Renunciation
Renunciation of an international registration always concerns all the designs that are the subject of the international registration, but may relate to some or all of the designated Contracting Parties. If the request relates to some only of the designs covered by the international registration, form DM/3 (limitation) must be used.
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.
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/she is notified of the international registration number concerned and then make a further request.
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 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 designs covered by the international registration(s), form DM/3 (limitation) must be used instead.
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”.
Item 3: Contracting Parties
The holder must indicate whether the request for the recording of the renunciation relates to all designated Contracting Parties or to only some of the designated Contracting Parties in which case the boxes corresponding to the Contracting Parties concerned should be ticked.
Item 4: Signature
The form should be signed and the identity of the signatory should be indicated.
Payment of fees
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)(a)(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.
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. The International Bureau publishes in the Bulletin the relevant data concerning the renunciation.
99 Article 16(4); Rule 21(6); Rule 26(1)(iv)
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.