Common use of Cancellation of Recording; Effective Date of Cancellation Clause in Contracts

Cancellation of Recording; Effective Date of Cancellation. (a) Any recording under paragraph (3)(a) shall be canceled where cancellation is requested in a communication signed by the applicant, holder or representative. The recording shall be canceled ex officio by the International Bureau where a new representative is appointed or where a change in ownership is recorded and no representative is appointed by the new holder of the international registration. (b) The cancellation shall be effective from the date on which the International Bureau receives the corresponding communication. (c) The International Bureau shall notify the cancellation and its effective date to the representative whose recording has been canceled and to the applicant or holder. Rule 4 Calculation of Time Limits‌‌ (1) [Periods Expressed in Years] Any period expressed in years shall expire, in the relevant subsequent year, in the month having the same name and on the day having the same number as the month and the day of the event from which the period starts to run, except that, where the event occurred on February 29 and in the relevant subsequent year February ends on the 28th, the period shall expire on February 28. (2) [Periods Expressed in Months] Any period expressed in months shall expire, in the relevant subsequent month, on the day which has the same number as the day of the event from which the period starts to run, except that, where the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month. (3) [Periods Expressed in Days] The calculation of any period expressed in days shall start with the day following the day on which the relevant event occurred and shall expire accordingly. (4) [Expiry on a Day on Which the International Bureau or an Office Is Not Open to the Public] If a period expires on a day on which the International Bureau or the Office concerned is not open to the public, the period shall, notwithstanding paragraphs (1) to (3), expire on the first subsequent day on which the International Bureau or the Office concerned is open to the public.

Cancellation of Recording; Effective Date of Cancellation. (a) Any recording under paragraph (3)(a4)(a) shall be canceled cancelled where cancellation is requested in a communication signed by the applicant, holder or representative. The recording shall be canceled cancelled ex officio by the International Bureau where a new representative is appointed or where or, in case a change in ownership is recorded and has been recorded, where no representative is appointed by the new holder of the international registration. (b) The Subject to subparagraph (c), the cancellation shall be effective from the date on which the International Bureau receives the corresponding communication. (c) Where the cancellation is requested by the representative, it shall be effective from the earlier of the following: (i) the date on which the International Bureau receives a communication appointing a new representative; (ii) the date of the expiry of a period of two months counted from the receipt of the request of the representative that the recording be cancelled. Until the effective date of the cancellation, all communications referred to in paragraph (5)(b) shall be addressed by the International Bureau to both the applicant or holder and the representative. (d) The International Bureau shall shall, upon receipt of a request for cancellation made by the representative, notify accordingly the applicant or holder, and add to the notification copies of all communications sent to the representative, or received by the International Bureau from the representative, during the six months preceding the date of the notification. (e) The International Bureau shall, once the effective date of the cancellation is known, notify the cancellation and its effective date to the representative whose recording has been canceled and cancelled, to the applicant or holder. Rule 4 Calculation of Time Limits‌‌ (1) [Periods Expressed in Years] Any period expressed in years shall expire, in the relevant subsequent year, in the month having the same name and on the day having the same number as the month and the day of the event from which the period starts to run, except thatholder and, where the event occurred on February 29 and in appointment of the relevant subsequent year February ends on the 28threpresentative had been presented through an Office, the period shall expire on February 28to that Office. (2f) [Periods Expressed in Months] Any period expressed in months shall expire, in Cancellations at the relevant subsequent month, on the day which has the same number as the day request of the event from which holder or the period starts to run, except that, where the relevant subsequent month has no day with the same number, the period holder’s representative shall expire on the last day of that month. (3) [Periods Expressed in Days] The calculation of any period expressed in days shall start with the day following the day on which the relevant event occurred and shall expire accordingly. (4) [Expiry on a Day on Which the International Bureau or an Office Is Not Open also be notified to the Public] If a period expires on a day on which Offices of the International Bureau or the Office concerned is not open to the public, the period shall, notwithstanding paragraphs (1) to (3), expire on the first subsequent day on which the International Bureau or the Office concerned is open to the publicdesignated Contracting Parties.

