Advanced Search

Law Approving The Treaty On The Law Of Trademarks And The Regulations, Made In Geneva On 27 October 1994 (1) (2).

Original Language Title: Loi portant assentiment au Traité sur le droit des marques et au Règlement d'exécution, faits à Genève le 27 octobre 1994 (1) (2)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

8 JUIN 2004. - Act to approve the Treaty on the Law of Marks and the Implementing Regulations, made in Geneva on 27 October 1994 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Treaty on the Law of Marks and the Implementing Regulations, held in Geneva on 27 October 1994, will come out of full effect.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 8 June 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Economy,
Ms. F. MOERMAN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2004.
Senate.
Documents. - Bill tabled on 25/2/2004, No. 3-526/1. - Text adopted by the Commission, No. 3-526/2
Annales parliamentarians. - Discussion, session of 1er April 2004. - Vote, meeting of 1er April 2004.
Room
Documents. - Project transmitted by the Senate, No. 51-998/1. - Text adopted in plenary and subject to Royal Assent, No. 51-998/2.
Annales parliamentarians. - Discussion, meeting of May 6, 2004. - Vote, meeting of 6 May 2004.
(2) Belgium deposited its instrument of ratification on 28 June 2004. Belgium is not yet bound by the treaty. Belgium and the Netherlands will be bound by the treaty three months after the deposit of the instrument of ratification of Luxembourg.

WORK ON THE LAW OF MARKS
Article 1er
Abridged expressions
For the purposes of this Treaty, and except where a different meaning is expressly indicated:
(i) "office" means the body charged by a Contracting Party with the registration of marks;
(ii) "registration" means the registration of a mark by an office;
(iii) "application" means an application for registration;
(iv) the term "person" means both a natural person and a legal person;
(v) means the person registered in the trademark register as the holder of the registration;
(vi) "brand register" means the collection of data held by an office, which includes the content of all records and all data entered in respect of all records, regardless of the medium on which such data is stored;
(vii) "Paris Convention" means the Paris Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883, as revised and amended;
(viii) "Nice classification" means the classification established by the Nice Agreement concerning the international classification of goods and services for the purposes of registration of marks, signed in Nice on 15 June 1957, as revised and amended;
(ix) means by "contracting Party" any State or intergovernmental organization party to this Treaty;
(x) the term "ratification instrument" also means instruments of acceptance and approval;
xi) means the World Intellectual Property Organization (WIPO/WIPO);
(xii) "Director General" means the Director General of the Organization;
(xiii) means by "execution rules" the rules of execution of this treaty referred to in Article 17.
Article 2
Marks to which the treaty is applicable
(1) [Nature of marks]
(a) This Treaty shall apply to marks consisting of visible signs, provided that only Contracting Parties that agree to record three-dimensional marks are required to apply this Treaty to such marks.
(b) This Treaty is not applicable to hologram marks and marks that do not consist of visible signs, in particular to sound marks and olfactory marks.
(2) [Brand Types]
(a) This Treaty applies to trademarks relating to products (product marks) or services (service marks) or both to products and services.
(b) This Treaty is not applicable to collective marks, certification marks and guarantee marks.
Article 3
Request
(1) [Indications or elements in the application or accompanying the application; tax]
(a) Any Contracting Party may require that an application contain all or part of the following particulars or elements:
(i) a request for registration;
(ii) the name and address of the applicant;
(iii) the name of a State whose applicant is a national if a State is a national, the name of a State in which the applicant has his domicile, if any, and the name of a State in which the applicant has an effective and serious industrial or commercial establishment, if any;
(iv) where the applicant is a legal entity, the legal form of that legal entity and the State, and, where appropriate, the territorial division of that State, whose legislation served as a framework for the constitution of that legal entity;
(v) where the applicant has an agent, the name and address of the agent;
(vi) where, under section 4.2(b), the domicile elected shall be elected;
(vii) where the applicant wishes to receive the priority of an earlier application, a statement claiming the priority of that earlier application, along with the indications and justifications in support of the declaration of priority that may be required in accordance with Article 4 of the Paris Convention;
(viii) where the applicant wishes to receive protection resulting from the presentation of goods or services in an exhibition, a declaration in that direction, together with indications in support of that declaration, in accordance with the provisions of the legislation of the Contracting Party;
(ix) where the Office of the Contracting Party uses characters (letters and figures) that it considers to be standard and when the applicant wishes the mark to be registered and published in these standard characters, a statement in that direction;
(x) where the applicant wishes to claim the colour as a distinctive element of the mark, a statement in this sense, as well as the name of the colour or colours claimed, and, for each colour, the indication of the main parts of the mark that have that colour;
(xi) where the mark is a three-dimensional mark, a statement stating that such is the case;
(xii) one or more reproductions of the mark;
(xiii) a transliteration of the mark or parts of the mark;
(xiv) a translation of the mark or parts of the mark;
(xv) the names of the products or services for which the registration is requested, grouped according to the classes of the Nice classification, each group of goods or services being preceded by the class number of that classification to which it belongs and being presented in the class order of that classification;
(xvi) the signature of the person referred to in paragraph 4;
(xvii) a declaration of intent to use the mark in accordance with the provisions of the legislation of the Contracting Party.
(b) The applicant may file, instead of or in addition to the declaration of intent to use the mark referred to in subparagraph (a) xvii), a statement of actual use of the mark and the corresponding evidence, in accordance with the provisions of the legislation of the Contracting Party.
(c) Any Contracting Party may require that, for the application, taxes be paid to the Office.
(2) [Presentation]
With regard to the conditions relating to the submission of the application, no Contracting Party rejects the application,
(i) where the application is submitted in writing, if it is submitted, subject to paragraph (3), on a form corresponding to the application form provided for in the Implementing Regulations,
(ii) where the Contracting Party authorizes the transmission of communications to the Office by fax and the request is so forwarded, if the paper document obtained following that transmission corresponds, subject to paragraph (3), to the application form referred to in (i).
