Kenya Coconut Production Presentation by Dr. Lalith Perera
International applications of trademark
1.
2. Two or more applicants may jointly file
an international application governed especially by the
Agreement or governed by both the Agreement and the
protocol if the basic trademark registration is jointly owned by
them and if the country of origin ,as defined in the article 1(3) of
the Agreement, is the same for the each of them.
Two or more applicants may jointly file
an international application governed especially by the
protocol if the basic application was jointly filed by the them or
the basic trademark registration is jointly owned by them, and
if each of them qualifies ,in relation to the contracting party
whose office is the office of origin, for filing an
international application under Article 2(1) of the protocol.
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4. The international application shall be presented to
the international Bureau by the office of the origin.
The international application shall be presented on the official form in
one copy.
The international application shall be signed by the office of the origin
and ,where the office of the origin so requires, also by the applicant.
Where the office does not need the applicant to sign
the international application but allows that the applicant also sign it,
the applicant may do so.
The prescribed fees applicable to the international application shall be
paid as provided for in Rules 10,34 and 35.
The international application shall contain or indicate the name of the
applicant, given in accordance with the administrative instructions .
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5. The address of the applicants, given in accordance with
the administrative instructions .
The name and address of the representative, if any, given
in accordance with the administrative instructions.
Where the applicant wants, under the Paris Convention for
the Protection of Industrial Property ,to make the
advantage of the priority of an earlier filing, a declaration
claiming the priority of that filing, together with an
indication of the name of the Office where such filing was
made and of the date and, where available, the number of
that filing, and, where the earlier filing relates to less than
all the goods and services listed in
the international applications, the indication of
those goods and services to which the earlier filing relates,
A reproduction of the trademark that shall fit in the box
provided on the official form; that reproduction shall be
clear and shall, depending on whether the reproduction in
the basic application or the basic trademark registration is
in black and white or in color.
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6. Where the applicant wishes that the trademark be considered as a
mark in standard characters, a declaration to that effect.
Where the color is claimed as a distinctive advantage of the mark
in the basic application or basic trademark registration, or where
the applicant wishes to claim color as a distinctive advantage of
the trademark and the trademark contained in the basic
application or basic trademark registration is in color, the
notification that color is claimed and the notification by words of
the color or combination of colours applied and, where the
recreation furnished under item(5) is in black and white, one
recreation of the trademark in color.
Where the basic international application or the basic trademark
registration relates to a three dimensional mark, the notification
may “Three dimensional mark”.
Where the trademark that is the subject of the
basic international application or the basic trademark
registration consists of a color or a combination of colours as such,
an indication to that effect.
Where the basic international application or the basic trademark
registration relates to sound mark, the notification of such mark
may be “Sound mark”.
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8. Where the basic international application or the basic trademark
registration relates to a collective mark or certification of marks or a
guarantee mark, the notification to that effect.
Where the basic application or the basic trademark registration contains
the description of the mark by words and the applicant wishes to include
the description and the Office of the origin needs the inclusion of the
description, that the same description;
Where the trademark contains the matter in character other than Latin
characters or numbers expressed in numerals other than Arabic or Roman
numerals;
The name of the goods and services for which the international trademark
registration of the mark is sought, groped in the particular classes of the
International Classification of Goods and Services, each group proceeded
by the number of the class and presented in the order of the classes of that
classification; an international application may have limitations of the list
of goods and services in respect of one or more designated contracting
parties; the limitation in respect of each and every contracting parties are
varied.
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9. Where the person who applies a application, is a legal entity,
notifications consisting the legal nature of the legal entity and the
state, and, where applicable, the territorial unit within that state,
under the law of which the legal entity has been arranged.
Where the trademark consists words those may be translated, a
translation of that words into French if
the international application is governed especially by the
Agreement, or into English, French/Spanish if the international
application is governed especially by the Protocol or is governed
by both the Protocol and the Agreement.