Cancellation of Recording; Effective Date of Cancellation. (a) Any recording under paragraph (3)(a) shall be canceled where cancellation is requested in a communication signed by the applicant, holder or representative. The recording shall be canceled ex officio by the International Bureau where a new representative is appointed or where a change in ownership is recorded and no representative is appointed by the new holder of the international registration. (b) The cancellation shall be effective from the date on which the International Bureau receives the corresponding communication. (c) The International Bureau shall notify the cancellation and its effective date to the representative whose recording has been canceled and to the applicant or holder. Rule 4 Calculation of Time Limits‌‌ (1) [Periods Expressed in Years] Any period expressed in years shall expire, in the relevant subsequent year, in the month having the same name and on the day having the same number as the month and the day of the event from which the period starts to run, except that, where the event occurred on February 29 and in the relevant subsequent year February ends on the 28th, the period shall expire on February 28. (2) [Periods Expressed in Months] Any period expressed in months shall expire, in the relevant subsequent month, on the day which has the same number as the day of the event from which the period starts to run, except that, where the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month. (3) [Periods Expressed in Days] The calculation of any period expressed in days shall start with the day following the day on which the relevant event occurred and shall expire accordingly. (4) [Expiry on a Day on Which the International Bureau or an Office Is Not Open to the Public] If a period expires on a day on which the International Bureau or the Office concerned is not open to the public, the period shall, notwithstanding paragraphs (1) to (3), expire on the first subsequent day on which the International Bureau or the Office concerned is open to the public. (1) [Communications Sent Through a Postal Service] Failure by an interested party to meet a time limit for a communication addressed to the International Bureau and mailed through a postal service shall be excused if the interested party submits evidence showing, to the satisfaction of the International Bureau, (i) that the communication was mailed at least five days prior to the expiry of the time limit, or, where the postal service was, on any of the ten days preceding the day of expiry of the time limit, interrupted on account of war, revolution, civil disorder, strike, natural calamity, or other like reason, that the communication was mailed not later than five days after postal service was resumed, (ii) that the mailing of the communication was registered, or details of the mailing were recorded, by the postal service at the time of mailing, and (iii) in cases where not all classes of mail normally reach the International Bureau within two days of mailing, that the communication was mailed by a class of mail which normally reaches the International Bureau within two days of mailing or by airmail. (2) [Communications Sent Through a Delivery Service] Failure by an interested party to meet a time limit for a communication addressed to the International Bureau and sent through a delivery service shall be excused if the interested party submits evidence showing, to the satisfaction of the International Bureau, (i) that the communication was sent at least five days prior to the expiry of the time limit, or, where the delivery service was, on any of the ten days preceding the day of expiry of the time limit, interrupted on account of war, revolution, civil disorder, natural calamity, or other like reason, that the communication was sent not later than five days after the delivery service was resumed, and (ii) that details of the sending of the communication were recorded by the delivery service at the time of sending. (3) [Communication Sent Electronically] Failure by an interested party to meet a time limit for a communication addressed to the International Bureau and submitted by electronic means shall be excused if the interested party submits evidence showing, to the satisfaction of the International Bureau, that the time limit was not met because of failure in the electronic communication with the International Bureau, or which affects the locality of the interested party owing to extraordinary circumstances beyond the control of the interested party, and that the communication was effected not later than five days after the electronic communication service was resumed. (4) [Limitation on Excuse] Failure to meet a time limit shall be excused under this Rule only if the evidence referred to in paragraph (1), (2) or (3) and the communication or, where applicable, a duplicate thereof are received by the International Bureau not later than six months after the expiry of the time limit. (5) [Exception] This rule shall not apply to the payment of the second part of the individual designation fee through the International Bureau as referred to in Rule 12(3)(c). Rule 6 Languages‌‌ (1) [International Application] The international application shall be in English, French or Spanish. (2) [Recording and Publication] The recording in the International Register and the publication in the Bulletin of the international registration and of any data to be both recorded and published under these Regulations in respect of that international registration shall be in English, French and Spanish. The recording and publication of the international registration shall indicate the language in which the international application was received by the International Bureau. (3) [Communications] Any communication concerning an international application or an international registration shall be (i) in English, French or Spanish where such communication is addressed to the International Bureau by the applicant or holder, or by an Office; (ii) in the language of the international application where the communication is addressed by the International Bureau to an Office, unless that Office has notified the International Bureau that any such communications are to be in English, or in French or in Spanish; (iii) in the language of the international application where the communication is addressed by the International Bureau to the applicant or holder unless that applicant or holder has expressed the wish that all such communications be in English, or be in French or be in Spanish. (4) [Translation] The translations needed for the recordings and publications under paragraph (2) shall be made by the International Bureau. The applicant may annex to the international application a proposed translation of any text matter contained in the international application. If the proposed translation is not considered by the International Bureau to be correct, it shall be corrected by the International Bureau after having invited the applicant to make, within one month from the invitation, observations on the proposed corrections. CHAPTER 2‌ INTERNATIONAL APPLICATIONS AND INTERNATIONAL REGISTRATIONS‌ Rule 7‌‌ (1) [Form and Signature] The international application shall be presented on the official form. The international application shall be signed by the applicant. (2) [Fees] The prescribed fees applicable to the international application shall be paid as provided for in Rules 27 and 28. (3) [Mandatory Contents of the International Application] The international application shall contain or indicate (i) the name of the applicant, given in accordance with the Administrative Instructions; (ii) the address, given in accordance with the Administrative Instructions, and email address of the applicant; (iii) the Contracting Party or Parties in respect of which the applicant fulfills the conditions to be the holder of an international registration; (iv) the product or products which constitute the industrial design or in relation to which the industrial design is to be used, with an indication whether the product or products constitute the industrial design or are products in relation to which the industrial design is to be used; the product or products shall preferably be identified by using terms appearing in the list of goods of the International Classification; (v) the number of industrial designs included in the international application, which may not exceed 100, and the number of reproductions or specimens of the industrial designs accompanying the international application in accordance with Rule 9 or 10; (vi) the designated Contracting Parties; (vii) the amount of the fees being paid and the method of payment, or instructions to debit the required amount of fees to an account opened with the International Bureau, and the identification of the party effecting the payment or giving the instructions. (4) [Additional Mandatory Contents of an International Application] (a) With respect to Contracting Parties designated under the 1999 Act in an international application, that application shall contain, in addition to the indications referred to in paragraph (3)(iii), the indication of the applicant’s Contracting Party. (b) Where a Contracting Party designated under the 1999 Act has notified the Director General, in accordance with Article 5(2)(a) of the 1999 Act, that its law requires one or more of the elements referred to in Article 5(2)(b) of the 1999 Act, the international application shall contain such element or elements, as prescribed in Rule 11. (c) Where Rule 8 applies, the international application shall, as applicable, contain the indications referred to in paragraphs (2) or (3) thereof and be accompanied by any relevant statement, document, oath or declaration referred to in that Rule. (5) [Optional Contents of an International Application] (a) An element referred to in item (i) or (ii) of Article 5(2)(b) of the 1999 Act or in Article 8(4)(a) of the 1960 Act may, at the option of the applicant, be included in the international application even where that element is not required in consequence of a notification in accordance with Article 5(2)(a) of the 1999 Act or in consequence of a requirement under Article 8(4)(a) of the 1960 Act.