(3) [Language]
Any Contracting Party may require that the application be written in the language or in any of the languages allowed by the Office. Where the Office admits more than one language, the applicant may be required to meet any other language requirements applicable to the Office, provided that it is not required that the application be written in more than one language.
4) [Signature]
(a) The signature referred to in paragraph (1) (a) (xvi) may be that of the applicant or that of his or her agent.
(b) Notwithstanding subparagraph (a), a Contracting Party may require that the declarations referred to in paragraph (1) (a) (xvii) and (b) be signed by the applicant even if it has a representative.
(5) [A single request for products or services of several classes]
A single and even request may relate to several products or services, which they belong to one or more classes of the Nice classification.
6) [Effective weapon]
Any Contracting Party may require that, where a declaration of intent to use the mark has been filed under paragraph (1) (a) (xvii), the applicant provide to the Office, within a time limit set out in its legislation, subject to the minimum period prescribed in the Implementing Regulations, evidence of the effective use of the mark, in accordance with the provisions of that legislation.
7) [ Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraphs (1) to (4) and (6) be met with respect to the application. In particular, the following conditions may not be prescribed until the application is pending:
(i) the delivery of a certificate or excerpt from a trade register;
(ii) the indication that the applicant carries on an industrial or commercial activity and the provision of the corresponding evidence;
(iii) the indication that the applicant carries on an activity that corresponds to the products or services listed in the application, as well as the provision of the corresponding evidence;
(iv) the provision of proof of registration of the mark in the register of marks of another Contracting Party or of a State Party to the Paris Convention that is not a Contracting Party, unless the applicant invokes Article 6quinquies of the Paris Convention.
(8) [Previous]
Any Contracting Party may require that during the examination of the application of the evidence be provided to the Office where the Office may reasonably doubt the veracity of any indication or element contained in the application.
Article 4
Mandate; election of domicile
(1) [Executive officers]
Any Contracting Party may require that any agent constituted for the purposes of a proceeding before the Office be an agent authorized to practise with the Office.
(2) [Constitution obligatoire de mandataire; election of domicile]
(a) Any Contracting Party may require that, for the purposes of a procedure before the Office, any person who has neither an effective and serious industrial or commercial establishment in its territory be represented by an agent.
(b) Any Contracting Party may, to the extent that it does not require an agent to be appointed in accordance with subparagraph (a), require that, for the purposes of a procedure before the Office, any person who has no actual and serious industrial or commercial domicile or establishment in its territory elect a domicile in that territory.
(3) [Poor]
(a) Where a Contracting Party permits or requires that a applicant, holder or other interested person be represented with the Office by an agent, it may require that a representative be made in a separate communication (hereinafter referred to as "power") bearing the name and signature of the applicant, the holder or the other person, as the case may be.
(b) The authority may apply to one or more requests, or to one or more records, as specified in the authority or, subject to any exceptions mentioned by the person who constitutes the agent, to all existing or future applications or registrations of that person.
(c) Power may limit to certain acts the right to act as an agent. Any Contracting Party may require that any power conferring on the agent the right to withdraw an application or to waive a registration expressly mention it.
(d) Where a communication is delivered to the Office by a person who is present in the said communication as an agent, but that the Office is not, at the time of receipt of the communication, in possession of the required authority, the Contracting Party may require that the power be surrendered to the Office within the time limit that it fixes, subject to the minimum period prescribed in the Implementing Regulations. Any Contracting Party may provide that, where the power has not been handed over to the Office within the time limit set by it, the communication made by that person has no effect.
(e) With regard to the conditions relating to the presentation and content of power, no Contracting Party shall refuse the effects of power,
(i) where the power is presented in writing on paper, if it is submitted, subject to paragraph 4), on a form corresponding to the form provided for in the Power Enforcement Regulations,
(ii) where the Contracting Party authorizes the transmission of communications to the Office by fax and the authority shall be so transmitted, if the paper document obtained as a result of that transmission corresponds, subject to paragraph 4, to the form referred to in point (i).
4) [Language]
Any Contracting Party may require that the power be written in the language or in any of the languages permitted by the Office.
5) [Power interference]
Any Contracting Party may require that any communication addressed to the Office by an agent for the purposes of a proceeding before the Office contain the reference to the authority under which the agent acts.
6) [ Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraphs (3) to (5) be met with respect to the elements on which these subparagraphs are covered.
7) [Teams]
Any Contracting Party may require evidence to be provided to the Office where the Office may reasonably doubt the veracity of any indication in any of the communications referred to in paragraphs (2) to (5).
Article 5
Deposit date
(1) [Conditions authorized]
(a) Subject to subparagraph (b) and paragraph (2), a Contracting Party shall assign as the date of filing of an application the date on which the Agency has received the following information and elements in the language required under Article 3.3:
(i) the explicit or implicit indication that the registration of a mark is requested;
(ii) indications to establish the identity of the applicant;
(iii) sufficient indications to enter into contact with the applicant or his prospective agent by correspondence;
(iv) a sufficiently clear reproduction of the mark whose registration is requested;
(v) a list of products or services for which registration is requested;
(vi) where Article 3.1)(a)(xvii) or (b) is applicable, the declaration referred to in Article 3.1)(a)(xvii) or the declaration and evidence referred to in Article 3.1(b), respectively, in accordance with the provisions of the legislation of the Contracting Party; if so required, these statements must be signed by the applicant even if he has an agent.
(b) Any Contracting Party may assign as the filing date of the application the date on which the Office received only, and not all, the information and elements referred to in subparagraph (a), or received them in a language other than that required under section 3.3.
(2) [Subscription allowed]
(a) A Contracting Party may provide that no filing date is assigned until the required taxes are paid.
