Common use of COMMON REGULATIONS Clause in Contracts

COMMON REGULATIONS. (b) The international application may also contain, (i) where the applicant is a natural person, an indication of the State of which the applicant is a national; (ii) where the applicant is a legal entity, indications concerning 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; (iii) where the xxxx consists of or contains a word or words that can be translated, a translation of that word or those words into English, French and Spanish, or in any one or two of those languages; (iv) where the applicant claims color as a distinctive feature of the xxxx, an indication by words, in respect of each color, of the principal parts of the xxxx which are in that color; (v) where the applicant wishes to disclaim protection for any element of the xxxx, an indication of that fact and of the element or elements for which protection is disclaimed; (vi) any description of the xxxx by words or, if the applicant so wishes, the description of the xxxx by words contained in the basic application or the basic registration, where it has not been provided under paragraph (4)(a)(xi). (5) [Additional Contents of an International Application] (a) An international application governed exclusively by the Agreement or by both the Agreement and the Protocol shall contain the number and date of the basic registration and shall indicate one of the following: (i) that the applicant has a real and effective industrial or commercial establishment in the territory of the Contracting State whose Office is the Office of origin, or (ii) where the applicant has no such establishment in any Contracting State of the Agreement, that he has a domicile in the territory of the State whose Office is the Office of origin, or (iii) where the applicant has no such establishment or domicile in the territory of any Contracting State of the Agreement, that he is a national of the State whose Office is the Office of origin. (b) An international application governed exclusively by the Protocol shall contain the number and date of the basic application or basic registration and shall indicate one or more of the following: (i) where the Contracting Party whose Office is the Office of origin is a State, that the applicant is a national of that State; (ii) where the Contracting Party whose Office is the Office of origin is an organization, the name of the Member State of that organization of which the applicant is a national; COMMON REGULATIONS 89 (iii) that the applicant has a domicile in the territory of the Contracting Party whose Office is the Office of origin; (iv) that the applicant has a real and effective industrial or commercial establishment in the territory of the Contracting Party whose Office is the Office of origin. (c) Where the address of the applicant given in accordance with paragraph (4)(a)(ii) is not in the territory of the Contracting Party whose Office is the Office of origin and it has been indicated under subparagraph (a)(i) or (ii) or subparagraph (b)(iii) or (iv) that the applicant has a domicile or an establishment in the territory of that Contracting Party, that domicile or the address of that establishment shall be given in the international application. (d) The international application shall contain a declaration by the Office of origin certifying (i) the date on which the Office of origin received or, as provided for in Rule 11(1), is deemed to have received the request by the applicant to present the international application to the International Bureau, (ii) that the applicant named in the international application is the same as the applicant named in the basic application or the holder named in the basic registration, as the case may be, (iii) that any indication referred to in paragraph (4)(a)(viibis) to (xi) and appearing in the international application appears also in the basic application or the basic registration, as the case may be, (iv) that the xxxx that is the subject matter of the international application is the same as in the basic application or the basic registration, as the case may be, (v) that, if color is claimed as a distinctive feature of the xxxx in the basic application or the basic registration, the same claim is included in the international application or that, if color is claimed as a distinctive feature of the xxxx in the international application without having being claimed in the basic application or basic registration, the xxxx in the basic application or basic registration is in fact in the color or combination of colors claimed, and (vi) that the goods and services indicated in the international application are covered by the list of goods and services appearing in the basic application or basic registration, as the case may be. (e) Where the international application is based on two or more basic applications or basic registrations, the declaration referred to in subparagraph (d) shall be deemed to apply to all those basic applications or basic registrations.

