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REGULATIONS UNDER THE MADRID AGREEMENT 8
Rule 24 Unofficial Notice of Expiration
Six months before the expiration of the current period of 20 years or, if the basic fee has been paid for a first period of 10 years, six months before the expiration of that period, the International Bureau shall remind the owner and his agent of the date of such expiration, by sending an unofficial notice.
Rule 25 Time Limit for and Conditions of Renewal
- (1) The fees required for renewal are the basic fee for 20 years specified in Rule 32(1)(a)(i), the complementary fee specified in Rule 32(1)(a)(iii) and, where applicable, the supplementary fee specified in Rule 32(1)(a)(ii).
- (2) The fees required for renewal may not be paid earlier than one year before the date of expiration of the current period.
- (3) The required fees must be paid, at the latest, on the date of expiration of the current period. However, they may be paid after that date, but not later than on the date of expiration of the period of grace of six months provided for in Article 7(5) of that Agreement, if the surcharge fixed in Rule 32(1)(d) is paid within the same period.
- (4) Payment of the fees referred to in paragraph (1) and, where applicable, of the surcharge specified in Rule 32(1)(d) shall be accompanied by the indications provided for in Rule 34(2) and, where applicable, by an indication of those countries that are recorded in the International Register on the date of expiration of the international registration to be renewed and for which renewal is not requested.
- (5) Payment of the required fees shall be made directly by the parties concerned, unless the regulations of the country of the owner prescribe or permit them to be paid through the intermediary of the national Office of that country; if payment is made directly by the parties concerned, the International Bureau shall correspond directly with them.
- (6) Limitation of the list of countries as referred to in paragraph (4) shall not be considered to constitute a change within the meaning of Article 7(2) of the Agreement.
Rule 26 Renewal of an International Registration Which Has Been Partly Assigned
- (1) Subject to paragraph (2), renewal of an international registration which has been partly assigned shall be effected separately in respect of each of the assignor's and the assignee's shares, the conditions of renewal applying in their entirety and separately to both the assignor and the assignee.
- (2) If the share of the assignor and that of the assignee are registered in the name of the same owner on the date of renewal, those shares may be included in one and the same renewal, which shall bear the number of the original international registration.
Rule 27 Irregular Renewal
- (1) If the conditions for renewal required by the Agreement or these Regulations are not fulfilled, the International Bureau shall notify the owner accordingly, or the national Office of the country of the owner if the required fees have been paid through the intermediary of that Office.
- (2) The international registration shall not be renewed and any fees already paid shall be reimbursed if the conditions for renewal are not fulfilled:
(i) before the expiration of the current period, or
(ii) within the period of grace of six months referred to in Rule 25(3).
Rule 28 Recording of the Renewal in the International Register
- (1) If it is in conformity with the Agreement and these Regulations, renewal shall be recorded in the International Register on the date of expiration of the current period; it shall also bear that date if it is effected within the period of grace of six months following the date of expiration.
- (2) Recording shall contain or indicate:
(i) the date of the renewal;
(ii) the duration of the effects of renewal;
(iii) the serial number of the renewed registration;
(iv) the name and address of the owner and, where applicable, the address to be used for correspondence;
(v) if the address of the owner mentions a country which is not a contracting country, the reason for which that owner is entitled to be the owner of an international registration;
(vi) the country of origin;
(vii) a reproduction of the mark in black and white and, if color is claimed, a color reproduction of the mark;
(viii) where applicable, an indication of the color or combination of colors claimed;
(ix) where applicable, an indication of the categories and divisions of the International Classification of Figurative Elements;
(x) where applicable, the notice "three-dimensional mark";
(xi) where applicable, the transliteration referred to in Rule 8(2)(x) and the translation referred to in Rule 8(3)(ii);
(xii) where applicable, the notice "collective mark," "certification mark" or "guarantee mark";
(xiii) the goods and services, grouped according to the classes of the International Classification of Goods and Services; if, following a limitation of the list of goods and services, that list is not identical for all countries, the differences shall be indicated; in the case of refusals pronounced for some of the goods and services, only the countries having pronounced the refusal shall be indicated;
(xiv) the countries in respect of which the fees required for renewal have been paid and for which the mark remains registered;
(xv) where applicable, the optional indications referred to in Rule 8(3)(i).
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