(b) A Contracting Party may only apply the condition referred to in subparagraph (a) if it applied it at the time of becoming a party to this Treaty.
(3) [Corrections and deadlines]
The procedures to be followed in order to make corrections under paragraphs (1) and (2) and the relevant time limits are set out in the Implementing Regulations.
4) [ Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraphs (1) and (2) be met with respect to the filing date.
Article 6
A single registration for products or services of several classes
When products or services belonging to several classes of the Nice classification are listed in a single application, the application shall give rise to a single registration.
Article 7
Application and Registration Division
(1) [Request Division]
(a) Any request relating to several products or services (hereinafter referred to as "initial application") may,
(i) at least until the Board's decision on the registration of the mark,
(ii) during any opposition proceedings to the Board's decision to register the mark,
(iii) in any proceedings against the decision concerning the registration of the mark,
be divided by the applicant or at the request of the applicant in a number of applications (hereinafter referred to as "divisional requests"), the products or services of the original application being distributed among divisional applications. Divisional applications retain the date of filing of the original application and, where applicable, the benefit of the priority right.
(b) Subject to subparagraph (a), any Contracting Party is free to impose conditions for the division of an application, including the payment of taxes.
(2) [Registration Division]
Paragraph (1) applies mutatis mutandis to the division of a record. This division is authorized
(i) in any proceedings in which the validity of the registration is contested by a third party before the Office,
(ii) during any appeal proceedings against a decision taken by the Office in the above-mentioned procedure; However, a Contracting Party may exclude the possibility of splitting records if its legislation allows third parties to object to the registration of a mark before it is registered.
Article 8
Signature
(1) [Pilute communication]
When a communication to the office of a Contracting Party is made on paper and a signature is required, that Contracting Party
(i) shall, subject to item (iii), accept a handwritten signature,
ii) is free to authorize, instead of a handwritten signature, the use of other forms of signature, such as a printed signature or affixed by a stamp, or the use of a seal,
(iii) may require, where the natural person who signs the communication is a national of the said Contracting Party and has its address in the territory of that Contracting Party, that a seal be used instead of a handwritten signature,
(iv) may, in the case of use of a seal, require that the seal be accompanied by the written indication of the name of the physical person whose seal is used.
(2) [Telefax communication]
(a) Where a Contracting Party authorizes the transmission of communications to the Office by fax, it shall consider the communication to be signed if, on the facsimile printed matter, the reproduction of the signature, or the reproduction of the seal with, if required under paragraph (1) (iv), the indication in letters of the name of the natural person whose seal is used.
(b) The Contracting Party referred to in subparagraph (a) may require that the document whose reproduction has been transmitted by facsimile be deposited with the Office within a specified time limit, subject to the minimum period prescribed in the Implementing Regulations.
(3) [Electronic communication]
Where a Contracting Party authorizes the transmission of communications to the Office by electronic means, the Contracting Party shall consider a communication as signed if it permits the identification of its consignor by electronic means under the conditions prescribed by the Contracting Party.
4) [Prohibition to require certification]
No Contracting Party may require that a signature or other means of personal identification referred to in the above paragraphs be certified, recognized by a public officer, authenticated, legalized or otherwise certified, except as provided by the legislation of the Contracting Party for the case where the signature relates to the waiver of a registration.
Article 9
Classification of products or services
(1) [Product or services indication]
Each registration and publication made by an office in respect of an application or registration and indicating products or services mention these products or services by their names, grouped according to the classes of the Nice classification, each group of goods or services being preceded by the class number of that classification to which it belongs and being presented in the order of classes of that classification.
(2) [Products or services of the same class or of different classes]
(a) Products or services may not be considered to be similar on the basis that, in a registration or publication of the Office, they are in the same class of the Nice classification.
(b) Products or services may not be considered as dissimilar because, in a registration or publication of the Office, they are in different classes of the Nice classification.
Article 10
Change of name or address
1) [Change of name or address of the licensee]
(a) Where there is no change in the person of the licensee but the name or address of the licensee has changed, each Contracting Party agrees that the application for registration of the change by the Office in its trademark registry be submitted in a communication signed by the licensee or its agent and indicating the number of the registration in question and the change to be entered. With regard to the conditions relating to the submission of the request, no Contracting Party rejects the request,
(i) where the request is submitted in writing, if it is submitted, subject to subparagraph (c), on a form corresponding to the request form provided for in the Implementing Regulations,
(ii) where the Contracting Party authorizes the transmission of communications to the Office by fax and the request is so forwarded, if the paper document obtained after that transmission corresponds, subject to subparagraph (c), to the request form referred to in paragraph (i).
(b) Any Contracting Party may require that the request specify:
(i) the name and address of the licensee;
ii) if the licensee has an agent, the name and address of the agent;
(iii) if the holder has elected the domicile elected.
(c) Any Contracting Party may require that the request be written in the language or in any of the languages permitted by the Office.
(d) Any Contracting Party may require that, for the request, a tax be paid to the office.
(e) Only one request is sufficient even when the change concerns several records, provided that the numbers of all the records in question are indicated in the request.
(2) [Change of name or address of applicant]
Paragraph (1) applies mutatis mutandis where the change relates to one or more requests or both one or more requests and one or more records; However, where a request has not yet a number or its number is not known to the applicant or its agent, the request must allow to identify the request in another way in accordance with the requirements of the Implementing Regulations.
(3) [Change of name or address of the agent or change of domicile elected]
Paragraph (1) shall apply mutatis mutandis to any change in the name or address of the prospective agent and to any change in the eventual domicile elected.
4) [ Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraphs (1) to (3) be met with respect to the request referred to in this Article. In particular, it cannot be required that a change certificate be provided.
5) [Previous]
Any Contracting Party may require evidence to be provided to the Office where the Office may reasonably doubt the veracity of any indication in the request.
