utskottsdokument · GVA12453f714 · 2008-01-01 00:00:00 — 7)om märket är förväxlingsbart med ett varukännetecken som vid tiden för ansökan används av någon annan samt ansökan gjorts med vetskap om detta och sökanden inte använt sitt märke innan det andra kännetecknet togs i bruk; 8)om märket är förväxlingsbart med ett varumärke som omfattas av en internationell varumärkesregistrering som gäller i och i fråga om vilket den dag som avses i 55 § andra stycket ligger före tiden för ansökningen; eller 9)om märket är förväxlingsbart med ett gemenskapsvarumärke som innehas av någon annan och är registrerat efter en tidigare ansökan. Är märket förväxlingsbart med ett gemenskapsvarumärke som är registrerat efter en senare ansökan, föreligger hinder mot registrering, om innehavaren av gemenskapsvarumärket kan för detta märkes del göra anspråk på ett äldre varumärkes företräde enligt rådets förordning om gemenskapsvarumärken och det äldre varumärket är registrerat efter en tidigare ansökan. Detta gäller även om det äldre varumärket inte har vidmakthållits eller förnyats. I fall som avses i första stycket 9 och andra stycket kan, även om märkena inte avser varor av samma eller liknande slag, förväxlingsbarhet åberopas till förmån för ett gemenskapsvarumärke som är väl ansett i gemenskapen, om användningen av ett annat liknande varumärke skulle dra otillbörlig fördel av eller skulle vara till förfång för det väl ansedda gemenskapsvarumärkets särskiljningsförmåga eller anseende. I fall som avses i första stycket 49 samt andra och tredje styckena får registrering ske, om den vars rätt är i fråga medger det och det inte i övrigt finns hinder enligt första stycket. 19 § Har sökanden icke iakttagit vad om ansökan är föreskrivet eller finner registreringsmyndigheten eljest hinder föreligga för bifall till ansökningen, skall sökanden föreläggas att avgiva yttrande eller vidtaga rättelse, vid äventyr att ansökningen avskrives. Finner registreringsmyndigheten även efter det yttrande avgivits hinder för bifall föreligga, skall ansökningen avslås, där ej anledning förekommer att giva sökanden nytt föreläggande. Särskilda bestämmelser om registrering av utländska varumärken 28 §TPF3FPT Söker någon, som icke driver näring i , registrering av varumärke, skall han visa att märket är för honom i hemlandet registrerat för de varor ansökningen här i riket avser. Under förutsättning av ömsesidighet äger regeringen föreskriva, att beträffande viss främmande stat vad i första stycket stadgas icke skall äga tillämpning. 31 § Innehavare av registrerat varumärke, vilken icke har hemvist i , skall hava ett här bosatt ombud, som äger företräda honom i allt som rör märket. Anteckning härom skall göras i varumärkesregistret. Finnes icke behörigt ombud antecknat, skall registreringsmyndigheten under innehavarens sist uppgivna adress förelägga honom att vidtaga rättelse, vid äventyr att märket avföres ur registret. 3TP PT Senaste lydelse 1977:732. on the of Trademarks For the purposes of this Treaty, unless expressly stated otherwise: (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 (iii)application means an application for registration; (iv)communication means any application, or any request, declaration, correspondence or other information relating to an application or a registration, which is filed with the Office; (v)references to a person shall be construed as references to both a natural person and a legal entity; (vi)holder means the person whom the register of marks shows as the holder of the registration; (vii)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; (viii)procedure before the Office means any procedure in proceedings before the Office with respect to an application or a registration; (ix)Convention means the Convention for the Protection of Industrial Property, signed at on 20, 1883, as revised and amended; (x)Classification means the classification established by the Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of , signed at on 15, 1957, as revised and amended; (xi)license means a license for the use of a mark under the law of a Contracting Party; (xii)licensee means the person to whom a license has been granted; (xiii)Contracting Party means any State or intergovernmental organization party to this Treaty; (xiv)Diplomatic Conference means the convocation of Contracting Parties for the purpose of revising or amending the Treaty; (xv)Assembly means the Assembly referred to in Article (xvi)references to an instrument of ratification shall be construed as including references to instruments of acceptance and approval; (xvii)Organization means the ; (xviii)means ; (xix)Director General means the Director General of the Organization; (xx)Regulations means the Regulations under this Treaty that are referred to in Article 22; (xxi)references to an Article or to a paragraph, subparagraph or item of an Article shall be construed as including references to the corresponding rule(s) under the Regulations; (xxii)TLT 1994 means the done at on October 27, 1994. to Which the Treaty Applies (1)[Nature of ] shall apply this Treaty to marks consisting of signs that can be registered as marks under its law. (2)[Kinds of ] (a)shall apply to marks relating to goods (trademarks) or services (service marks) or both goods and services. (b)shall not apply to collective marks, certification marks and guarantee marks. (1) [Indications or Elements Contained in or Accompanying an Application; Fee] (a) may require that an application contain some or all of the following indications or elements: (i)a request for registration; (ii)the name and address of the applicant; (iii)the name of a State of which the applicant is a national if he/she is the national of any State, the name of a State in which the applicant has his/her domicile, if any, and the name of a State in