Commentaries: Art. 37

Prior to the registration of the trade mark, the dossier may be inspected by:
1. the applicant and their representative;
2. persons who prove that the applicant is accusing them of infringing the applicant’s right to the filed trade mark or has warned them of such an infringement;
3. other persons with the express consent of the applicant or their representative.
The persons named in paragraph 1 may also inspect the files relating to applications for registration that have been withdrawn or rejected.
Anyone may inspect the dossier after the trade mark has been entered in the Register, provided that the publication has not been deferred.
The IPI shall make a decision regarding the inspection of separately filed official documents of evidence (Art. 36 para. 3) following consultation with the proprietor of the trade mark.
On request, the files to be inspected shall be issued in the form of copies.¹

Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4479). ↩

Art. 37