Article 11
Change in licensee
1) [Register holder change]
(a) In the event of a change in the person of the holder, each Contracting Party agrees that the application for the registration of the change by the Office in its trademark register is filed in a communication signed by the holder or agent, or by the person who has become the owner (hereinafter referred to as the "new owner") or his agent, and indicating the number of the registration in question and the change to be registered. With regard to the conditions relating to the submission of the request, no Contracting Party rejects the request,
(i) where the request is submitted in writing, if it is submitted, subject to paragraph (2) (a), on a form corresponding to the request form provided for in the Implementing Regulations,
(ii) where the Contracting Party authorizes the transmission of communications to the Office by fax and the request is so forwarded, if the paper document obtained following that transmission corresponds, subject to paragraph (2) (a), to the request form referred to in paragraph (i).
(b) Where the change in ownership results from a contract, any Contracting Party may require that the request be indicated and that it be accompanied, at the option of the requesting Party, of one of the following documents:
(i) a copy of the contract; the copy may be required to be certified in accordance with the original by a public officer or other competent public authority;
(ii) an extract from the contract establishing the change in ownership; it may be required that this extract be certified in accordance with the original by a public officer or other competent public authority;
(iii) a non-certified certificate of assignment, established in accordance with the requirements of the regulations for form and content and signed by the holder and the new owner;
(iv) a non-certified disposal document, prepared in accordance with the requirements of the regulations for form and content and signed by the holder and the new owner.
(c) Where the change in ownership results from a merger, a Contracting Party may require that the request indicate it and that it be accompanied by a copy of a document from the competent authority and provide proof of that merger, such as a copy of a trade register extract, and that such copy is certified in accordance with the original by the authority that established the document or by a public officer or other competent public authority.
(d) Where there is a change in the person of one or more co-owners, but not of all, and this change is the result of a contract or merger, any Contracting Party may require that each of the remaining co-owners expressly consent to the change in a document signed by it.
(e) Where the change in ownership is not a result of a contract or a merger, but of another reason, for example, the effect of the law or a judicial decision, any Contracting Party may require that the application specify it and that it be accompanied by a copy of a document providing evidence of that change and that such copy is certified in accordance with the original by the authority that has established that document or by a public officer or other officer.
(f) Any Contracting Party may require that the request specify:
(i) the name and address of the licensee;
(ii) the name and address of the new owner;
(iii) the name of a State whose new owner is a national if a State is a national, the name of a State in which the new owner has his domicile, if any, and the name of a State in which the new owner has an effective and serious industrial or commercial establishment, if any;
(iv) where the new owner is a legal entity, the legal form of that legal entity and the State, and, where appropriate, the territorial division of that State, whose legislation served as a framework for the constitution of that legal entity;
(v) where the licensee has an agent, the name and address of the agent;
(vi) if the owner has elected the domicile elected;
(vii) if the new owner has an agent, the name and address of the agent;
(viii) if the new owner is required to elect domicile under section 4.2) (b), the domicile elected.
(g) Any Contracting Party may require that, for the request, a tax be paid to the office.
(h) A single request is sufficient even when the change concerns several records, provided that the licensee and the new owner are the same for each record and that the numbers of all the records in question are indicated in the request.
(i) Where the change in ownership does not relate to all of the products or services listed in the licensee's registration, and the applicable law allows for the registration of such a change, the Office creates a separate registration that mentions the products or services on which the change in ownership is concerned.
(2) [Language; translation]
(a) Any Contracting Party may require that the request, certificate of assignment or transfer document referred to in paragraph (1) be drafted in the language or in any of the languages permitted by the Office.
(b) Any Contracting Party may require that, if the documents referred to in paragraph (1) (b) (i) and (ii), (c) and (e) are not written in the language or in any of the languages admitted by the Office, the request be accompanied by a certified translation or translation, in the language or in any of the languages admitted by the Office, of the required document.
(3) [Change of application holder]
Paragraphs (1) and (2) shall apply mutatis mutandis where the change in ownership involves one or more requests or both one or more requests and one or more records; However, where a request has not yet a number or its number is not known to the applicant or its agent, the request must allow to identify the request in another way in accordance with the requirements of the Implementing Regulations.
4) [ Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraphs (1) to (3) be met with respect to the request referred to in this Article. The following conditions may not be prescribed:
(i) subject to paragraph (1) (c), the handover of a certificate or excerpt from a trade register;
(ii) the indication that the new owner carries on an industrial or commercial activity and the provision of the corresponding evidence;
(iii) the indication that the new owner carries on an activity that corresponds to the products or services on which the change of ownership is concerned, as well as the provision of the corresponding evidence;
(iv) an indication that the licensee has surrendered, in whole or in part, to the new owner of the undertaking or the corresponding trade fund, as well as the provision of the corresponding evidence.
5) [Previous]
Any Contracting Party may require that evidence or, where paragraph (1) (c) or (e) is applicable, additional evidence be provided to the Office where the Office may reasonably doubt the veracity of any indication in the request or in any document referred to in this Article.
Article 12
Rectification of an error
1) [Rectification of a recording error]
(a) Each Contracting Party agrees that the request for rectification of an error made in the application or in another request communicated to the Office, an error that is reproduced in its trademark registry or in any publication of the Office, is presented in a communication signed by the holder or its agent and indicating the number of the record in question, the error to be corrected and the correction to be made. With regard to the conditions relating to the submission of the request, no Contracting Party rejects the request,
(i) where the request is submitted in writing, if it is submitted, subject to subparagraph (c), on a form corresponding to the request form provided for in the Implementing Regulations,
(ii) where the Contracting Party authorizes the transmission of communications to the Office by fax and the request is so forwarded, if the paper document obtained after that transmission corresponds, subject to subparagraph (c), to the request form referred to in paragraph (i).
(b) Any Contracting Party may require that the request specify:
(i) the name and address of the licensee;
ii) if the licensee has an agent, the name and address of the agent;
(iii) if the holder has elected the domicile elected.
