Ordinary Members

9.1 Every candidate for admission as an Ordinary Member shall (subject to Article 9.2 below):

  • (a) be a national of one of the Member States,
  • (b) have his place of business or employment in a Member State, and,
  • (c)
    • (a) before the coming into force of any law regulating the entitlement of persons to practise as Professional Representatives before the Office, be entitled to practise as a Professional Representative before the Trade Mark Registry of the Member State in which he has his place of business or employment and, unless he is so entitled by possession of a special professional qualification, have habitually so practised for at least five years; or
    • (b) after the coming into force of any such law, be entitled to practise before the Office for Harmonization in the Internal Market (Trade Marks and Designs), and such entitlement shall be deemed to exist where the existence of such entitlement is recorded in a Communication of the President of the Office concerning Professional Representation.

9.2 During the period of three years immediately following the incorporation of the Association a candidate for admission as an Ordinary Member shall be deemed without limit of time to satisfy the conditions set out in Article 9.1(c)(a) above if he is a Member of an organisation for the time being approved in Writing by the Council for the purposes of this Article in respect of the Member State in which he has his place of business or employment.

9.3 The Council shall be empowered at their discretion to admit as an Honorary Member any person who by reason of his special service to trade mark law or practice is in the opinion of the Council worthy of such honour. An Honorary Member who immediately before admission as such was an Ordinary Member shall during his honorary membership continue to have the rights of an Ordinary Member so long as he remains qualified to be admitted as an Ordinary Member.

9.4 Every application for membership shall be made to the Council upon a form to be provided by the Association, duly completed as regards all particulars therein required. The Council shall accept every application for ordinary membership satisfying the requirements of Articles 9.1, 9.2 and 9.3 above and any further requirements of the Bye-Laws Applications for membership of any class mentioned in Article 7.2(c) shall be determined in accordance with the Bye-Laws governing such class.