provisions of Article 2, that it has been correctly filed and that the prescribed fees have been
paid.
(2) The registration shall have effect as from the date of filing.
(3) The Organization shall send a copy of the specimen of the trade name, bearing a
notice of the registration, to the applicant.
(4) Any filing that does not conform to the provisions of Article 2 shall be rejected.
(5) Any application in respect of which the conditions of form referred to in Article 6,
with the exception of letter (b), have not been observed is irregular. The irregularity shall be
notified to the applicant or to his agent, who shall be invited to put the documents in order
within a period of three months following the date of notification. That period may be
extended by 30 days in a case of proven necessity at the request of the applicant or his agent.
An application thus put in order within the said period shall retain the date of the original
application.
(6) Where rectified documents are not produced within the period allowed, the
application for registration of the trade name shall be rejected.
(7) Rejection shall be pronounced by the Director General and notified to the applicant.
(8) No application may be rejected under paragraphs (4), (6) and (7) of this
Article without the opportunity having been given to the applicant or his agent to rectify it to
the extent and according to the procedures and forms prescribed.
(9) Within 30 days from the date of notification of the rejection, the applicant may
appeal to the High Commission of Appeal; the Commission shall be the judge and arbiter of
final instance of the application in question.
Article 9
Opposition
(1) Any interested party may oppose the registration of a trade name by sending to the
Organization, within a period of six months from the publication mentioned in Article 8(1)
above, a written statement setting out the reasons for his opposition, which reasons must be
based on an infringement either of the provisions of Articles 1, 2 and 5(1), or of a prior right
belonging to the opposing party.
(2) The Organization shall send a copy of the statement of opposition to the applicant,
who may reply, setting out his reasons, within a period of three months, renewable once only
at the reasoned request of the interested party. If his reply does not reach the Organization by
the prescribed time limit, the applicant shall be deemed to have withdrawn his application for
registration and the registration shall be cancelled.
(3) Before taking a decision on the opposition, the Organization shall, on request, hear
each or either of the parties or their agents.
(4) An appeal from the Organization’s decision on canceling the opposition shall lie to
the High Commission of Appeal within a period of 3 months from the date of receipt of notice
of the decision by the interested parties.
(5) The registration shall only be cancelled in so far as the aforementioned opposition is
valid.