Where the applicant consider color as a important factor of
the trademark, an indication by the words, in respect of each
colours ,the principal parts of mark which are in that same color;
Where the applicant wishes to refuses the protection for any
elements of the mark, the notification of that fact and the element
or elements for which protection is disclaim.
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10. An international application governed especially by the Agreement
or by the Agreement and the Protocol shall consists the number
and date of the basic trademark Registration and shall indicate
one of the following:
That the applicant has a real and effective industrial or
commercial establishment in the territory of the any contracting
state whose office is the Office of origin, or
Where the applicant has any Contracting state of the Agreement,
that he has a fixed permanent place in the territory of the State,
Whose office is the Office of origin, or
Where the applicant has no such establishment or the permanent
fixed place in the territory of any contracting state of the
Agreement, that he is a national of the state whose office is the
Office of the origin.
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11. An international application governed especially by the
Protocol shall contain the number and date of the basic
international application or basic trademark
registration and shall notify one or more of the following:
Where the contracting party whose office is the office of
origin is a State, that the applicant is a national of that
state.
Where the Contracting Party whose office is the Office of
the origin is an organisation, the name of the Member state
of that organisation of which the applicant is a national;
That the applicant has a domicile has a real and effective
improvement in the territory of the contracting party
whose office is the Office of the origin.
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13. An international application governed especially by the Agreement
shall be subject to the payment of the basic fee, that complementary fee
and, where applicable, the supplementary fee, specified in item 1 of the
schedule of fees. Those fees shall be paid in two installments of ten
years each. But Rule 30 is applicable at the time of payment of second
instalment.
An international application governed especially by the protocol shall
be subject to the basic fee, the complementary fee and or the individual
fee and, where applicable, the supplementary fee, specified or referred
to in item 2 of the Schedule of fees. Those fees shall be paid for ten
years.
An international application shall be governed by the both the
Agreement and also by the Protocol shall be subject to the payment of
the basic fee, the complementary fee and where applicable, the
individual fee and the supplementary fee, specified or referred to in
item 3 of Schedule of Fees.
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14. If the international Bureau consider that the requirements of
rule 9(4) are not together with, it shall create a proposal of
its own for the classification and grouping and shall send a
notification of its proposal to the Office of the origin and at
the same time notify the applicant.
The intimation of the proposal shall mention the amount, if
any, of the fees due as a consequence of the required
classification and grouping.
The office of the origin may communicate to
the International Bureau an opinion on the
proposed classification and grouping within three months
from the date of the notification of the proposal.
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15. If, within two months from the date of the intimation referred to
in paragraph (1) a of Rule 12, in the Office of the origin has not
communicated an opinion on the proposed classification and
grouping and the international bureau shall send a notification
to the office of the origin and to a applicant a communication
reiterating the proposal. The sending of such a communication
shall not affect the three month period.
if, in basis of the opinion, the international bureau withdraws
its proposal ,it shall indicates the office of origin accordingly and
at the same time indicate the applicant.
if, in basis of the opinion, the International Bureau modifies its
proposal, it shall indicates the Office of the origin and at the
same time inform the applicant of such modification and any
consequent changes.
In spite of this opinion, the International bureau confirms its
proposal, it shall notify the Office of the origin appropriately
and at the same time inform the applicant.
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17. If the international Bureau considers that any goods and services is
mentioned in the international application by a term that is too vague
for the purposes of classification or is incomprehensible or is
linguistically incorrect, it shall indicates the Office of the origin
accordingly and at the same time inform the applicant.
The office of origin may make a proposal for remedying the irregularity
within three months from the date of the intimation .
If no proposal acceptable to the International Bureau for remedying the
irregularity is made within the period indicated in subparagraph(a), the
International Bureau shall include in the international trademark
registration the term as appearing in the basic application, provided
that the office of the origin has specified the class in which such term
should be classified; the international trademark registration shall
contain an indication, the effect that, in the opinion of the International
Bureau, the specified to vague for the purposes of classification or is
incomprehensible or is linguistically incorrect, as the case may be.
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