which the applicant has a real and effective industrial or commercial , if any; (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; (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 Convention; (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; (ix)at least one representation of the mark, as prescribed in the Regulations; (x)where applicable, a statement, as prescribed in the Regulations, indicating the type of mark as well as any specific requirements applicable to that type of mark; (xi)where applicable, a statement, as prescribed in the Regulations, indicating that the applicant wishes that the mark be registered and published in the standard characters used by the Office; (xii)where applicable, a statement, as prescribed in the Regulations, indicating that the applicant wishes to claim color as a distinctive feature of the mark; (xiii)a transliteration of the mark or of certain parts of the (xiv)a translation of the mark or of certain parts of the mark; (xv)the names of the goods and/or services for which the registration is sought, 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; (xvi)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)(xvi), a declaration of actual use of the mark and evidence to that effect, as required by the law of the Contracting Party. (c) may require that, in respect of the application, fees be paid to the Office. (2)[Single Application for Goods and/or Services in Several ] One and the same application may relate to several goods and/or services, irrespective of whether they belong to one class or to several of the Classification. (3)[Actual Use] may require that, where a declaration of intention to use has been filed under paragraph (1)(a)(xvi), 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. (4)[Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (3) and in Article 8 be complied with in respect of the application. In particular, the following may not be required in respect of the application throughout its pendency: (i) the furnishing of any certificate of, or extract from, a register of commerce; (ii) an indication of the applicants carrying on of an industrial or commercial activity, as well as the furnishing of evidence to that effect; (iii) an indication of the applicants 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; (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 Convention which is not a Contracting Party, except where the applicant claims the application of Article 6quinquies of the Convention. (5)[Evidence] 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. Representation; Address for Service (1) [Representatives Admitted to Practice] (a)may require that a representative appointed for the purposes of any procedure before the Office (i)have the right, under the applicable law, to practice before the Office in respect of applications and registrations and, where applicable, be admitted to practice before the Office; (ii)provide, as its address, an address on a territory prescribed by the Contracting Party. (b)An act, with respect to any procedure before the Office, by or in relation to a representative who complies with the requirements applied by the Contracting Party under subparagraph (a), shall have the effect of an act by or in relation to the applicant, holder or other interested person who appointed that representative. (2) [Mandatory Representation; Address for Service] (a)may require that, for the purposes of any procedure before the Office, an applicant, holder or other interested person who has neither a domicile nor a real and effective industrial or commercial on its territory be represented by a representative. (b)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, an applicant, holder or other interested person who has neither a domicile nor a real and effective industrial or commercial on its territory have an address for service on that territory. (3) [] (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 the applicant, the holder or the other person, as the case may be. (b)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. (c)The power of attorney may limit the powers of the representative to certain acts. 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. (d)Where a communication is submitted to the Office by a person who refers to itself in the communication as a representative but where the Office is, at the time of the receipt 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. 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. (4) [Reference to ] 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. (5)[Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (3) and (4) and in Article 8 be complied with in respect of the matters dealt with in those paragraphs. (6)[Evidence] 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 (3) and (4). (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 8(2): (i)an express or implicit indication that the registration of a mark is sought; (ii)indications allowing the identity of the applicant to be established; (iii)indications allowing the applicant or its representative, if any, to be contacted by the Office; (iv) a sufficiently clear representation of the mark whose registration is sought; (v)the list of the goods and/or services for which the registration is sought; (vi) where Article 3(1)(a)(xvi) or (b) applies, the declaration referred to in Article 3(1)(a)(xvi) or the declaration and evidence referred to in Article 3(1)(b), respectively, as required by the law of the Contracting Party. (b)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 8(2). (2) [Permitted Additional Requirement] (a)A Contracting Party may provide that no filing date shall be accorded until the required fees are paid. (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. (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. Single