utskottsdokument · GVA12453f714 · 2008-01-01 00:00:00 — If the request for renewal is presented and/or the renewal fees are paid after the date on which the renewal is due, any Contracting Party may subject the acceptance of the request for renewal to the payment of a surcharge. Relief Measures in Case of Failure to Comply with Time Limits (1) [Requirements Concerning Extension of Time Limits Under Article 14(2)(i)] A Contracting Party that provides for the extension of a time limit under Article 14(2)(i) shall extend the time limit for a reasonable period of time from the date of filing the request for extension and may require that the request (i) contain an identification of the requesting party, the relevant application or registration number and the time limit concerned, and (ii) be filed within a time limit which shall not be less than two months from the date of expiry of the time limit concerned. (2)[Requirements Concerning Continued Processing Under Article 14(2)(ii)] A Contracting Party may require that the request for continued processing under Article 14(2)(ii) (i) contain an identification of the requesting party, the relevant application or registration number and the time limit concerned, and (ii) be filed within a time limit which shall not be less than two months from the date of expiry of the time limit concerned. The omitted act shall be completed within the same period or, where the Contracting Party so provides, together with the request. (3)[Requirements Concerning Reinstatement of Rights Under Article 14(2)(iii)] (a) A Contracting Party may require that the request for reinstatement of rights under Article 14(2)(iii) (i) contain an identification of the requesting party, the relevant application or registration number and the time limit concerned, and (ii) set out the facts and evidence in support of the reasons for the failure to comply with the time limit concerned. (b) The request for reinstatement of rights shall be filed with the Office within a reasonable time limit, the duration of which shall be determined by the Contracting Party from the date of the removal of the cause of failure to comply with the time limit concerned. The omitted act shall be completed within the same period or, where the Contracting Party so provides, together with the request. (c) A Contracting Party may provide for a maximum time limit for complying with the requirements under subparagraphs (a)and (b) of not less than six months from the date of expiry of the time limit concerned. (4)[Exceptions Under Article 14(3)] The exceptions referred to in Article 14(3) are the cases of failure to comply with a time limit (i)for which a relief measure has already been granted under Article 14(2), (ii)for filing a request for a relief measure under Article 14, (iii)for payment of a renewal fee, (iv)for an action before a board of appeal or other review body constituted in the framework of the Office, (v)for an action in inter partes proceedings, (vi)for filing the declaration referred to in Article 3(1)(a)(vii) or the declaration referred to in Article 3(1)(a)(viii), (vii)for filing a declaration which, under the law of the Contracting Party, may establish a new filing date for a pending application, and (viii)for the correction or addition of a priority claim. Requirements Concerning the Request for Recordal of a License or for Amendment or Cancellation of the Recordal of a License (1) [Content of Request] (a) A Contracting Party may require that the request for recordal of a license under Article 17(1) contain some or all of the following indications or elements: (i)the name and address of the holder; (ii)where the holder has a representative, the name and address of that representative; (iii)where the holder has an address for service, such address; (iv)the name and address of the licensee; (v)where the licensee has a representative, the name and address of that representative; (vi)where the licensee has an address for service, such (vii)the name of a State of which the licensee is a national if he/she is a national of any State, the name of a State in which the licensee has his/her domicile, if any, and the name of a State in which the licensee has a real and effective industrial or commercial , if any; (viii)where the holder or the licensee 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; (ix)the registration number of the mark which is the subject of the license; (x)the names of the goods and/or services for which the license is granted, grouped according to the of the 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 of the said Classification; (xi)whether the license is an exclusive license, a nonexclusive license or a sole license; (xii)where applicable, that the license concerns only a part of the territory covered by the registration, together with an explicit indication of that part of the territory; (xiii)the duration of the license. (b) A Contracting Party may require that the request for amendment or cancellation of the recordal of a license under Article 18(1) contain some or all of the following indications or elements: (i)the indications specified in items (i) to (ix) of subparagraph (a); (ii)where the amendment or cancellation concerns any of the indications or elements specified under subparagraph (a), the nature and scope of the amendment or cancellation to be recorded. (2) [Supporting Documents for Recordal of a License] (a) A Contracting Party may require that the request for recordal of a license be accompanied, at the option of the requesting party, by one of the following: (i)an extract of the license contract indicating the parties and the rights being licensed, certified by a notary public or any other competent public authority as being a true extract of the contract; or (ii) an uncertified statement of license, the content of which corresponds to the statement of license Form provided for in the Regulations, and signed by both the holder and the licensee. (b) may require that any co-holder who is not a party to the license contract give its express consent to the license in a document signed by it. (3)[Supporting Documents for Amendment of Recordal of a License] (a) A Contracting Party may require that the request for amendment of the recordal of a license be accompanied, at the option of the requesting party, by one of the following: (i) documents substantiating the requested amendment of the recordal of the license; or (ii) an uncertified statement of amendment of license, the content of which corresponds to the statement of amendment of license Form provided for in these Regulations, and signed by both the holder and the licensee. (b) may require that any co-holder who is not a party to the license contract give its express consent to the amendment of the license in a document signed by it. (4)[Supporting Documents for Cancellation of Recordal of a License] A Contracting Party may require that the request for cancellation of the recordal of a license be accompanied, at the option of the requesting party, by one of the following: (i) documents substantiating the requested cancellation of the recordal of the license; or (ii) an uncertified statement of cancellation of license, the content of which corresponds to the statement of cancellation of license Form provided for in these Regulations, and signed by both the holder and the licensee.