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[F11. In proceedings before the Office, any service of documents to be made by the Office on a party to proceedings shall take the form of a digital document, an uncertified copy, a print-out or the original document. Documents emanating from other parties to proceedings may be served in the form of uncertified copies.]
2.If a procedural representative has been appointed by one or more parties to proceedings, service shall be made on him in accordance with the provisions of paragraph 1.
[F13. Service shall be made by one or more of the following means:
(a) by electronic means or any other technical means in accordance with Article 64a;
(b) by post in accordance with Article 65;
(c) by delivery by hand in accordance with Article 66;
(d) by public notice in accordance with Article 67.
4. Documents or copies thereof containing actions for which service is provided for in Article 79 of the basic Regulation shall be served by electronic means to be determined by the President of the Office or by postal means by recorded delivery with advice of delivery served.]
Textual Amendments
1. Service by electronic means shall be made by transmitting a digital copy of the document to be notified. Service shall be deemed to have taken place on the date on which the communication was received by the recipient. The President of the Office shall determine the details of service by electronic means.
2. Where service is made by electronic means, a party to proceedings, including his procedural representative, shall provide an electronic address to the Office for all official communication.
3. The President of the Office shall determine the details of service by other technical means of communication.]
Textual Amendments
1.Service on addressees not having their domicile or their seat or establishment within the Community and who have not appointed a procedural representative in accordance with Article 82 of the basic Regulation shall be effected by posting the documents to be served by ordinary letter to the addressee’s last address known to the Office. Service shall be deemed to have been effected by posting even if the letter is returned as undeliverable.
2.Where service is effected by registered letter, whether or not with advice of delivery, this shall be deemed to have been delivered to the addressee on the tenth day following its posting, unless the letter has failed to reach the addressee or has reached him on a later day; in the event of any dispute, it shall be for the Office to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee, as the case may be.
3.Service by registered letter, whether or not with advice of delivery, shall be deemed to have been effected even if the addressee refuses to accept the letter or to acknowledge receipt thereof.
4.Where service by post is not covered by paragraphs 1, 2 and 3, the law of the State on the territory of which the service is made shall apply.
On the premises of the Office, service of a document may be effected by delivery by hand to the addressee, who shall on delivery acknowledge its receipt. Service shall be deemed to have taken place even if the addressee refuses to accept the document or to acknowledge receipt thereof.
1. Where a procedural representative has been appointed, or where the applicant first named in a joint application pursuant to Article 73(5) is considered to be the procedural representative, notifications shall be addressed to the procedural representative.
2. Where several procedural representatives have been appointed for a single party, notification to any one of those representatives shall be sufficient, unless a specific address for service has been indicated.
3. Where several parties have appointed a common procedural representative, notification of the relevant documents to that representative shall be sufficient.]
Textual Amendments
If the address of the addressee cannot be established, or if service in accordance with Article 64(4) has proved to be impossible even after a second attempt by the Office, service shall be effected by public notice, to be issued in the periodical publication referred to in Article 89 of the basic Regulation. [F1The President of the Office shall determine details as to the issue of a public notice and shall determine the period within which the relevant document shall be deemed to have been notified.]
Textual Amendments
If the Office is unable to prove that a document which has reached the addressee has been duly served, or if provisions relating to its service have not been observed, the document shall be deemed to have been served on the date established by the Office as the date of receipt.