Registration for Goods and/or Services in Several Where goods and/or services belonging to several of the Classification have been included in one and the same application, such an application shall result in one and the same registration. Division of Application and Registration (1) [Division of Application] (a) application listing several goods and/or services (hereinafter referred to as initial application) may, (i)at least until the decision by the Office on the registration of the mark, (ii)during any opposition proceedings against the decision of the Office to register the mark, (iii) during any appeal proceedings against the decision on the registration of the mark, be divided by the applicant or at its 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. (b) shall, subject to subparagraph (a), be free to establish requirements for the division of an application, including the payment of fees. (2) [Division of Registration] Paragraph (1) shall apply, mutatis mutandis, 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, 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. (1)[Means of Transmittal and Form of Communications] may choose the means of transmittal of communications and whether it accepts communications on paper, communications in electronic form or any other form of communication. (2)[Language of Communications] (a) may require that any communication be in a language admitted by the Office. Where the Office admits more than one language, the applicant, holder or other interested person may be required to comply with any other language requirement applicable with respect to the Office, provided that no indication or element of the communication may be required to be in more than one language. (b)No Contracting Party may require the attestation, notarization, authentication, legalization or any other certification of any translation of a communication other than as provided under this Treaty. (c)Where a Contracting Party does not require a communication to be in a language admitted by its Office, the Office may require that a translation of that communication by an official translator or a representative, into a language admitted by the Office, be supplied within a reasonable time limit. (3) [Signature of Communications on Paper] (a)may require that a communication on paper be signed by the applicant, holder or other interested person. Where a Contracting Party requires a communication on paper to be signed, that Contracting Party shall accept any signature that complies with the requirements prescribed in the Regulations. (b)No Contracting Party may require the attestation, notarization, authentication, legalization or other certification of any signature except, where the law of the Contracting Party so provides, if the signature concerns the surrender of a registration. (c)Notwithstanding subparagraph (b), a Contracting Party may require that evidence be filed with the Office where the Office may reasonably doubt the authenticity of any signature of a communication on paper. (4) [Communications Filed in Electronic Form or by Electronic Means of Transmittal] Where a Contracting Party permits the filing of communications in electronic form or by electronic means of transmittal, it may require that any such communications comply with the requirements prescribed in the Regulations. (5)[Presentation of a Communication] shall accept the presentation of a communication the content of which corresponds to the relevant Form, if any, provided for in the Regulations. (6)[Prohibition of Other Requirements] No Contracting Party may demand that, in respect of paragraphs (1) to (5), requirements other than those referred to in this Article be complied with. (7)[Means of Communication with Representative] Nothing in this Article regulates the means of communication between an applicant, holder or other interested person and its representative. Classification of Goods and/or Services (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 of the 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 of the said Classification. (2)[Goods or Services in the Same Class or in Different ] (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 Classification. (b) Goods or services may not be considered as being dissimilar from each other on the ground that, in any registration or publication by the Office, they appear in different of the Classification. Changes in Names or Addresses (1) [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 its 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 by the holder in a communication indicating the registration number of the registration concerned and the change to be recorded. (b)may require that the request indicate (i)the name and address of the holder; (ii)where the holder has a representative, the name and address of that representative; (iii)where the holder has an address for service, such address. (c)may require that, in respect of the request, a fee be paid to the Office. (d)A single request shall be sufficient even where the change relates to more than one registration, provided that the registration numbers of all registrations concerned are indicated in the request. (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 its representative, the request otherwise identifies that application as prescribed in the Regulations. (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. (4)[Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) to (3) and in Article 8 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. (5)[Evidence] may require that evidence be furnished to the Office where the Office may reasonably doubt the veracity of any indication contained in the request. (1) [Change in the Ownership of a Registration]