Key Benefits:
LAW 1455
(June 29)
Official Journal No. 48.116 of 30 June 2011
CONGRESS OF THE REPUBLIC
By means of which the "Protocol concerning the Madrid Agreement concerning the International Registration of Marks", adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 1989, is hereby approved. 2007.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the Protocol on the Madrid Agreement concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 2007.
(To be transcribed: photocopy of the full text of the above International Instruments is attached).
SENATE BILL NUMBER 61 OF 2010 SENATE
by means of which the "Protocol concerning the Madrid Agreement concerning the International Registration of Marks" is adopted, adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 1989 of 2007.
The Congress of the Republic
Having regard to the text of the Protocol on the Madrid Agreement concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 2007.
(To be transcribed: Full and faithful photocopy of the text of the Spanish text of the Protocol concerning the Madrid Agreement concerning the International Registration of Marks, taken from the website of the World Property Organization Intellectual, which consists of nineteen (19 folios).
REASON EXPOSURE
Honorable Senators and Representatives:
On behalf of the National Government and in accordance with articles 150 numeral 16, 189 numeral 2 and 224 of the Political Constitution, we present to the honorable Congress of the Republic the bill " by means of which the Protocol concerning the arrangement of Madrid is approved on the international registration of trade marks adopted in Madrid on 27 June 1989, as amended on 3 October 1989 2006 and 12 November 2007 ' for the reasons set out below:
Introduction
Brands play an important role in the organization of markets. On the one hand, they allow entrepreneurs to differentiate their products and services from those of their competitors, thereby ensuring that the prestige attributed to their products or services is protected, and only the owner can use legitimately its own brands. Brands fulfill an information function, since in the minds of consumers, they are associated with the products or services they identify. That is to say, the consumer when he sees the sign transforms it into information concerning the products or services to which it applies, for example, the quality, safety, efficiency, as well as the values of the entrepreneur behind the manufacture, distribution or delivery of the same.
On the other hand, brands are the tool used by consumers not to be confused since, through them, it differentiates and identifies what you want to buy from what you do not, avoiding being deceived. In other words, the proper functioning of the trademark system is not only in the interests of rightholders but also of the interest of the entities responsible for the proper functioning of the markets.
The protection of trademarks in Colombia is achieved through its registration with the Superintendence of Industry and Commerce-SIC, as established in Article 154 of Decision 486 of the Commission of the Andean Community, as follows: "The right to the exclusive use of a trademark shall be acquired by registration of the mark with the respective competent national office." Statistics show an important number of trademark applications in Colombia, which also increases every day. In 2008, a total of 23,461 applications were submitted, of which 13,898 were for national applicants (or residents in Colombia) and 9,563 for applications filed by foreigners. In percentage terms, national brands today represent about 60% of total applications. Charts 1 and 2 of trademark applications in Colombia are listed in the Annex.
El Tiempo] However, bearing in mind that today, both large and medium-sized and small businesses have greater international activity, protection outside Colombia is of great interest to Colombian businessmen. In 2006, Colombian businessmen deposited more than 1,200 trademark applications in other countries. Also, in view of the importance of the Colombian market for a significant number of foreign businessmen, the protection of them in the country is a priority of these companies.
The system that currently exists in Colombia is based on the registration of country by country marks (a system enshrined in the Paris Convention of 1883, a treaty administered by the World Intellectual Property Organization, WIPO, and of which Colombia has been a member since 1996). This traditional system, very soon, knew its own limits, particularly because of the difficulties that it represents for an entrepreneur to have to present multiple applications in different languages, the payment of rates in different currencies, the handling of different legal procedures, among others, so that the Madrid Agreement (Treaty of 1891, administered by WIPO), opened the doors from the end of the 19th century to an international registration mechanism of trademarks.
The Madrid system, made up of the Madrid Agreement and the Protocol concerning the Madrid Agreement concerning the International Registration of Marks, has been consolidated as an appropriate mechanism for the international protection of trademarks. One and the other treaty have a similar structure and a common purpose: to facilitate the protection of the brands of products and services at the international level through a simple and economical registration system. Both are governed by a common regulation[1] and a set of administrative instructions and can be used by natural persons and legal entities having an industrial or commercial establishment or their domicile in a country that is party to the Madrid Agreement or Protocol or which are nationals of one of those countries.
At the end of 2007, the system had 483,210 international registrations, which translated into 5.4 million current designations. One of the reasons for this significant increase, as we will see later, is a major cost reduction. In more than 50% of the cases of international registrations carried out in 2007, the payment of fees was less than 3,000 Swiss francs (approximately USD 3,200)[2]. Another important fact is that almost 80% of the international registrations, the headlines are companies or people that have one or two trademarks, while the big companies, with portfolios of more than 100 brands is 0.19%[3].
The Madrid Protocol.
The Protocol concerning the Madrid Agreement concerning the International Registration of Marks (hereinafter referred to as the 'Madrid Protocol') is an international treaty which provides for a procedure for nationals of Member States protect their brands of products and services in export markets. The Madrid Protocol was adopted in 1989 and entered into force on 1 December 1995 and was amended on 3 October 2006 and subsequently on 12 November 2007. Both treaties are administered by WIPO, which is headquartered in Geneva.
Specific features of the Madrid Protocol
The Madrid Protocol has introduced a number of new elements in the international trademark registration system, originally created on the basis of the Madrid Agreement. The purpose of these elements is to encourage the accession of new States and certain intergovernmental organizations which have set up their own regional trade mark system, such as the European Community.
The particular features of the Madrid Protocol include the following:
-As far as fees are concerned, the Protocol provides for the Contracting Parties to set themselves the amount of the fees ("individual fees") that they wish to receive for each designation of which they are subject in an application or registration. international, provided that this amount is not higher than the corresponding national rates;
-With regard to the time limits for refusal, the Protocol provides for the possibility for the Contracting Parties to replace the general deadline of 12 months for the notification or refusal of protection, for a period of 18 months or, where the refusal is based on an opposition, for an even longer period.
The geographical scope of the Madrid Protocol has been increasing rapidly since its entry into force (December 1995). By 31 May 2010, 82 States and an intergovernmental organization have already acceded to that Treaty. In this respect, it should be mentioned that the Protocol entered into force with respect to the European Community, on 1 October 2004. Table 5 of the main user contracting parties and the list of the members of the Madrid Union are set out in the Annex.
Benefits of Accession to the Madrid Protocol
Accession to the Madrid Protocol offers several advantages to trademark holders, the country's economy and the government of the member countries.
