Article 47 - Grounds for non-registrability

1. If the Office, in carrying out the examination pursuant to Article 45 of this Regulation, notices that the design for which protection is sought does not correspond to the definition in Article 3, point (1), of this Regulation, that it is contrary to public policy or to accepted principles of morality or, without the consent of the competent authorities to the registration having been given, that it 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 Article 6ter of that Convention and which are of particular public interest in a Member State, it shall notify the applicant that the design is non-registrable, specifying the ground for non-registrability. 

2. In the notification referred to in paragraph 1, the Office shall specify a period within which the applicant may submit observations, withdraw the application or the objected views or submit an amended representation of the design that differs only in immaterial details from the representation as originally filed. 

3. Where the applicant fails to overcome the grounds for non-registrability, the Office shall refuse the application. If those grounds concern only some of the designs contained in a multiple application, the Office shall refuse the application only in so far as those designs are concerned.