Page images
PDF
EPUB
[graphic]

Office at Berne in relation to the mark, and the Branch Office s notify the sender of anything that affects his interests.

The Office at the Hague shall also send to the Branch Office copy of the application for registration returned from the In national Office at Berne.

7. Whenever the Office at the Hague receives notice from International Office at Berne, according to Article III of the af said Convention of Madrid, respecting the international registrat of a mark sent in to the Branch Office in accordance with Artiel of this Decree, or of a foreign mark, it shall transmit an initial copy of that notice to the Branch Office, where, reserving the p vision in Article 8, the mark to which the notice refers shall, wit| three days from its receipt, be entered in the public register ther assigned, the form of which corresponds with that sanctioned by Minister of Justice, according to Article 8 of the Law of the 34 September, 1893.

The copy received of the notice shall be initialled, and the di and the number under which it is entered in the register shall added.

If the international registered mark, according to Article 6, sent to the Branch Office for Industrial Property, that Office shi as soon as possible, give notice of the international registration the sender, and a certificate, with date annexed, of the registrati mentioned in the first paragraph of this Article.

The supplement of the " Journal” of the International Offi at Berne in which the announcement of international register marks has appeared shall be provided for the inspection of t! public at the Branch Office, and the Office at the Hague shall sen the copies required to that Office.

Notice of these supplements being supplied shall also published in the "Javasche Courant."

8. If the mark sent in according to Article 3, or the foreig mark mentioned in Article 7, is identical with or closely resemble one registered for the same description of goods in the name a another person, or which has been sent in previously by anothe person, or if it is at variance with the provision of the last paragraph but one of Article 3, the Branch Office for Industrial Property may refuse registration, notice of which it shall give in writing to the sender within three days from the receipt of the mark, or as soon as possible after the date of the receipt of the notice mentioned in Article 7 to the Office at the Hague, which shall notify the refusa! to the International Office at Berne.

The sender of the mark in accordance with Article 3, or the sender of the mark mentioned in Article 7, may apply to the Council of Justice at Batavia, either himself or through the medium

n authorized person, in a letter with his signature annexed, for rder for the registration of his mark. The sender in accordance

Article 3 shall present this request within three months, and sender of the mark mentioned in Article 7 within one year from date of the notice. 3. If the mark registered in accordance with Article 4, or the ign mark registered in accordance with Article 7, is identical 3 or closely resembles one to which another person has a right the same description of goods by Article 2, as regards the mark istered in accordance with Article 4, that person, within six nths from the date of the announcement in the “ Javasche urant " prescribed in Article 5, and as regards the foreign mark istered in accordance with Article 7 within six months after the tiee prescribed, may apply to the Council of Justice at Batavia, her himself or through the medium of an authorized person, in a ter with his signature annexed, for the registration to be set ide.

If the mark is at variance with the provision in the last parasph but one of Article 3, the Public Prosecutor may, within the ime period, require of the Council mentioned in the preceding aragraph that they shall annul the registration.

10. The Registrar shall give notice in writing, within three days, o the Branch Office for Industrial Property of every request Bentioned in Article 8 or Article 9, and of every requisition of the Public Prosecutor mentioned in Article 9.

11. The Council of Justice shall give its decision in the Council

Chamber.

The decision on a request made under Article 8 shall not be given until the petitioner has had the opportunity of defending his elaim to the registration of the mark, ard the Flead of the Branch Olice for Industrial Property of defending his refusal of the registration.

The decision on a request or requisition made under Article 9 shall not be given until the sender of the mark has been heard orduly summoned on the day fixed by the Council of Justice, which shall be notified in writing by the Registrar to the Branch Office for Industrial Property, and, if it relates to a mark registered under Article 4, shall be notified to the sender a fortnight at least beforehand by legal notice of the hearing of the request or of the requisition, and of the day appointed for the same.

If it relates to a mark registered under Article 7, the Branch Office shall give notice of the request or requisition to the Office at the Hague, and shall inform this Office as soon as possible, and three months at least beforehand, of the day for the hearing fixed by the Council of Justice.

[graphic]

The Office at the Hague shall notify as soon as possible a particulars to the International Office at Berne.

At the hearing the petitioner and, in the case provided for the second paragraph of Article 9, the Public Prosecutor ma explain, by word of mouth, the grounds of the request or of th requisition.

Before the conclusion of the hearing prescribed in this Artie! the Judge sball fix the day on which he will give his decision.

12. No appeal to a higher Court is permitted.

Within one month from the day on which the decision w announced, an appeal in cassation may be lodged. The petition that effect, if it relates to a mark sent in under Article 3 or a inark registered under Article 4, shall be duly notified to the othe party.

If the appeal is for the object of obtaining an order for t registration of a mark, the Branch Office for Industrial Proper shall be accounted as the other party.

In all other appeals in cassation, not instituted by the Bran Office for Industrial Property, the Registrar of the High Court Justice of Netherlands India shall give notice in writing, with three days, to the Branch Office.