Advantages for trademark record holders
-To register a brand abroad, companies have to submit applications in each of the countries and regional offices in which they wish to obtain protection, and this implies a different procedure in each Office and the use of different languages, which entails translation costs. It also involves the payment of registration fees in different currencies, which leads to charges attributable to the exchange rate. Finally, in most of these countries, an agent or agent is supposed to have recourse, which means a considerable increase in costs.
-Once your brand is registered abroad, exporting companies must ensure that they keep such records in place in their export markets. In any renewal and any change in ownership, the name or address must be made in each country in which the owner has registered the trademark. This also entails different formalities in each country, with the consequent costs for fees, translation and representation.
-Companies that are most affected by the considerable costs of registering and maintaining their brands in other countries are small and medium-sized enterprises. It is clear that a large company can afford to devote considerable funds to protect its brands abroad, whereas, given the high processing costs, it will hardly be within the reach of a small or medium-sized enterprise the registration of its brands in other countries.
-With the accession to the Madrid Protocol, companies have the possibility to obtain protection for their brands and maintain such protection in an increasing number of countries and through a simple and economic process. It is sufficient to submit, through the national office of industrial property, a single (international) application in a language, in which the countries in which protection is desired are designated, and pay a single set of fees in a single currency (Swiss franc). It is thus avoided having to submit separate applications in each country in which protection is to be obtained. The obligation to have to pay fees in different currencies and to carry out the renewal of different national registers is also avoided. In addition, any subsequent changes in connection with the registration of the trademark (e.g. a change in ownership or address) may be entered in the International Register by means of a single and simple procedure.
-In the current economic context, the possibility of obtaining simple and economically effective protection for brands is an obvious advantage for companies, while a factor that favors exports.
Benefits for the National Economy and Government
-It should also be deduced that the accession to the Madrid Protocol will benefit the national economy in general and the budget of the State in particular.
-Accession to the Madrid Protocol is a factor that favors exports, in so far as it simplifies the protection of Colombian brands abroad. Furthermore, it is a means for companies from other Contracting Parties of the Madrid Protocol to obtain more easily protection for their trade marks in the country concerned, given that the only thing they have to do is to designate the country concerned in the your international application. This will contribute to an even more favourable climate for investments from abroad.
-As far as the benefits that can be assumed for the State budget are concerned, the accession to the Protocol contributes to generating income because, for each designation made in an application or an international registration, the country receives:
-A share of the total corresponding to the fee supplements collected by WIPO (the amount of such add-ons is 100 Swiss francs) plus a share in the total corresponding to the additional fees received by the each class of products or services from the third class;
-The amount of an individual fee, in the event that the country has made a statement in which it is pronounced for that option for the purposes of fixing the amount of fees it will apply each time it is designated in an international application, the condition that this amount does not exceed the corresponding national rate.
-Thanks to the statistics, it is known that the accession of a country to the Madrid system translates into a gradual increase in the number of brands whose protection is requested in the country (and that results from the sum of the applications received by the national and the designations received by the international route). This is explained by the fact that, for the owner of a brand, it is relatively easy and economical to designate a country in its international application.
-As regards the volume of work for the National Trade Mark Office, accession to the Protocol does not entail an overwhelming number of new applications, rather a gradual increase in registration activities. In addition, and although the Office is required to carry out, in respect of applications for registration of marks submitted under the Protocol, the usual substantive examination, it does not have to undertake to carry out the examination of form or to publish the mark, if so estimate the National Competent Office, given that the International Bureau is responsible for these procedures.
Consequences of adhesion
Accession to the Protocol generates, among others, the following consequences:
-Any State party to the Paris Convention for the Protection of Industrial Property may be party to the Madrid Protocol without incurring any additional financial contribution.
-The Madrid Protocol enters into force three months after the date of deposit of the instrument of accession.
-Any Contracting Party to the Madrid Protocol is a member of the Assembly of the Madrid Union of Madrid4] who, among the most important functions of its office, has the right to approve the amendments to the Common Rules of Procedure and of the Madrid Protocol governing the procedures for the application of the latter.
-The primary obligation of a country to join the Madrid Protocol is to ensure that Article 4.1 of the instrument takes effect. Under that provision, any mark entered in the International Register and in respect of which a country has been designated shall be protected in that country from the date on which the registration has been made in the Register International, in the same way as if that mark had been the subject of a direct application to the National Trademark Office. However, the Office has full powers to carry out a substantive examination of the trade mark and, in accordance with the time limit laid down in the Protocol, refuse to protect the trade mark (in whole or in part). If the Office does not notify any refusal within the applicable time limit, the mark shall be deemed to be protected in the same way as if it had been registered directly with the Office.
Other considerations for adherence to the Madrid Agreement Protocol and its analysis
Among the considerations that were taken into account to propose accession to the Madrid Protocol are:
First: The Colombian business class through the National Council has applied for membership of the Madrid Agreement Protocol, considering the convenience it represents for the country[5].
Second: An important percentage of countries in this treaty are in developing countries[6]. Some of these countries have made intensive use of the system, among others, out of a total of 39,945 applications for international registration of marks filed in 2007, China was the Office of Origin of 1,444, and Turkey of 717 (having given origin, in the case of Turkey, to more than 10,000 designations of Contracting Parties, equivalent to applications for marks deposited directly with the competent offices). Some countries show an important increase in their use. For example, the Republic of Korea increased by 73% the number of applications compared to 2006 (from 190 to 330 applications), Singapore and Morocco were the source offices of 146 and 93 applications respectively[7].
Third: However, the procedure provides that the work of publishing international registrations is entrusted by the Treaty to the International Bureau, which publishes the WIPO Gazette of International Marks, with an average frequency of 4 times per month in free access on the Internet site: http://www.wipo.int/madrid/es/gazette/, the Treaty allows the publication of a notice concerning the international registration in the advertising body that is use for national procedures, in accordance with the internal legislation of each Member State. That is to say, in the Industrial Property Gazette of the SIC, that notice may be published or even the complete information that appears in the publication of the WIPO Gazette of International Marks.
In addition, WIPO will forward its WIPO Gazette of International Marks, which will be available for consultation at SIC facilities. The aforementioned Gazette is also available for free public consultation via the Internet.
Fourth: The Protocol does not supersede the internal rules of trade marks, nor the International Bureau of the Office of the National Trademark Office, simply create an international registration option in favor of trademark holders.
