Article 106e - Examination of grounds for refusal

1. Where the Office finds, in the course of carrying out an examination of an international registration, that the design for which protection is sought does not correspond to the definition in Article 3, point (1), of this Regulation, that the design is contrary to public policy or to accepted principles of morality, or that the design constitutes an improper use of any of the items listed in Article 6ter of the Paris Convention, or of badges, emblems and escutcheons other than those covered by the said Article 6ter and which are of particular public interest in a Member State, it shall send to the International Bureau a notification of refusal not later than six months from the date of publication of the international registration, specifying the grounds for refusal pursuant to Article 12(2) of the Geneva Act. 

2. Where the holder of the international registration is obliged to be represented before the Office pursuant to Article 77(2), the notification referred to in paragraph 1 of this Article shall contain a reference to the obligation of the holder to appoint a representative as referred to in Article 78(1). 

3. The Office shall specify a time limit by which the holder of the international registration may renounce the international registration in respect of the Union, limit the international registration in respect of the Union to one or some of the industrial designs or submit observations, and, where appropriate, shall appoint a representative. The period shall start on the day on which the Office issues the notification of refusal. 

4. If the holder fails to appoint a representative within the period referred to in paragraph 3, the Office shall refuse the effects of the international registration. 

5. Where the holder submits observations that satisfy the Office within the specified period, the Office shall withdraw the refusal and notify the International Bureau in accordance with Article 12(4) of the Geneva Act. Where, pursuant to Article 12(2) of the Geneva Act, the holder does not submit observations that satisfy the Office within the specified period, the Office shall confirm the decision refusing protection for the international registration. That decision shall be subject to appeal in accordance with Articles 66 to 72 of Regulation (EU) 2017/1001 in conjunction with Article 55(2) of this Regulation.

6. Where the holder renounces the international registration or limits the international registration to one or some of the industrial designs in respect of the Union, the holder shall inform the International Bureau by way of the recording procedure in accordance with Article 16(1), points (iv) and (v), of the Geneva Act.