(c) Any Contracting Party may require that the request be written in the language or in any of the languages permitted by the Office.
(d) Any Contracting Party may require that, for the request, a tax be paid to the office.
(e) Only one query is sufficient even when the correction concerns several records of which the licensee is a single person, provided that the error and correction requested is the same for each record and that the numbers of all the records in question are indicated in the query.
(2) [Rectification of an application error]
Paragraph (1) applies mutatis mutandis where the error relates to one or more requests or both one or more requests and one or more records; However, where a request has not yet a number or its number is not known to the applicant or its agent, the request must allow to identify the request in another way in accordance with the requirements of the Implementing Regulations.
3) [ Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraphs (1) and (2) be met with respect to the request referred to in this Article.
4) [Previous]
Any Contracting Party may require evidence to be provided to the Office where the Office may reasonably doubt that the error reported is indeed an error.
5) [Ereurs commis par l'office]
The office of a Contracting Party shall rectify its own errors, ex officio or upon request, without requiring a fee.
6) [Ereurs non rectifiables ]
No Contracting Party is required to apply paragraphs (1), (2) and (5) to errors that cannot be corrected under its legislation.
Article 13
Duration and renewal of registration
(1) [Indications or elements in the renewal application or accompanying it; tax]
(a) Any Contracting Party may require that the renewal of a registration be subject to the filing of a request and that that request contain all or part of the following information:
(i) the indication that a renewal is requested;
ii) the name and address of the licensee;
(iii) the registration number in question;
(iv) at the option of the Contracting Party, the date of filing of the application for which the registration in question or the date of the registration in question is made;
(v) if the licensee has an agent, the name and address of the agent;
(vi) where the owner has elected the domicile elected;
(vii) where the Contracting Party allows the renewal of a registration to be carried out only for some of the goods or services registered in the trademark register and such renewal is requested, the names of the goods or services registered in the register for which the renewal is requested or the names of the goods or services registered in the register for which the renewal is not requested, grouped according to the classes of the Nice classification, each group of goods or services being preceded by the class number
(viii) where the Contracting Party allows the application for renewal to be filed by a person other than the holder or agent and the request is filed by such person, the name and address of that person;
(ix) the signature of the holder or the signature of the agent or, where point (viii) applies, the signature of the person referred to in the matter.
(b) Any Contracting Party may require that, for the renewal application, a tax be paid to the office. Once the tax has been paid for the period corresponding to the initial duration of the registration or for the period for which it has been renewed, no other payment may be required for the maintenance in force of the registration during the period in question. Fees related to the delivery of a return or the provision of evidence relating to the use are not considered, for the purposes of this subparagraph, as payments required for the maintenance of a record, and this subparagraph does not affect these taxes.
(c) Any Contracting Party may require that the request for renewal be submitted, and that the corresponding tax referred to in subparagraph (b) be paid to the office during the period established by its legislation, subject to the minimum periods prescribed in the Implementing Regulations.
(2) [Presentation]
With regard to the conditions relating to the application for renewal, no Contracting Party rejects the request,
(i) where the request is submitted in writing, if it is submitted, subject to paragraph (3), on a form corresponding to the request form provided for in the Implementing Regulations,
(ii) where the Contracting Party authorizes the transmission of communications to the Office by fax and the request is so forwarded, if the paper document obtained after that transmission corresponds, subject to paragraph (3), to the request form referred to in paragraph (i).
(3) [Language]
Any Contracting Party may require that the request for renewal be written in the language or in any of the languages permitted by the Office.
4) [ Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraphs (1) to (3) be met with respect to a request for renewal. The following elements may not be required:
(i) a reproduction or other means to identify the mark;
(ii) the provision of evidence that the mark has been registered, or that its registration has been renewed, in the register of marks of another Contracting Party;
iii) the delivery of a statement or the provision of evidence relating to the use of the mark.
5) [Previous]
Any Contracting Party may require that in the course of the examination of the request for the renewal of evidence be provided to the Office where the Office may reasonably doubt the veracity of any indication or element contained in the request for renewal.
(6) [Prohibition of a substantive review]
The office of any Contracting Party may not, for the purpose of renewal, examine the registration on the merits.
7) [Duration]
The initial duration of the registration and the duration of each renewal are 10 years.
Article 14
Comments when a refusal is considered
An application or application filed under sections 10 to 13 may not, in whole or in part, give rise to a refusal by an office without the applicant or the applicant, as the case may be, to make representations on the proposed refusal within a reasonable period of time.
Article 15
Obligation to comply with the Paris Convention
Any Contracting Party shall comply with the provisions of the Paris Convention relating to trademarks.
Article 16
Service marks
Any Contracting Party shall record the marks of service and apply to such marks the provisions of the Paris Convention relating to trademarks.
Article 17
Implementing Regulations
(1) [Woman]
(a) The Implementing Regulations annexed to this Treaty include rules relating to
(i) matters which, under this Treaty, must be subject to "performance rules";
(ii) any relevant details for the application of the provisions of this Treaty;
(iii) under any conditions, matters or administrative procedures.
(b) The Implementing Regulations also contain standard international forms.
(2) [Divergence between the treaty and the rules of enforcement]
In the event of a discrepancy, the provisions of this Treaty shall prevail over those of the Implementing Regulations.
Article 18
Revision; Protocol
(1) [Revision]
This Treaty may be revised by a diplomatic conference.
(2) [Protocols]
For greater harmonization of trademark law, protocols may be adopted by a diplomatic conference as these protocols would not contravene the provisions of this Treaty.