If the appeal in cassation relates to a mark as mentioned Article 7, the Branch Office shall give notice thereof to the Offi at the Hague, wbich shall then notify it to the International Offi at Berne.

13. All persons not residing in Netherlands India, on sending marks under Article 3 or Article 6, and on presenting petitios under Article 8, Article 9, or Article 12, must choose an addre in Netherlands India.

All summonses shall be served at the address chosen.

14. The Registrar shall, within three days, give notice in writi to the Branch Office for Industrial Property of the decision of th Council of Justice.

The like notice shall be given by the Registrar of the Hig Court of Justice of the result of the appeal in cassation. The Branch Office aforesaid shall register the mark or make a note the annulling of the registration in the column assigned theret of the public register in which the mark was entered, accordin to the decision of the Council of Justice, as soon as it is in foros or of the High Court of Justice, if that Court has decided th

case.

The registration shall then be accounted as made on the day of the sending or of the receipt of the notice mentioned in Article 7.

The Branch Office shall send the notices prescribed in the

cle, so far as they relate to a mark mentioned in Article 7, to fiee at the Hague, as soon as the decision is in force. This Office shall, as soon as possible, give notice thereof to the rnational Office at Berne. 5. The Branch Office for Industrial Property shall make uncements of 1.) The refusal to register a mark in accordance with Article 7, son as the period prescribed in the second paragraph of Article 8

elapsed without a petition having been presented as there itioned, or as soon as the adverse decision on that petition is in

(2.) The nullification of registration of a mark of which the cription has already been published in the “ Javasche Courant," of which the announcement of its international registration has eady appeared in the supplement to the “ Journal” of the Interional Office at Berne ; (3.) A registration ceasing to be valid for one of the reasons entioned in Article 17, Nos. (1) or (3);

(4.) The transfer of a mark registered under Article 4, and ade note of under Article 19.

The announcements prescribed in this Article shall be published n the separate supplements of the “ Javasche Courant” mentioned a the third paragraph of Article 5.

16. The public registers mentioned in Articles 4 and 7 shall be pen for the inspection of all persons, free of charge, at the premises of the Branch Office for Industrial Property.

Any person may obtain an extract or copy at his own expense, the costs to be reckoned according to Article 7 of the tariff of law charges and salaries in civil cases for European Courts.

On payment of 50 cents, if preferred in postage stamps of Netherlands India, of the Netherlands, of Surinam, of Curaçao, or of any of the other States which are parties to the aforesaid Paris Convention, all persons may obtain written information relating to the contents of the public registers of the Branch Office for Industrial Property mentioned in Articles 4 and 7.

17. A registration ceases to be in force

(1.) By the removal of it at the request of the person in whose name it is entered, or when the transfer is annotated according to

Article 19;

(2.) On the expiration of twenty years from the day on which the registration was made according to Article 4 or Article 7, if the registration was not renewed before the expiration of that period;

(3.) By the registration ceasing to be in force, or being refused in the country of origin.

The fact of the registration ceasing to be in force for one of

[graphic]

reasons mentioned in Nos. (1) or (3), with a statement of th reasons, shall be noted in the column assigned for that purpose the public register in which the mark was entered.

18. The registration of a mark shall be renewed if the owi before the termination of the period named under No. (2) of preceding Article, has complied with the formalities prescribed its original deposit according to Article 3.

The copies deposited, mentioned in the first paragraph Article 3, shall be initialled, and the date of the renewed registrati added.

The renewed registration shall be effected by the Branch Off for Industrial Property by entering the date in the column assign, for that purpose in the public register in which the mark was entere

On the renewed registration of a mark, entered according Article 4, one of the copies mentioned in the second paragraph this Article shall be returned to the person who has a claim to it.

The fourth paragraphs of Article 4 and Article 5 are al applicable in this case.

The third and fourth paragraphs of this Article hold good regards a mark sent in for renewed registration with due observan, of the formalities of Article 6.

The renewed registration of a mark registered in accordan with Article 7 shall not be effected until the copy mentioned in the Article of the notification prescribed in Article III of the aforesai Convention of Madrid has been received from the Office at th Hague. The copy of the notification shall be initialled, and th date annexed on which the renewed registration was effected.

A certificate duly dated shall be issued to the person concerned as soon as possible, of the renewed registration in Netherland India of a new international registered mark which, in accordan: with Article 6, has been sent to the Branch Office for Industrial Property.

19. The transfer of a mark to another person, registered according to Article 4, shall not be notified unless the manufactory or place of business of the person whose wares the mark was intended to distinguish bas been transferred to such other person.

The certificate of this transfer shall be recognized in an initialled extract from the document relating to it, to be deposited at the Branch Office for Industrial Property.

The transfer shall be made note of in the margin of the regietration, so far as relates to marks registered under Article 4, at the request in writing of the parties, and so far as relates to marks registered under Article 7, after notice has been received of the transfer from the Office at the Hague.

Five florins shall be paid for costs of making note of the

« PreviousContinue »