COMMON REGULATIONS. (b) The international application may also contain, (i) where the applicant is a natural person, an indication of the State of which the applicant is a national; (ii) where the applicant is a legal entity, indications concerning 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; (iii) where the xxxx consists of or contains a word or words that can be translated, a translation of that word or those words into English, French and Spanish, or in any one or two of those languages; (iv) where the applicant claims color as a distinctive feature of the xxxx, an indication by words, in respect of each color, of the principal parts of the xxxx which are in that color; (v) where the applicant wishes to disclaim protection for any element of the xxxx, an indication of that fact and of the element or elements for which protection is disclaimed; (vi) any description of the xxxx by words or, if the applicant so wishes, the description of the xxxx by words contained in the basic application or the basic registration, where it has not been provided under paragraph (4)(a)(xi). (5) [Additional Contents of an International Application] (a) An international application governed exclusively by the Agreement or by both the Agreement and the Protocol shall contain the number and date of the basic registration and shall indicate one of the following: (i) that the applicant has a real and effective industrial or commercial establishment in the territory of the Contracting State whose Office is the Office of origin, or (ii) where the applicant has no such establishment in any Contracting State of the Agreement, that he has a domicile in the territory of the State whose Office is the Office of origin, oror COMMON REGULATIONS 91 (iii) where the applicant has no such establishment or domicile in the territory of any Contracting State of the Agreement, that he is a national of the State whose Office is the Office of origin. (b) An international application governed exclusively by the Protocol shall contain the number and date of the basic application or basic registration and shall indicate one or more of the following: (i) where the Contracting Party whose Office is the Office of origin is a State, that the applicant is a national of that State; (ii) where the Contracting Party whose Office is the Office of origin is an organization, the name of the Member State of that organization of which the applicant is a national; COMMON REGULATIONS 89; (iii) that the applicant has a domicile in the territory of the Contracting Party whose Office is the Office of origin; (iv) that the applicant has a real and effective industrial or commercial establishment in the territory of the Contracting Party whose Office is the Office of origin. (c) Where the address of the applicant given in accordance with paragraph (4)(a)(ii) is not in the territory of the Contracting Party whose Office is the Office of origin and it has been indicated under subparagraph (a)(i) or (ii) or subparagraph (b)(iii) or (iv) that the applicant has a domicile or an establishment in the territory of that Contracting Party, that domicile or the address of that establishment shall be given in the international application. (d) The international application shall contain a declaration by the Office of origin certifying (i) the date on which the Office of origin received or, as provided for in Rule 11(1), is deemed to have received the request by the applicant to present the international application to the International Bureau, (ii) that the applicant named in the international application is the same as the applicant named in the basic application or the holder named in the basic registration, as the case may be,, 92 COMMON REGULATIONS (iii) that any indication referred to in paragraph (4)(a)(viibis) to (xi) and appearing in the international application appears also in the basic application or the basic registration, as the case may be, (iv) that the xxxx that is the subject matter of the international application is the same as in the basic application or the basic registration, as the case may be, (v) that, if color is claimed as a distinctive feature of the xxxx in the basic application or the basic registration, the same claim is included in the international application or that, if color is claimed as a distinctive feature of the xxxx in the international application without having being claimed in the basic application or basic registration, the xxxx in the basic application or basic registration is in fact in the color or combination of colors claimed, and (vi) that the goods and services indicated in the international application are covered by the list of goods and services appearing in the basic application or basic registration, as the case may be. (e) Where the international application is based on two or more basic applications or basic registrations, the declaration referred to in subparagraph (d) shall be deemed to apply to all those basic applications or basic registrations. (f) Where the international application contains the designation of a Contracting Party that has made a notification under Rule 7(2), the international application shall also contain a declaration of intention to use the xxxx in the territory of that Contracting Party; the declaration shall be considered part of the designation of the Contracting Party requiring it and shall, as required by that Contracting Party, (i) be signed by the applicant himself and be made on a separate official form annexed to the international application, or (ii) be included in the international application. (g) Where an international application contains the designation of a Contracting Organization, it may also contain the following indications: (i) where the applicant wishes to claim, under the law of that Contracting Organization, the seniority of one or more earlier marks registered in, or for, a Member State of that Organization, a declaration to that COMMON REGULATIONS 93 effect, stating the Member State or Member States in or for which the earlier xxxx is registered, the date from which the relevant registration was effective, the number of the relevant registration and the goods and services for which the earlier xxxx is registered. Such indications shall be on an official form to be annexed to the international application; (ii) where, under the law of that Contracting Organization, the applicant is required to indicate a second working language before the Office of that Contracting Organization, in addition to the language of the international application, an indication of that second language.