Article 19
Conditions and modalities for becoming a party to the treaty
(1) [Conditions to be completed]
The following entities may sign and, subject to paragraphs (2) and (3) and 20.1) and 20.3) become parties to this Treaty:
(i) any Member State of the Organization for which trademarks may be registered with its own office;
(ii) any intergovernmental organization that manages an office to which trademarks may be registered with effect on the territory on which the constitutive treaty of the intergovernmental organization applies, in all its member States or in those of its member States that are designated for that purpose in the corresponding application, provided that all member States of the intergovernmental organization are members of the Organization;
(iii) any Member State of the Organization for which trademarks may be registered only through the office of another specified State that is a member of the Organization;
(iv) any Member State of the Organization for which trademarks may be registered only through the office managed by an intergovernmental organization of which that State is a member;
(v) any Member State of the Organization for which trademarks may be registered only through a common office to a group of States members of the Organization.
(2) [Ratification or accession]
Any entity referred to in paragraph (1) may file
(i) an instrument of ratification, if it has signed the present Treaty,
(ii) an instrument of accession, if it has not signed this Treaty.
3) [Deposit Effective Date]
(a) Subject to subparagraph (b), the effective date of the deposit of an instrument of ratification or accession is,
(i) in respect of a State referred to in paragraph (1) (i), the date on which the instrument of that State is deposited;
(ii) in respect of an intergovernmental organization, the date on which the instrument of that intergovernmental organization is deposited;
(iii) in respect of a State referred to in paragraph (1) (iii), the date on which the following condition is fulfilled: the instrument of that State has been deposited and the instrument of the other specified State has been deposited;
(iv) in respect of a State referred to in paragraph (1) (iv), the date to be considered under paragraph (ii) above;
(v) in respect of a member State of a group of States referred to in paragraph (1) (v), the date on which the instruments of all member States of the group were deposited.
(b) Any instrument of ratification or accession (named "instrument" in this subparagraph) of a State may be accompanied by a declaration under which the said instrument shall be considered deposited only if the instrument of another State or intergovernmental organization, or those of two other States, or those of another State and of an intergovernmental organization, whose names are indicated and which fulfil the conditions of such ratification or accession. The instrument containing such a declaration shall be considered to have been deposited on the day the condition specified in the declaration is fulfilled. However, where the deposit of an instrument indicated in the declaration is itself accompanied by a declaration of the same type, the instrument is considered to be deposited on the day the condition specified in the declaration is fulfilled.
(c) Any statement made under subparagraph (b) may, at any time, be withdrawn, in whole or in part. Such withdrawal shall take effect on the date on which the notification of withdrawal is received by the Director-General.
Rule 20
Effective date of ratifications and accessions
(1) [Instruments to be taken into account]
For the purposes of this Article, only instruments of ratification or accession which are deposited by the entities referred to in Article 19.1) and which have an effective date in accordance with Article 19.3) shall be taken into consideration.
(2) [In force of the treaty]
This Treaty comes into force three months after five States have deposited their instrument of ratification or accession.
(3) [Entry into force of ratifications and accessions after the entry into force of the treaty]
Any entity other than those referred to in paragraph (2) becomes bound by this Treaty three months after the date on which it deposited its instrument of ratification or accession.
Article 21
Reservations
1) [Special trademark types]
Any State or intergovernmental organization may declare by means of a reservation that, notwithstanding Article 2.1 (a) and (2) (a), the provisions of Articles 3.1) and (2), 5, 7, 11 and 13 are not applicable to associated trademarks, defensive marks or derivative marks. This reservation must specify those provisions to which it applies.
(2) [Modalities]
Any reservation made under paragraph (1) shall be included in a declaration accompanying the instrument of ratification of or accession to this Treaty deposited by the State or regional intergovernmental organization making such reservation.
(3) [Retired]
Any reservation made under paragraph (1) may be withdrawn at any time.
4) [ Prohibition of other reservations]
No other reservation than that authorized under paragraph (1) may be made with respect to this Treaty.
Article 22
Transitional provisions
(1) [A single request for products and services under several classes; division of the application]
(a) Any State or intergovernmental organization may declare that, notwithstanding section 3.5, an application may be filed with the Office only for products or services that belong to a single class of the Nice classification.
(b) Any State or intergovernmental organization may declare that, notwithstanding Article 6, where products or services belonging to several classes of the Nice classification have been included in a single application, this application results in several registrations in the trademark registry, provided that each of these records has a reference to all other records resulting from the said application.
(c) Any State or intergovernmental organization that has made a declaration under subparagraph (a) may declare that, notwithstanding section 7.1), no request may be subject to division.
(2) [A single power for multiple applications or registrations]
Any State or intergovernmental organization may declare that, notwithstanding section 4.3) (b), a power may be limited to one request or only one registration.
(3) [Prohibition to require certification of the signature of a power or signature of an application]
Any State or intergovernmental organization may declare that, notwithstanding section 8.4), it may be required that the signature of a power or that the signature of a request by the applicant be certified, recognized by a public officer, authenticated, legalized or otherwise certified.
4) [Only one request for multiple applications or registrations with respect to a change of name or address, a change of licensee or a correction of an error]
Any State or intergovernmental organization may declare that, notwithstanding Article 10.1) (e), (2) and (3), Article 11(1)(h) and (3) and Article 12.1) (e) and (2), a request for the registration of a change of name or address, a request for the registration of a change of ownership or a request for rectification of an error may be limited to one request or only one registration.
5) [Reissued or provided, upon renewal, a statement or evidence relating to use]
Any State or intergovernmental organization may declare that, notwithstanding section 13.4)(iii), it will require, at the time of renewal, the surrender of a declaration or the provision of evidence relating to the use of the mark.
6) [Review on the merits during renewal]
Any State or intergovernmental organization may declare that, notwithstanding section 13.6), the Office may, at the time of the first renewal of a service registration, consider the registration on the merits; However, this review will only be used to eliminate multiple registrations resulting from applications filed during a period of six months following the coming into force of the legislation of that State or organization that established, prior to the entry into force of this Treaty, the possibility of registering service marks.
