Common use of Opposition Clause in Contracts

Opposition. ‌ (1) Any interested party may oppose the registration of a xxxx by sending to the Organization, within a period of six months from the publication mentioned in Article 17 above, a written statement setting out the reasons for his opposition, which reasons must be based on an infringement either of the provisions of Article 2 or 3 of this Annex, or of a prior right belonging to the opposing party. (2) The Organization shall send a copy of the statement of opposition to the applicant or to his agent, who may reply, setting out his reasons, within a once-renewable period of three months. The reply shall be forwarded to the opponent or to his representative. If his reply does not reach the Organization by the prescribed time limit, the applicant shall be deemed to have withdrawn his application for registration and the registration shall be cancelled. (3) Before taking a decision on the opposition, the Organization shall, on request, hear each or either of the parties or their agents. (4) An appeal from the Organization’s decision on the opposition shall lie to the High Commission of Appeal within a period of three months from the date of receipt of notice of the decision by the interested parties. (5) The Organization shall only cancel the registration in so far as the aforementioned opposition is valid. (6) The final decision on cancellation shall be published in the official Bulletin of the Organization.

Appears in 4 contracts

Samples: Agreement Revising the Bangui Agreement, Agreement Revising the Bangui Agreement on the Creation of an African Intellectual Property Organization, Agreement Revising the Bangui Agreement on the Creation of an African Intellectual Property Organization

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Opposition. ‌ (1) Any interested party may oppose the registration of a xxxx mark by sending to the Organization, within a period of six months from the publication mentioned in Article 17 above, a written statement setting out the reasons for his opposition, which reasons must be based on an infringement either of the provisions of Article 2 or 3 of this Annex, or of a prior right belonging to the opposing party. (2) The Organization shall send a copy of the statement of opposition to the applicant or to his agent, who may reply, setting out his reasons, within a once-renewable period of three months. The reply shall be forwarded to the opponent or to his representative. If his reply does not reach the Organization by the prescribed time limit, the applicant shall be deemed to have withdrawn his application for registration and the registration shall be cancelled. (3) Before taking a decision on the opposition, the Organization shall, on request, hear each or either of the parties or their agents. (4) An appeal from the Organization’s decision on the opposition shall lie to the High Commission of Appeal within a period of three months from the date of receipt of notice of the decision by the interested parties. (5) The Organization shall only cancel the registration in so far as the aforementioned opposition is valid. (6) The final decision on cancellation shall be published in the official Bulletin of the Organization.

Appears in 2 contracts

Samples: Revising Agreement, Agreement Revising the Bangui Agreement on the Creation of an African Intellectual Property Organization

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Opposition. (1) Any interested party may oppose the registration of a xxxx by sending to the Organization, within a period of six months from the publication mentioned in Article 17 above, a written statement setting out the reasons for his opposition, which reasons must be based on an infringement either of the provisions of Article 2 or 3 of this Annex, or of a prior right belonging to the opposing party. (2) The Organization shall send a copy of the statement of opposition to the applicant or to his agent, who may reply, setting out his reasons, within a once-renewable period of three months. The reply shall be forwarded to the opponent or to his representative. If his reply does not reach the Organization by the prescribed time limit, the applicant shall be deemed to have withdrawn his application for registration and the registration shall be cancelled. (3) Before taking a decision on the opposition, the Organization shall, on request, hear each or either of the parties or their agents. (4) An appeal from the Organization’s decision on the opposition shall lie to the High Commission of Appeal within a period of three months from the date of receipt of notice of the decision by the interested parties. (5) The Organization shall only cancel the registration in so far as the aforementioned opposition is valid. (6) The final decision on cancellation shall be published in the official Bulletin of the Organization.

Appears in 1 contract

Samples: Agreement Revising the Bangui Agreement

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