Fifth: With the entry into force of the Protocol, the SIC maintains all the powers of Law, including the power to refuse a mark for presenting one of the causes of the Andean Decision 486 (Article 5 of the Protocol).
Therefore, the only powers that are given, are those relating to the formalities of an international registration, which will be those established in the Protocol (those that do not apply for national trademark applications), thus achieving a Major progress in the harmonisation of formal aspects. For this reason, once that mark is registered by the International Bureau (which studies the fulfillment of these formalities), it is recognized that it has the same effects of a "trademark application" in the national territory.
Sixth: The Madrid Protocol on the International Registration of Marks is compatible with the Andean regulations governing the procedure for registering national trademarks in Andean countries.
Conclusions
The Madrid Protocol has the virtue of opening a new route of opportunity for individuals or companies (nationals, residents with commercial or industrial or foreign establishments) in Colombia to protect their brands abroad. (Figures 1 and 2 of the Annex). Statistics from Turkey (Graph No. 6 and 7 in the Annex) show a significant increase in applications for registration of Turkish origin abroad from the time of Turkey's accession to the Protocol: of 1,216 applications in 1998. To 13,014 in 2007, of which 11,522, or approximately 88%, are designations made through the Madrid system.
Consequently, the Protocol, while not eliminating the traditional system of registration, implies a more economical and simple route for companies to protect their brands in Colombia and abroad, improving their competitiveness in the global market and preserving the welfare of consumers.
Additionally, it makes it possible to make the entity in charge of trademark registration in Colombia more efficient, since, although there is an important increase in this registration, this is progressive and is accompanied by two elements: higher revenues for the (i) administration by way of fees and a rationalisation of the work of the Intellectual Property Office. This is because it will not have to deal with the issue of the formalities of the applications filed in other offices of origin, which will allow it to focus, in which Colombia is designated, in the topics of its greatest interest; among others, The publication of the international registration to guarantee the proper defense of third parties by way of the oppositions, to accept or deny in Colombia the international registration, to define the resources that are interposed, etc.
For the reasons set out above, the Ministers of Foreign Affairs and Trade, Industry and Tourism respectfully request the Congress of the Republic to approve the bill " by means of which the Protocol concerning the Madrid Agreement concerning the international registration of trade marks, adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and on 12 November 2007. '
Of the honorable Senators and Representatives,
The Foreign Minister,
JAIME BERMUDEZ MERIZALDE.
The Minister of Commerce, Industry and Tourism,
LUIS GUILLERMO SILVER PAEZ.
ATTACHMENTS.
GRAPHIC 1
Total number of trademark applications filed in Colombia 1992-2008
| Anor | Requested | Nationals | Extransers |
| 1992 | 12.086 | 6.302 | 5,784 |
| 1993 | 14.198 | 8.192 | 6.006 |
| 1994 | 15.105 | 8,213 | 6,892 |
| 1995 | 14.156 | 6,761 | 7,395 |
| 1996 | 14,731 | 6,740 | 7,991 |
| 1997 | 15,668 | 7.081 | 8.587 |
| 1998 | 14,412 | 6.432 | 7,980 |
| 1999 | 13,821 | 5,896 | 7,925 |
| 2000 | 16,610 | 6,965 | 9,645 |
| 2001 | 16.001 | 7,854 | 8,147 |
| 2002 | 15.296 | 8.180 | 7.116 |
| 2003 | 16.365 | 8,880 | 7.485 |
| 2004 | 16.930 | 10.679 | 6.251 |
| 2005 | 19,937 | 11.877 | 8.060 |
| 2006 | 21.669 | 13.269 | 8,400 |
| 2007 | 24.006 | 14.114 | 9.892 |
| 2008 | 23.461 | 13,898 | 9.563 |
GRAPHIC 2
Percentage of total number of applications filed in Colombia 1992-2008
REFER TO GRAPHIC IN THE ORIGINAL PRINTED OR PDF FORMAT.
GRAPHIC 3
Fees paid by international registration (2007)
REFER TO GRAPHIC IN THE ORIGINAL PRINTED OR PDF FORMAT.
CHF = Swiss Francs.
RI= International Registration.
GRAPHIC 4
Marks in effect in the International Register at December 31, 2007
REFER TO GRAPHIC IN THE ORIGINAL PRINTED OR PDF FORMAT.
| Current Records | , by Record | Number of Rights Holders | ||
| 1-2 Marks | 153.033 | 31.67% | ||
| 3-10 Marks | 123.122 | 25.48% | ||
| 11-100 Marks | 129.839 | 26.87% | ||
| 101-500 Marks | 51.559 | 10.67% | ||
| > 500 Marks | 25,610 | 5.30% | ||
| 483.210 | 99.99% | |||
| 1-2 Marks | 127118 | 79.74% | ||
| 3-10 Marks | 26604 | 16.69% | ||
| 11-100 Marks | 5395 | 3.38% | ||
| 101-500 Marks | 279 | 0.18% | ||
| > 500 Marks | 24 | 0.02% | ||
| 159.420 | 100.00% | |||
GRAPHIC 5
Top User Contracting Parties
Number of Requests Submitted by Contracting Party
Percentage of the total number of applications filed in 2007 and growth rates from 2006.