7) [Common provisions]
(a) A State or intergovernmental organization may make a declaration under subparagraphs (1) to (6) only in the event that, at the time of deposit of its instrument of ratification or accession to this Treaty, the continued application of its legislation would, without this declaration, be contrary to the relevant provisions of this Treaty.
(b) Any declaration made under subparagraphs (1) to (6) shall accompany the instrument of ratification of or accession to this Treaty deposited by the State or intergovernmental organization making the declaration.
(c) Any statement made under subparagraphs (1) to (6) may be withdrawn at any time.
8) [Perfect of the declaration]
(a) Subject to subparagraph (c), any declaration made under subparagraphs (1) to (5) by a State considered to be a developing country in accordance with the established practice of the General Assembly of the United Nations, or by an inter-governmental organization of which each member is such State, shall lose its effect at the end of a period of eight years from the date of entry into force of this Treaty.
(b) Subject to subparagraph (c), any declaration made under subparagraphs (1) to (5) by a State other than a State referred to in subparagraph (a), or by an intergovernmental organization other than an intergovernmental organization referred to in subparagraph (a), shall lose its effect at the end of a period of six years from the date of entry into force of this Treaty.
(c) Where a declaration made under subparagraphs (1) to (5) has not been withdrawn under paragraph 7 (c), or has not lost its effect under subparagraph (a) or (b), by October 28, 2004, that declaration shall lose its effect on October 28, 2004.
(9) [Conditions and modalities for becoming a party to the treaty]
Until 31 December 1999, any State which, on the date of the adoption of this Treaty, is a member of the International Union for the Protection of Industrial Property (Union de Paris) without membership of the Organization may, notwithstanding Article 19.1) (i), become a party to this Treaty if trademarks may be registered with its own office.
Article 23
Denunciation of the treaty
(1) [Notification]
Any Contracting Party may denounce this Treaty by notification to the Director-General.
(2) [Effectiveness]
The denunciation takes effect one year after the date on which the Director General received the notification. It shall not affect the application of this Treaty to any claims pending or registered trademarks, in respect of the Contracting Party that denounces the Treaty, at the time of the expiry of that one-year period; however, the Contracting Party that denounces the Treaty may, upon the expiry of that one-year period, cease to apply this Treaty to any registration from the date on which such registration is to be renewed.
Article 24
Languages of the treaty; signature
(1) [Original text; official texts]
(a) This Treaty is signed in a single original copy in French, English, Arabic, Chinese, Spanish and Russian, all of which are equally authentic.
(b) At the request of a Contracting Party, an official text in a language, not referred to in subparagraph (a), which is an official language of that Contracting Party shall be prepared by the Director General after consultation with that Contracting Party and any other interested Contracting Party.
(2) [Leave for signature]
This Treaty remains open for signature at the Organization ' s headquarters for one year after its adoption.
Rule 25
Depositary
The Director-General is the depositary of this Treaty.

Implementing Regulation of the Treaty on the Law of Marks
Rule 1
Abridged expressions
(1) [The Treaty]; "Article"]
(a) In these Rules of Implementation, the Treaty on the Law of Marks is defined by the Treaty.
(b) In these Implementing Regulations, the word "Article" refers to the specified article of the treaty.
(2) [Abridged Expressions defined in the treaty]
The abridged expressions defined in Article 1 for the purposes of the treaty have the same meaning for the purposes of the Implementing Regulations.
Rule 2
Name and address indication
(1) [Name]
(a) When the name of a person is to be indicated, any Contracting Party may require,
(i) in the case of a natural person, the name to be indicated either the surname or the principal name and the surname or surname of that person or the name to be indicated, where that person prefers, the name or names normally used by the person;
(ii) in the case of a corporation, the name to be indicated is the full official name of that person.
(b) Where the name of an agent is to be indicated and that an agent is a law firm or an industrial property consulting firm, any Contracting Party agrees that the name of a lawyer's office or a consulting firm is usually used.
(2) [Address]
(a) Where a person's address is to be indicated, a Contracting Party may require that the address be indicated in the usual manner required for rapid mailing to the address in question and, in any case, include all relevant administrative units up to and including the house or building number, if any.
(b) When a communication addressed to the office of a Contracting Party is made on behalf of several persons with different addresses, that Contracting Party may require that the communication indicate a single address as an address for correspondence.
(c) The address indicated may contain a telephone number and facsimile number and, for correspondence, a different address from the address indicated under subparagraph (a).
(d) Subparagraphs (a) and (c) apply mutatis mutandis to the elected domicile.
3) [Characters to use]
Any Contracting Party may require that the information referred to in paragraphs (1) and (2) be given in the characters of the language of the Office.
Rule 3
Application accuracy
(1) [Standard characteristics]
Where, pursuant to Article 3.1)(a)(ix), the application contains a statement indicating that the applicant wishes the mark to be recorded and published in the standard characters used by the Office of the Contracting Party, the Office shall record and publish that mark in the said standard characters.
(2) [Number of reproductions]
(a) Where the application does not contain a declaration that the applicant wishes to claim the colour as a distinctive element of the mark, a Contracting Party may not require more
(i) five reproductions of the mark in black and white when the application cannot contain, according to the law of that Contracting Party, or contains no declaration indicating that the applicant wishes the mark to be registered and published in the standard characters used by the office of that Contracting Party;
(ii) a reproduction of the mark in black and white when the application contains a statement indicating that the applicant wishes the mark to be recorded and published in the standard characters used by the office of that Contracting Party.
(b) When the application contains a declaration that the applicant wishes to claim the colour as a distinctive element of the mark, a Contracting Party may not require more than five reproductions of the mark in black and white and five reproductions of the mark in colour.
3) [Reproduction of a three-dimensional mark]
(a) Where, in accordance with section 3)(1)(a)xi), the application contains a statement indicating that the mark is a three-dimensional mark, the reproduction of the mark shall consist of a two-dimensional graphic or photographic reproduction.
