1904.02(f) Restrictions to Goods/Services
A restriction is a narrowing amendment to the goods/services in some or all pending and registered extensions of protection. Some types of restrictions also impact the listing of goods/services in the international registration. Restrictions include limitations, cancellations, and ceasings of effect. A limitation is an amendment to some or all of the goods/services in one or more extensions of protection that the holder files with the IB. The listing of goods/services in the international registration are not impacted by limitations. Article 9 bis; Common Reg. 25(1)(a)(ii). A cancellation is an amendment to some or all of the goods/services in the international registration that then affects all of the extensions of protection. A cancellation is filed by the holder with the IB. Article 9bis; Common Reg. 25(1)(a)(v). A ceasing of effect occurs when some or all of the goods/services have been removed from the basic application or registration due to a judicial action or proceeding or by voluntary action by the holder. For a period of five years from the date of the international registration, such changes to the listing of goods/services in the basic application or registration will result in a ceasing of effect of those goods/services in the international registration and all extensions of protection. The Office of origin notifies the IB of the ceasing of effect, and the IB then notifies all of the designated Contracting Parties. Article 6(3); Common Reg. 22.
See TMEP §§1904.02(f)(i) and 1906.01(e) regarding limitations, TMEP §§1904.02(f)(iii), 1904.08, and 1906.01(e) regarding cancellations, and TMEP §§1904.02(f)(iv) and 1904.15(c) regarding ceasings of effect.