

Penandatangan: - ( d ) Where there is a change in the person of one or more but not all of several co-holders and such change in ownership results from a contract or a .merger, any Contracting Party may require that an~ co\_-hol~er in respect of which there is no change in ownership give his express consent to the change in ownership in a document signed by him.

Penandatangan: - ( e) Where the change in ownership does not result from a contract or a merger but from another ground, for example, from operation of law or a court decision, any Contracting Party may require that the request indicate that fact and be accompanied by a copy of a document evidencing the change and that that copy be certified as being in conformity with the original document by the authority which issued the document or by a notary public or any other competent public authority.

Penandatangan: - (/) Any Contracting Party may require that the request indicate - (i) the name and address of the holder; - (ii) the name and address of the new owner; - (iii) the name of a State of which the new owner is a national if he is the national of any State, the name of a State in which the new owner has his domicile, if any, and the name of a State in which the new owner has a real and effective industrial or commercial establishment, if any; - (iv) where the newowner is a legal entity, the legal nature of that legal entity and the State, and, where applicable, the territorial unit within that State, under the law of which the said legal entity has been organized;

Distribusi: - (v) where the holder has a representative, the name and address of that representative; - (vi) where the holder has an address for service, such address;

Distribusi: - (vii) where the new owner has a representative, the name and address of that representative; - (viii) where the new owner is required to have an address for service under Article 4(2) ( b ), such address.

Penandatangan: - ( g) Any Contracting Party may require that, in respect of the request, a fee be paid to the Office. - (h) A single request shall be sufficient even where the change relates to more than one registration, provided that the holder and ## [ Article 1 I (I) ( h), continued J the\_ new. owner are the same for each registration and that the registration numbers of all registrations concerned are indicated in the request. - (i) Where the change of ownership does not affect all the goo~s and/or services listed in the holder's registration, and the applicable law allow~ the recording of such change, the Office shall ~reate a separat~ registration referring to the goods and/or services 10 respect of which the ownership has changed.

Penandatangan: - (2) [ Language; Translation] ( a) Any Contracting Party may require that the request, the certificate of transfer or the transfer document referred to in paragraph (1) be in the language, or in one of the languages, admitted by the Office.

Penandatangan: - (b) Any Contracting Party may require that, if the documents ref erred to in paragraph ( 1) ( b) (i) and (ii), ( c) and ( e) are not in the language, or in one of the languages, admitted by the Office, the request be accompanied by a translation or a certified translation of the required document in the language, or in . one of the languages, admitted by the Office.

Distribusi: - (3) [ Change in the Ownership of an Application ] Paragraphs (1) and (2) shall apply, mutatis mutandis, where the change in ownership concerns an application or applications, or both an application or applications an