| Contracting | 2003 | 2005 | 2006 | 2007 | ||||||
| 1. | Germany (DE) | 5,559 | 5,395 | 5,803 | 5,663 | 6,090 | 15.2% | 7.5% | ||
| 2. | France (FR) | 3.331 | 3,518 | 3.497 | 3,705 | 3,930 | 9.8% | 6,1% | ||
| 3. | United States of America (US) | 139 | 1,737 | 2,849 | 3.148 | 3,741 | 9.4% | 18.8% | ||
| 4. | European Community (EM) | 354 | 1,852 | 2,445 | 3.371 | 8.4% | 37.9% | |||
| 5. | Italy (IT) | 1,915 | 2,499 | 2.340 | 2,958 | 2,664 | 6.7% | -9.9% | ||
| . | Switzerland (CH) | 2.189 | 2.133 | 2.235 | 2.468 | 2,657 | 6.7% | 7.7% | ||
| 7. | Benelux (BX) | 2.189 | 2.482 | 2,426 | 2,639 | 2,510 | 6.3% | -4.9% | ||
| 8. | China (CN) | 472 | 1,015 | 1,334 | 1,328 | 1,444 | 3.6% | 8.7% | ||
| 9. | United Kingdom (GB) | 674 | 917 | 1.016 | 1.054 | 1.178 | 2.9% | 11.8% | ||
| 10. | Australia (AU) | 340 | 683 | 852 | 1,100 | 1.169 | 2.9% | 6,3% | ||
| 11. | Austria (AT) | 861 | 1.181 | 1.191 | 1.117 | 1.134 | 2.8% | 1.5% | ||
| 12. | Japan (JP) | 394 | 692 | 893 | 847 | 984 | 2.5% | 16,2% | ||
| 13. | Russian Federation (RU) | 502 | 575 | 604 | 622 | 889 | 2.2% | 42.9% | ||
| 14. | Spain (ES) | 980 | 866 | 854 | 994 | 859 | 2.2% | -13.6% | ||
| 15. | Turkey (TR) | 442 | 593 | 787 | 733 | 717 | 1.8% | -2.2% | ||
| 16. | Denmark (DK) | 374 | 441 | 510 | 479 | 573 | 1.4% | 19.6% | ||
| 17. | Czech Republic (CZ) | 493 | 615 | 547 | 559 | 541 | 1.4% | -3,2% | ||
| 18. | Sweden (SE) | 377 | 462 | 409 | 400 | 478 | 1.2% | 19.5% | ||
| 19. | Hungary (HU) | 156 | 231 | 152 | 217 | 438 | 1.1% | 101.8% | ||
| 20. | Bulgaria (BG) | 183 | 334 | 391 | 426 | 431 | 1.1% | 1.2% | ||
| 21. | Norway (NO) | 168 | 218 | 235 | 312 | 403 | 1.0% | 29,2% | ||
| 22. | Portugal (PT) | 158 | 175 | 263 | 276 | 355 | 0.9% | 28.6% | ||
| 23. | Republic of Korea (KR) | 68 | 127 | 148 | 190 | 330 | 0.8% | 73.7% | ||
| 24. | Poland (PL) | 314 | 344 | 334 | 339 | 294 | 0.7% | -13,3% | ||
| 25. | Finland (FI) | 228 | 198 | 208 | 239 | 278 | 0.7% | 16.3% | ||
| 26. | Serbia (RS) | 97 | 86 | 107 | 157 | 275 | 0.7% | 75,2% | ||
| 27. | Ukraine (UA) | 52 | 78 | 105 | 133 | 195 | 0.5% | 46.6% | ||
| 28. | Slovakia (SK) | 195 | 249 | 215 | 241 | 190 | 0.5% | -21.2% | ||
| 29. | Croatia (HR) | 117 | 135 | 79 | 150 | 185 | 0.5% | 23,3% | ||
| 30. | Slovenia (SI) | 122 | 201 | 180 | 177 | 182 | 0.5% | 2.8% | ||
| 31. | Liechtenstein (LI) | 90 | 89 | 96 | 129 | 148 | 0.4% | 14.7% | ||
| 32. | Singapore (SG) | 74 | 93 | 138 | 161 | 146 | 0.4% | -9,3% | ||
| 33. | Latvia (LV) | 67 | 109 | 81 | 103 | 115 | 0.3% | 11.7% | ||
| 34. | Iceland (IS) | 7 | 33 | 39 | 92 | 110 | 0.3% | 19.6% | ||
| 35. | Romania (RO) | 42 | 58 | 101 | 97 | 103 | 0.3% | 6,2% | ||
| 36. | Estonia (EE) | 72 | 75 | 72 | 96 | 101 | 0.3% | 5,2% | ||
| 37. | Morocco (MA) | 48 | 57 | 66 | 119 | 93 | 0.2% | -21.8% | ||
| 38. | Monaco (MC) | 44 | 45 | 43 | 49 | 89 | 0.2% | 81,6% | ||
| 39. | Greece (GR) | 44 | 49 | 65 | 81 | 80 | 0.2% | -1.2% | ||
| 40. | Lithuania (LT) | 80 | 63 | 101 | 84 | 78 | 0.2% | -7,1% | ||
| Other Countries | 222 | 268 | 359 | 344 | 397 | 1.0% | 15.4% | |||
| Total | 23,879 | 29,472 | 33,577 | 36.471 | 39,945 | 100% | 9.5% | |||
Contracting Parties to May 31, 2010
| Contracting Party | Situation | DATE | |
| Albania | In Vigor | July 30, 2003 | |
| Germany | In Vigor | March 20, 1996 | |
| Antigua and Barbuda | In Vigor | March 17, 2000 | |
| Armenia | In Vigor | October 19, 2000 | |
| Australia | In Vigor | July 11, 2001 | |
| Austria | In Vigor | April 13, 1999 | |
| Azerbaijan | In Vigor | April 15, 2007 | |
| Bahrain | In Vigor | December 15, 2005 | |
| Belarus | In Vigor | January 18, 2002 | |
| Belgium | In Vigor | 1or April 1998 | |
| In Vigor | August 4, 2000 | ||
| Bosnia and Herzegovina | In Vigor | January 27, 2009 | |
| Botswana | In Vigor | December 5, 2006 | |
| Bulgaria | In Vigor | October 2, 2001 | |
| China | In Vigor | 1or December 1995 | |
| Cyprus | In Vigor | November 4, 2003 | |
| Croatia | In Vigor | January 23, 2004 | |
| Cuba | In Vigor | December 26, 1995 | |
| Denmark | In Vigor | February 13, 1996 | |
| Egypt | In Vigor | September 3, 2009 | |
| Slovakia | In Vigor | September 13, 1997 | |
| Slovenia | In Vigor | March 12, 1998 | |
| Spain | In Vigor | 1or December 1995 | |
| States of America | In Vigor | November 2, 2003 | |
| Estonia | In Vigor | November 18, 1998 | |
| Russian Federation | In Vigor | June 10, 1997 | |
| Finland | In Vigor | 1st April 1996 | |
| France | In Vigor | November 7, 1997 | |
| Georgia | In Vigor | August 20, 1998 | |
| Ghana | In Vigor | September 16, 2008 | |
| Greece | In Vigor | August 10, 2000 | |
| Hungary | In Vigor | October 3, 1997 | |
| Iran (Islamic Republic of) | In Vigor | December 25, 2003 | |
| Ireland | In Vigor | October 19, 2001 | |
| Iceland | In Vigor | April 15, 1997 | |
| Israel | In Vigor | 1o September 2010 | |
| Italy | In Vigor | April 17, 2000 | |
| Japan | In Vigor | March 14, 2000 | |
| Kenya | In Vigor | June 26, 1998 | |
| Kyrgyzstan | In Vigor | June 17, 2004 | |
| the former Yugoslav Republic of Macedonia | In Vigor | August 30, 2002 | |
| In Vigor | February 12, 1999 | ||
| Latvia | In Vigor | January 5, 2000 | |
| Liberia | In Vigor | December 11, 2009 | |
| Liechtenstein | In Vigor | March 17, 1998 | |
| Lithuania | In Vigor | November 15, 1997 | |
| Luxembourg | In Vigor | 1st April 1998 | |
| Madagascar | In Vigor | April 28, 2008 | |
| Morocco | In Vigor | October 8, 1999 | |
| Monaco | In Vigor | September 27, 1996 | |
| Mongolia | In Vigor | June 16, 2001 | |
| Montenegro | In Vigor | June 3, 2006 | |
| Mozambique | In Vigor | October 7, 1998 | |
| Namibia | In Vigor | June 30, 2004 | |
| Norway | In Vigor | March 29, 1996 | |
| Oman | In Vigor | October 16, 2007 | |
| Netherlands | In Vigor | 1st April 1998 | |
| Poland | In Vigor | March 4, 1997 | |
