Renunciation

Renunciation of an international registration always concerns all the industrial designs that are the subject of the international registration, but may relate to some or all of the designated Contracting Parties.

99 Article 16(1)(iv)Rule 21(1)(a)(iii)

A request for the recording of a renunciation should be presented to the International Bureau on official form DM/5.

Rule 21(1)(a)

Item 1:  International registration number

If, in respect of a given international registration, 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 is notified of the international registration number concerned and then make a further request.

Rule 21(2)(i)

One single form may be used to request the recording of a renunciation in respect of several international registrations of the same holder, provided that the designated Contracting Parties in respect of which the international registration is renounced are the same for each of the international registration concerned.

The request must necessarily relate to all the industrial designs covered by the international registration(s) in respect of some, or all, the designated Contracting Parties.  If the request relates to some only of the industrial designs covered by the international registration(s), form DM/3 (limitation) must be used instead.

Item 2:  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:  Appointment of a representative

The holder may also, optionally, appoint a representative, simultaneously with the filing of the request for the recording of the renunciation.  For such appointment to be effective, the request for the recording of a renunciation must be signed by the holder, or be accompanied by a power of attorney or form DM/7 duly completed, and the appropriate box in item 3 should be ticked accordingly.

Rule 3(1)(b)

Where there is no change in the representative already recorded, this item of the form should be left blank.

Item 4:  Contracting Parties

The holder must indicate whether the request for the recording of the renunciation relates to all designated Contracting Parties (in which case item 4(a) should be ticked) or to some only of the designated Contracting Parties (in which case item 4(b) should be ticked with the boxes corresponding to the Contracting Parties concerned).

Item 5:  Signature by the holder or representative

The form should be signed or have a seal affixed and the identity of the signatory should be indicated.  There is also provision for an indication of the name of the person to be contacted, if necessary.  This may prove useful if, for example, the form is submitted in the name of a legal entity.

Rule 21(1)(b)

Fee calculation sheet

A request to record a renunciation 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 renunciation 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 will be considered abandoned and any fee paid will be 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 renunciation 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)

Normally, the renunciation is recorded as of the date of the receipt of the request by the International Bureau.  It may happen, however, that a holder wishes that the date of the recording of a renunciation be linked with the recording of another change.

Rule 21(6)(b)