(b) The reproduction provided under subparagraph (a) may, at the discretion of the applicant, consist of a single view or several different views of the mark.
(c) Where the Office considers that the reproduction of the mark provided by the applicant under subparagraph (a) does not sufficiently disclose the details of the three-dimensional mark, it may invite the applicant to provide, within a reasonable time limit set out in the invitation, up to six different views of the mark or a verbal description of that mark, or both.
(d) Where the Office considers that the different views or description of the mark referred to in subparagraph (c) do not yet sufficiently reflect the details of the three-dimensional mark, it may invite the applicant to provide, within a reasonable time limit set out in the invitation, a specimen of the mark.
(e) Paragraph 2(a)(i) and (b) is applicable mutatis mutandis.
4) [Transliteration of the mark]
For the purposes of section 3.1) (a) (xiii), where the mark is composed, in whole or in part, of characters other than the characters used by the Office or of figures other than the figures used by the Office, a transliteration of these characters and figures in characters and figures used by the Office may be required.
5) [brand translation]
For the purposes of section 3.1)(a)(xiv), where the mark consists, in whole or in part, of one or more words of a language other than the language or that one of the languages allowed by the Office, a translation of that or those words into that language or in any of these languages may be required.
6) [For the provision of evidence establishing the effective use of the mark]
The period referred to in Article 3.6) shall not be less than six months from the date of acceptance of the application by the Office of the Contracting Party to which the application was filed. The applicant or the licensee shall be entitled to an extension of that period, subject to the conditions provided for in the legislation of that Contracting Party, for periods of at least six months each, the total duration of the extension to be at least two and a half years.
Rule 4
Precisions on the establishment of an agent
The period referred to in Article 4.3(d) shall be calculated from the date of receipt of the communication referred to in that Article by the office of the Contracting Party concerned and shall not be less than one month when the address of the person on whose behalf that communication is made is located in the territory of that Contracting Party and two months when that address is outside the territory of that Contracting Party.
Rule 5
Details of the filing date
(1) [Procedure to follow when conditions are not met]
If, at the time it is received by the Office, the application does not meet any of the applicable conditions set out in Article 5.1) (a) or (2) (a), the Office shall promptly request the applicant to fulfil this condition within a period specified in the invitation, which is at least one month from the date of the invitation when the address of the applicant is located in the territory of the Contracting Party concerned and Compliance with the invitation may be subject to the payment of a special tax. Even if the Office does not send the invitation, it is without effect on the conditions in question.
(2) [Deposit date in case of correction]
If, within the time period specified in the invitation, the applicant complies with the invitation referred to in paragraph (1) and shall pay any special fee required, the date of filing shall be the date on which the Office has received all the information and all the required elements referred to in section 5.1) (a) and to which, where applicable, the required fee referred to in section 5.2)(a) has been paid to the Office. Otherwise, the application is considered not filed.
(3) [Date of receipt]
Each Contracting Party is free to determine the circumstances under which the receipt of a document or the payment of a tax is deemed to constitute the receipt of the document by the Office or the payment of the tax to the Office in cases where the document was actually received by, or the tax was actually paid to,
(i) an agency or subsidiary office of that office,
(ii) a national office acting on behalf of the office of the Contracting Party, where the Contracting Party is an inter-governmental-tal organization referred to in 19.1) (ii),
(iii) official postal service,
(iv) a mailing undertaking, other than an official postal service, indicated by the Contracting Party.
(4) [Use of fax]
Where a Contracting Party authorizes the filing of a request by facsimile and the application is filed by fax, the date of receipt by the office of that Contracting Party of the communication by facsimile shall be the date of receipt of the request, provided that the Contracting Party may require that the original of that request be made by facsimile within a period not less than one month from the day the said office has received the communication by facsimile.
Rule 6
Signature accuracy
(1) [Corporate employees]
When a communication is signed on behalf of a legal person, a Contracting Party may require that the signature or seal of the natural person who signs or whose seal is used be accompanied by the written indication of the surname or principal name and the name or surname of that person or, where the said person prefers, of the name or names that the person normally uses.
(2) [Telefax communication]
The period referred to in 8.2) (b) is not less than one month from the date of receipt of a fax transmission.
(3) [Date]
Any Contracting Party may require that a signature or seal be accompanied by the date on which the signature or seal has been affixed. Where such an indication is required but is not provided, the date on which the signature or seal is deemed to have been affixed is the date on which the communication bearing the signature or seal has been received by the Office or, if so permitted by the Contracting Party, a date prior to that date.
Rule 7
Ways to identify a request in the absence of its number
1) [Identification methods]
Where it is required that an application be designated by its number and that it has not yet a number or that its number is not known to the applicant or agent, the indication or delivery of any of the following items is deemed to be sufficient to identify the application:
(i) the provisional number assigned, if any, by the Office, or
(ii) a copy of the application, or
(iii) a reproduction of the mark, accom-pagnée of the date on which, to the knowledge of the applicant or agent, the Office received the application and an identification number assigned to the application by the applicant or agent.
(2) [Prohibition of other conditions]
No Contracting Party may require that conditions other than those set out in paragraph (1) be met for the purpose of identifying an application where the application has not yet a number or that its number is not known to the applicant or its agent.
Rule 8
Details of duration and renewal
For the purposes of section 13.1) (c), the period during which the renewal application may be filed and the renewal fee shall be paid shall commence at least six months before the date on which the renewal is to be effected and shall terminate no later than six months after that date. If the request for renewal is filed or the renewal fees are paid after the date on which the renewal is to be made, any Contracting Party may make the renewal of the renewal to the payment of a surtax.
For the consultation of the table, see image

Treaty on the Law of Marks and the Implementing Regulations, held in Geneva on 27 October 1994
For the consultation of the table, see image