| Portugal | In Vigor | March 20, 1997 | |
| UK | In Vigor | 1or December 1995 | |
| Arab Republic | In Vigor | August 5, 2004 | |
| Czech Republic | In Vigor | September 25, 1996 | |
| Republic of Korea | In Vigor | April 10, 2003 | |
| Republic of Moldova | In Vigor | 1o December 1997 | |
| People's Republic of Korea | In Vigor | October 3, 1996 | |
| Romania | In Vigor | July 28, 1998 | |
| San Marino | In Vigor | September 12, 2007 | |
| Tome and Principe | In Vigor | December 8, 2008 | |
| Senegal | Signature | ||
| Serbia | In Vigor | 17 February 1998 | |
| Sierra Leone | In Vigor | December 28, 1999 | |
| Singapore | In Vigor | October 31, 2000 | |
| Sudan | In Vigor | February 16, 2010 | |
| Sweden | In Vigor | 1or December 1995 | |
| Switzerland | In Vigor | 1o May 1997 | |
| Swaziland | In Vigor | December 14, 1998 | |
| Turkmenistan | In Vigor | September 28, 1999 | |
| Turkey | In Vigor | 1or January 1999 | |
| Ukraine | In Vigor | December 29, 2000 | |
| European Union | In Vigor | 1o October 2004 | |
GRAPHIC 6
Requests for Turkish-origin marks abroad
TURKEY-Trademark registration requests filed by Turkish applicants
| 1997 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | ||||||
| 856 | 1132 | 1216 | 607 | 595 | 536 | 608 | 981 | 990 | 1088 | 1492 | ||
| Madrid | 887 | 2,560 | 2,630 | 5,864 | 6,807 | 6,047 | 10.253 | 11.522 | ||||
| Total | 856 | 1,132 | 1.216 | 1.494 | 3.155 | 3.166 | 6.472 | 7,788 | 7.037 | 11.341 | 13.014 | |
REFER TO GRAPHIC IN THE ORIGINAL PRINTED OR PDF FORMAT.
Data on applications deposited directly abroad are based on the information received by WIPO from the national and regional trade mark offices.
The data on applications submitted by the Madrid system has been extracted from the Madrid system reports for the International Registration of Marks published by the International Bureau of WIPO. These data comprise all the designations of Contracting Parties made in international registrations of marks which are entered on behalf of holders of Turkish origin (made both in new international registrations or as subsequent designations).
GRAPHIC 7
Non-resident trademark registration requests in Turkey
TURKEY-Trademark registration requests filed in Turkey by non-residents
| 1996 | 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | ||||
| 4,800 | 4,982 | 5.158 | 3,659 | 3.237 | 2,417 | 2.244 | 2.174 | 2.388 | 3.096 | 3,530 | 3,925 | |||
| Madrid | 2,686 | 5.107 | 6.211 | 5.467 | 5,896 | 6.283 | 8.620 | 8,982 | 9,995 | |||||
| Total | 4,800 | 4,982 | 5.158 | 6.345 | 8.344 | 8,628 | 7,711 | 8.070 | 8,671 | 11,716 | 12.512 | 13.920 | ||
REFER TO GRAPHIC IN THE ORIGINAL PRINTED OR PDF FORMAT.
Data on registration applications for trademarks directly deposited by non-residents in Turkey are based on information received by WIPO from the Turkish Patent Institute.
Data on applications submitted in Turkey by non-residents through the Madrid system have been extracted from the Madrid system reports for the International Registration of Marks published by the International Bureau of the WIPO. These data comprise all of Turkey's designations made both in new international registrations and in the quality of subsequent designations.
PROTOCOL CONCERNING THE MADRID ARRANGEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS
Adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 2007
Protocol Item List
Article 1: Membership of the Union of Madrid
Article 2: Obtaining protection through international registration
Article 3: International Request
Article 3bis: Territorial Effect
Item 3ter: Request for "territorial extension"
Article 4: Effects of international registration
Article 4a: Substitution of a national or regional record by an international record
Article 5: Denial and invalidation of the effects of the international registration in respect of certain Contracting Parties
Article 5a: Documents justifying the legitimacy of use of certain elements of the mark
Article 5ter: Copy of the entries listed in the International Register; searches for earlier; extracts from the International Register
Article 6: Duration of the validity of the international registration; dependence and independence of the international registration
Article 7: Renewal of the international registration
Article 8: International registration and international registration fees
Article 9: Enrollment the change of holder of an international record
Article 9bis: Enrollment of certain aspects relating to an international record
Article 9ter: Rates for certain inscriptions
Article 9quater: Common Office of Multiple Contracting States
Article 9quinquies: Transformation of an international record into national or regional requests
Article 9sexies: Relations between States Parties to this Protocol and the Madrid Agreement (Stockholm)
Article 10: Assembly
Article 11: International Bureau
Article 12: Finance
Article 13: Modifying certain articles of the Protocol
Article 14: Modes to be a party to the Protocol; entry into force
Article 15: Reporting
Article 16: Signature, languages, depositary functions
ARTICLE 1. MEMBERSHIP OF THE MADRID UNION.
States party to this Protocol (hereinafter referred to as "the Contracting States"), even if they are not party to the Madrid Agreement concerning the International Registration of Marks revised in Stockholm in 1967 and amended in 1979 (hereinafter referred to as the Madrid Agreement (Stockholm)) , and the organizations referred to in Article 14.1 (1) (b) which are party to this Protocol (hereinafter referred to as "the contracting organizations"), are members of the same Union as the countries party to the Madrid Agreement (Stockholm). Any reference in this Protocol to the 'Contracting Parties' shall be understood as a reference to the Contracting States and to the contracting organisations.
