Limitation

A request for the recording of a limitation should be presented to the International Bureau on official form DM/3. It may be used only to request the recording of a limitation for a single international registration.

99 Article 16(1)(v); Rule 21(1)(a)(iv)

A limitation enables the holder to delete some of the designs from the international registration. Thus, it must concern only some of the designs, but may relate to some or all of the designated Contracting Parties. If the request concerns all designs covered by the international registration(s), form DM/5 (renunciation) must be used.

Item 1: International registration number

A request must relate to a single international registration. If the number is not known (because the international registration has not yet been effected or notified to the holder), no other number should be given. The holder should wait until he/she is notified of the international registration number concerned and then make a further request.

Rule 21(2)(i)

Item 2: Name of the holder

The name of the holder, as recorded in the International Register, must be indicated in the same manner as that described in “Applicant”.

Rule 21(2)(ii)

Item 3: Designs

Each design affected by the limitation (that is, for which protection is no longer sought) must be specified by indicating its number.

Item 4: Contracting Parties

The holder must indicate whether the request for the recording of the limitation relates to all the designated Contracting Parties or only to some of the designated Contracting Parties (in which case the boxes corresponding to those Contracting Parties concerned must be ticked).

Item 5: Signature 

The form should be signed and the identity of the signatory should be indicated.  

Rule 21(1)(b)

Payment of fees

A request to record a limitation is subject to the payment of the fee specified in the Schedule of Fees (refer to “Payment of fees to the International Bureau”).

99 Article 16(3); Rule 21(2)(vi)

Irregular requests

If a request to record a limitation does not comply with any of the applicable requirements, the International Bureau notifies that fact to the holder. The irregularity may be remedied within three months from the date of the notification. If this is not done, the request is considered abandoned and any fee paid is reimbursed to the party that paid it, after deduction of an amount corresponding to one half of the relevant fee.

Rule 21(4) and (5)

Recording, notification and publication

Provided that the request is in order, the International Bureau promptly records the limitation in the International Register and informs the holder. The change is recorded as of the date of receipt by the International Bureau of the request complying with the applicable requirements.

99 Article 16(4); Rule 21(6)