may only be pronounced at the request of the owner of the prior right. The invalidity may
apply either to all or to only some of the goods or services for which the mark was registered.
(3) When the decision declaring the registration invalid becomes final, it shall be
notified to the Organization.
(4) Invalidity shall be published in the form laid down in the Implementing Regulations
relating to this Annex. The registration shall be deemed invalid as of the date on which it
took place.
Article 25
Restoration
(1) Without prejudice to the provisions of Article 24 above, where the protection
conferred by a registered mark has not been renewed owing to circumstances beyond the
control of the owner of the mark, the owner or entitled persons may apply for its restoration,
against payment of the requisite renewal fee and of a surcharge the amount of which shall be
fixed by regulation, within a period of six months from the date on which the said
circumstances ceased to exist, and at the latest within a period of two years from the date on
which renewal was due.
(2) The application for restoration of the above-mentioned mark, together with
documents proving payment of the fee and surcharge mentioned in paragraph (1) above, shall
be sent to the Organization and shall contain a statement of the grounds on which the owner
or the entitled persons consider the restoration justified.
(3) The Organization shall examine the grounds referred to above and shall either
restore the mark or reject the application if it does not consider the grounds valid.
(4) Restoration shall not entail prolongation of the maximum duration of the mark.
Third parties who started to use the mark after the registration thereof expired shall have the
right to continue such use.
(5) Restored marks shall be published by the Organization in the form prescribed by the
Implementing Regulations relating to this Annex.
(6) An appeal from the rejection decision following the application for restoration shall
lie to the High Commission of Appeal within a period of 30 days following notification of the
said decision.
(7) Paragraphs (1) to (6) shall be applicable where the application for registration of the
mark has not been filed within the time limits set by international treaties.
TITLE IV
TRANSFER AND ASSIGNMENT
OF MARKS AND
CONTRACTUAL LICENSES
Article 26
Transfer of Rights
(1) The rights subsisting in a mark shall be transferable in whole or in part.
(2) Acts involving transfer of ownership, the licensing of the right of exploitation or the
assignment of that right, or a pledge or cancellation of a pledge, in respect of a mark shall, on
pain of invalidity, be evidenced in writing.