ARTICLE 2. OBTAINING PROTECTION BY INTERNATIONAL REGISTRATION.
1) When a request for registration of a trademark has been filed with the Office of a Contracting Party, or when a trademark has been registered in the registry of the Office of a Contracting Party, the applicant of that application (called in the "basic application") or the holder of that registration (hereinafter referred to as "the basic register"), without prejudice to the provisions of this Protocol, may ensure the protection of its trade mark on the territory of the Contracting Parties, obtaining the registration of that mark in the register of the International Bureau of the Organization World Intellectual Property (hereinafter referred to as "the international registration", "the International Register", "the International Bureau" and "the Organization"), provided that,
(i) where the basic application has been lodged in the Office of a Contracting State or where the basic registration has been effected by such Office, the applicant for that application or the holder of such registration is a national of that State (a) a contractor or a resident, or has an effective and real industrial or commercial establishment in that Contracting State;
(ii) where the basic application has been lodged with the Office of a Contracting Party or where the basic registration has been effected by such Office, the applicant for that application or the holder of that registration is a national of a State a member of that contracting organisation or is domiciled, or has an effective and real industrial or commercial establishment, in the territory of that contracting organisation.
2) The application for international registration (hereinafter referred to as "the international application") shall be submitted to the International Bureau through the Office in which the application for the basic application has been lodged or for which the application has been made made the base register (hereinafter referred to as the "Office of Origin"), as the case may be.
3) In this Protocol, any reference to an "Office" or to the "Office of a Contracting Party" shall be understood as a reference to the Office which is responsible for the registration of marks on behalf of a Contracting Party, and any reference to 'marks' means a reference to both product and service marks.
4. In this Protocol, "territory of a Contracting Party" shall mean, where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization, the territory in the the treaty establishing that intergovernmental organization applies.
ARTICLE 3. INTERNATIONAL REQUEST.
1) Any international application made under this Protocol shall be submitted in the form prescribed by the Regulation. The Office of Origin shall certify that the particulars given in the international application correspond to those set out at the time of certification in the basic application or the basic register, as appropriate. In addition, that Office shall indicate,
i) in the case of a base request, the date and the number of that request,
ii) in the case of a base record, the date and number of that record, as well as the date and number of the request that the base record has resulted from.
The Office of Origin will also indicate the date of the international application.
2) The applicant shall indicate the products and services for which the protection of the mark is claimed, as well as, if possible, the class or classes concerned, according to the classification established by the Nice Agreement concerning the International Classification of Products and Services for the Registration of Marks. If the applicant does not provide this indication, the International Bureau shall classify the products and services in the relevant classes of that classification. The indication of the classes given by the applicant shall be submitted to the International Bureau, which shall exercise it in association with the Office of Origin. In the event of disagreement between the Office and the International Bureau, the opinion of the International Bureau shall prevail.
3) If the applicant claims the color as a distinctive element of its mark, it will be obligated to
i) declare and accompany your international application for a mention indicating the color or color combination claimed;
(ii) join their international application in colour copies of that mark, which shall be linked to the notifications made by the International Bureau; the number of such copies shall be fixed by the Regulation.
4) The International Bureau shall immediately record the marks filed in accordance with the provisions of Article 2. The international registration shall bear the date on which the international application has been received by the Office of Origin, provided that the international application has been received by the International Bureau within two months from the date of its receipt. of that date. If the international application has not been received within that period, the international registration shall bear the date on which the international application was received by the International Bureau. The International Bureau shall promptly notify the relevant Offices of the international registration. Trademarks registered in the International Register shall be published in a periodic gazette edited by the International Bureau, on the basis of the indications contained in the international application.
5) With a view to the advertising to be given to the trademarks registered in the International Register, each Office shall receive from the International Bureau a number of free copies and a number of copies at reduced price of the said Office gazette, under the conditions set by the Assembly referred to in Article 10 (hereinafter referred to as "the Assembly"). Such advertising shall be deemed sufficient for the purposes of all Contracting Parties, and no other of the holder of the international registration may be required.
ARTICLE 3BIS. TERRITORIAL EFFECT.
The protection resulting from the international registration shall only be extended to a Contracting Party at the request of the person who submits the international application or who is the holder of the international registration. However, such a request may not be made in respect of a Contracting Party whose Office is the Office of Origin.
ARTICLE 3TER. "TERRITORIAL EXTENSION" REQUEST.
1) Any request for extension to a Contracting Party of the protection resulting from the international registration shall be the subject of a special mention in the international application.
2) A request for territorial extension may also be made after the international registration. Such an application must be submitted in the form prescribed by the Regulation. It shall immediately be entered by the International Bureau, which shall notify the Office or the Office concerned without delay. This registration will be published in the periodic gazette of the International Bureau. The territorial extension shall produce its effects from the date on which it has been entered in the International Register; it shall cease to be valid for the purposes of the extinction of the international registration to which it relates.
ARTICLE 4. EFFECTS OF THE INTERNATIONAL REGISTRATION.
1) a) As of the date of registration or enrollment made in accordance with the provisions of Articles 3 and 3ter, the the protection of the mark in each of the Contracting Parties concerned shall be the same as if that mark had been deposited directly with the Office of that Contracting Party. If no refusal has been notified to the International Bureau in accordance with Article 5.1 and (2), or if a refusal notified in accordance with that Article has subsequently been withdrawn, the protection of the mark in the Contracting Party concerned shall be, with effect from that date, the same as if that mark had been registered by the Office of that Contracting Party.
(b) The indication of the classes of products and services provided for in Article 3 shall not oblige the Contracting Parties to assess the extent of the protection of the mark.
2) Any international registration shall enjoy the right of priority established by Article 4 of the Paris Convention for the Protection of Industrial Property, without the need to comply with the formalities provided for in point D of that Article.
ARTICLE 4bIS. REPLACEMENT OF A NATIONAL OR REGIONAL REGISTER BY AN INTERNATIONAL REGISTER.
1) When a mark which is the subject of a national or regional registration in the Office of a Contracting Party is also the subject of an international registration, and both records are entered on behalf of the same person, the registration shall be deemed to be The international or regional registry is replaced, without prejudice to the rights acquired under the national or regional registry, provided that
i) The resulting protection of the international registration is extended to that Contracting Party, as provided for in Article 3ter.1) or 2),
(ii) all products and services listed in the national or regional register are also listed in the international registration with respect to that Contracting Party,
iii) the above extension takes effect after the date of the national or regional registration.
