Rule 106

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1. The Office shall notify the International Bureau where, within a period of five years from the date of the international registration,
(a) the Community trade mark application on which the international registration was based has been withdrawn, is deemed to be withdrawn or has been refused by a final decision;
(b) the Community trade mark on which the international registration was based has ceased to have effect because it is surrendered, has not been renewed, has been revoked, or has been declared invalid by the Office by a final decision or, on the basis of a counterclaim in infringement proceedings, by a Community trade mark court;
(c) the Community trade mark application or the Community trade mark on which the international registration was based has been divided into two applications or registrations,


2. The notification referred to in paragraph 1 shall include:
(a) the number of the international registration;
(b) the name of the holder of the international registration;
(c) the facts and decisions affecting the basic application or registration, as well as the effective date of those facts and decisions;
(d) in the case referred to in paragraph 1(a) or (b), the request to cancel the international registration;
(e) where the act referred to in paragraph 1(a) or (b) affects the basic application or basic registration only with respect to some of the goods and services, those goods and services, or the goods and services which are not affected;
(f) in the case referred to in paragraph 1(c), the number of each Community trade mark application or registration concerned.

 

3. The Office shall notify the International Bureau where, at the end of a period of five years from the date of the international registration,
(a) an appeal is pending against a decision of an examiner to refuse the Community trade mark application on which the international registration was based pursuant to Article 38 of the Regulation;
(b) an opposition is pending against the Community trade mark application on which the international registration was based;
(c) an application for revocation or an application for declaration of invalidity is pending against the Community trade mark on which the international registration was based;
(d) mention has been made in the Register of Community Trade Marks that a counterclaim for revocation or for declaration of invalidity has been filed before a Community trade mark court against the Community trade mark on which the international registration was based, but no mention has yet been made in the Register of the decision of the Community trade mark court on the counterclaim;


4. Once the proceedings referred to in paragraph 3 have been concluded by means of a final decision or an entry in the register, the Office shall notify the International Bureau accordingly with paragraph 2.


5. Any reference in paragraphs 1 and 3 to a Community trade mark on which the international registration was based shall include a Community trade mark registration resulting from a Community trade mark application on which the international application was based.