2) Upon request, the Office referred to in paragraph 1 shall be obliged to take note, in its register, of the international registration.
1) When the applicable law authorizes it, the Office of a Contracting Party to which the International Bureau has notified an extension to that Contracting Party, according to Article 3ter. 1) or 2), of the protection resulting from an international registration, shall have the power to declare in a notification of refusal that the protection cannot be granted in that Contracting Party to the mark that is the object of that extension. Such a refusal may be based only on the grounds which would apply, under the Paris Convention for the Protection of Industrial Property, in the case of a trade mark directly deposited with the Office notifying the refusal. However, protection may not be refused, even in part, for the sole reason that the applicable law only authorizes registration in a limited number of classes or for a limited number of products or services.
(2) (a) Any Office wishing to exercise this power shall notify its refusal to the International Bureau, indicating all the reasons, within the time limit prescribed by the legislation applicable to that Office and at the latest, without prejudice to the (b) and (c), before the expiry of one year from the date on which the notification of the extension referred to in paragraph 1 has been sent to that Office by the International Bureau.
(b) By way of derogation from paragraph (a), any Contracting Party may declare that, for international registrations under this Protocol, the period of one year referred to in paragraph (a) shall be replaced by 18 months.
(c) Such a declaration may further specify that, where a refusal of protection may result from an opposition to the grant of protection, that refusal may be notified to the International Bureau by the Office of that Contracting Party. after the expiry of the period of 18 months. In respect of a given international registration, such an Office may notify a refusal of protection after the expiry of the 18-month period, but only if
(i) before the expiry of the 18-month period has informed the International Bureau of the possibility that oppositions will be formulated after the expiration of the 18-month period, and
(ii) the notification of the refusal, founded on an opposition, is effected within one month of the expiry of the period of opposition and, in any event, within a maximum of seven months from the date on which it starts to pass the deadline of opposition.
(d) Any declaration under (b) or (c) may be made in the instruments referred to in Article 14.2 (2), and the date on which the declaration takes effect shall be the same as the date of entry into force of this Protocol. in respect of the State or intergovernmental organisation which has made the declaration. Such a declaration may also be made subsequently, in which case the declaration shall take effect three months after its receipt by the Director-General of the Organization (hereinafter referred to as "the Director General"), or at any date subsequent to the declaration, in respect of international registrations whose date is the same or later than the date on which the declaration takes effect.
e) At the end of a period of 10 years after the entry into force of this Protocol, the Assembly shall examine the operation of the system set out in paragraphs (a) to (d). After that examination, the provisions of those paragraphs may be amended by a unanimous decision of the Assembly *.[8]
3) The International Bureau shall transmit without delay to the holder of the international registration one of the copies of the notification of refusal. The holder shall have the same means of appeal as if the trade mark had been directly deposited by him in the Office which notified his refusal. Where the International Bureau has received information pursuant to paragraph (2) (c) (i), it shall without delay transmit such information to the international registration holder.
4) The grounds for refusal of a mark shall be communicated by the International Bureau to the interested parties.
5) Any Office which, in respect of a given international registration, has not notified the International Bureau of a provisional or final refusal, in accordance with paragraphs 1) and 2), shall lose, in respect of that registration international, the benefit of the faculty provided for in paragraph 1).
6) The invalidation, by the competent authorities of a Contracting Party, of the effects on the territory of that Contracting Party of an international registration may not be pronounced without the holder of that international registration being offered the possibility of asserting their rights in useful time. The invalidation shall be notified to the International Bureau.
ARTICLE 5bIS. DOCUMENTS JUSTIFYING THE LEGITIMACY OF USE OF CERTAIN ELEMENTS OF THE MARK.
Documents supporting the legitimacy of the use of certain elements contained in the marks, such as weapons, shields, portraits, honorific distinctions, titles, trade names or names of persons other than the depositor, or others Similar inscriptions, which may be claimed by the offices of the Contracting Parties, shall be free of any legalisation, as well as of any certification other than that of the Office of Origin.
1) The International Bureau shall issue a copy of the references entered in the International Register concerning a given mark to all persons who so request, by payment of a fee fixed by the Regulation.
2) The International Bureau may also, by way of remuneration, be responsible for carrying out searches for previous marks among the marks which are the subject of international registrations.
3) Extracts from the International Register requested for submission in one of the Contracting Parties shall be exempt from any legalization.
1) The registration of a mark in the International Bureau is effected for ten years, with the possibility of renewal under the conditions set out in Article 7.
2) On expiry of a period of five years from the date of the international registration, it is made independent of the base application or the registration resulting therefrom, or the basic registration, as the case may be, without prejudice to the provisions of the next.
3) The protection resulting from the international registration, whether or not it has been the subject of a transmission, may no longer be invoked if, before the expiry of a period of five years, from the date of the international registration, the application for the basis or the registration resulting therefrom, or the basic register, as the case may be, has been withdrawn, has expired, has been waived, or has been the subject of a final decision rejecting, revoking, cancelling or invalidating the all or part of the products and services listed in the international registration. The same will apply if
i) a resource against a decision denying the effects of the base request,
(ii) an action for the withdrawal of the basic application or the revocation, cancellation or invalidation of the registration resulting from the base application or the base register, or
iii) an opposition to the base request
shall, after the expiry of the five-year period, result in a final decision rejecting, revoking, cancelling or invalidating, or ordering the withdrawal of the base application or the registration resulting from it, or the registration of basis, as the case may be, provided that such action, action or opposition has commenced before the expiry of that period. The same would also apply if the basic application was withdrawn, or if the registration resulting from the basic application, or the basic register, were to be waived after the expiry of the five-year period, provided that at the time of the withdrawal or withdrawal, such application or registration would be the subject of one of the procedures referred to in point (i), (ii) or (iii) and that such a procedure has commenced before the expiry of that period.
4) The Office of Origin, as prescribed in the Regulation, shall notify the International Bureau of the relevant facts and decisions under paragraph (3), and the International Bureau, as prescribed in the Regulation, shall notify the interested parties and shall carry out any relevant publication. Where appropriate, the Office of Origin shall request the International Bureau to cancel, to the extent applicable, the international registration, and the International Bureau shall proceed accordingly.
ARTICLE 7. RENEWAL OF THE INTERNATIONAL REGISTRATION.
1) Any international registration may be renewed for a period of 10 years from the expiry of the preceding period, by means of the simple payment of the basic fee and, without prejudice to Article 8.7), of the fees supplementary and of the rate supplements provided for in Article 8.2).
2) The renewal shall not entail any modification of the international registration in the state in which it was found lately.
3) Six months before the expiry of the term of protection, the International Bureau shall recall the holder of the international registration and his representative, if any, by sending an official notice, the exact date of that expiration.
4) A grace period of six months shall be granted for the renewal of the international registration, by payment of an overtax fixed by the Regulation.
ARTICLE 8. INTERNATIONAL APPLICATION AND INTERNATIONAL REGISTRATION FEES.
1) The Office of Origin shall have the power to set at will and to receive in its own benefit a fee to be claimed by the applicant or the holder of the international registration at the time of the filing of the international application or the renewal of the international registration.
2) Registration of a mark in the International Bureau shall be subject to the prior payment of an international fee which, without prejudice to the provisions of paragraph 7) a), shall comprise
i) a basic rate;
(ii) an additional fee for all classes of the International Classification, on the third, in which the goods or services to which the mark is applied are classified;
iii) a rate supplement for any protection extension request in accordance with the 3ter.
3) However, the additional fee provided for in paragraph (2) (ii) may be paid, without prejudice to the date of the international registration, within a time limit set by the Regulation, if the number of the classes of goods or services has been fixed or amended by the International Bureau. If, at the expiry of that period, the additional fee has not been paid or the list of products or services has not been reduced by the depositor to the extent necessary, the international application shall be deemed to have been abandoned.
4) The annual product of the various revenue in the international register, with the exception of revenue from the fees referred to in paragraph (2) (ii) and (iii), shall be shared equally, between the Contracting Parties, by the Office. International, after deducting the costs and charges necessary for the implementation of this Protocol.
5) The sums from the additional fees referred to in paragraph (2) (ii) shall be allocated on the expiry of each year between the Contracting Parties concerned, in proportion to the number of marks for which protection has been requested in each of them during the preceding year, leaving that number concerned, with regard to the Contracting Parties which proceed to an examination, by a coefficient to be determined by the Regulation.
6) The amounts from the rate supplements referred to in paragraph (2) (iii) shall be divided according to the same rules as those provided for in paragraph 5.
7) a) Any Contracting Party may declare that, in respect of each international record in which it is mentioned under Article 3ter, and in respect of the the renewal of such an international registration, it wishes to receive, instead of a part of the income from the additional fees and the fee-add-ons, a fee (hereinafter referred to as "the individual fee") whose amount will be indicated in the statement, and which can be modified in subsequent statements, but which cannot exceed the equivalent of the amount, after deduction of the savings resulting from the international procedure, which the Office of the Contracting Party would be entitled to receive from an applicant for a record of ten years, or the holder of a registration for 10 years of renewal of that registration, of the mark in the register of that Office. In case the individual fee is to be paid,
(i) no additional fee as provided for in paragraph (2) (ii) shall be due if they are only mentioned under Article 3ter the Contracting Parties which have made a statement in virtue of this paragraph, and
(ii) no fee supplement provided for in paragraph (2) (iii) shall be due to any Contracting Party which has made a declaration under this paragraph.
(b) Any declaration under subparagraph (a) may be made in the instruments referred to in Article 14.2 (2), and the date on which the declaration takes effect shall be the same as the date of entry into force of this Protocol in respect of the State or intergovernmental organisation which has made the declaration. Such a declaration may also be made subsequently, in which case the declaration shall take effect three months after its receipt by the Director General, or at any later date specified in the declaration, in respect of the records. the date of which the date is the same or later than the date on which the declaration takes effect.
ARTICLE 9. REGISTRATION OF THE CHANGE OF HOLDER OF AN INTERNATIONAL REGISTRATION.
At the request of the person to whose name the international registration appears, or at the request of an interested Office made on its own initiative or at the request of a person concerned, the International Bureau shall register in the International Register any change of holder of such registration, in respect of all or some of the Contracting Parties in whose territories such registration takes effect and in respect of all or part of the goods and services listed in the register, provided that the new holder is a person who, under Article 2.1), is entitled to present international applications.
ARTICLE 9bIS. REGISTRATION OF CERTAIN ASPECTS RELATING TO AN INTERNATIONAL REGISTRATION.
The International Bureau will enroll in the International Register
i) any change in the name or address of the holder of the international registration,
(ii) the appointment of a representative of the holder of the international registration and any other relevant data relating to that representative,
(iii) any limitation, in respect of all or some of the Contracting Parties, of the products and services listed in the international registration,
(iv) any waiver, cancellation or invalidation of the international registration in respect of all or some of the Contracting Parties,
v) any other relevant data, identified in the Regulation, relating to the rights to a mark which is the subject of an international registration.
ARTICLE 9TER. FEES FOR CERTAIN REGISTRATIONS
Any enrollment under Article 9or Article 9bis may be subject to the payment of a fee.
ARTICLE 9qUATER. COMMON OFFICE OF SEVERAL CONTRACTING STATES.
1) If several Contracting States agree to complete the unification of their national trademark laws, they may notify the Director General
i) that a common office will replace the national office of each of them, and
(ii) that the whole of their respective territories shall be considered as a single State for the application of all or part of the provisions preceding this article as well as the provisions of Articles 9quinquies and 9sexies.
2) This notification shall not take effect three months after the date of the communication to be made by the Director General to the other Contracting Parties.
Where, in the event that an international registration is cancelled at the request of the office of origin under Article 6.4) in respect of all or part of the goods and services listed in that register, the person who was the holder of the registration of the international registration present an application for registration for the same mark with the Office of any Contracting Party in the territory in which the international registration was valid, such application shall be treated as if it had been submitted on the date of the international registration pursuant to Article 3.4) or on the date of registration of the territorial extension under Article 3ter.2) and, if the international registration was a priority, it will enjoy the same priority, as long as
(i) such application shall be filed within three months from the date on which the international registration was cancelled,
(ii) the products and services listed in the application are actually covered by the list of products and services contained in the international registration in respect of the Contracting Party concerned, and
(iii) such a request satisfies all the requirements of the applicable legislation, including those relating to fees.
(1) (a) As regards relations between the States Parties to this Protocol and the Madrid Agreement (Stockholm Act), only this Protocol shall apply.
(b) By way of derogation from paragraph (a), any declaration made pursuant to Articles (5.2) (b), (5.2) (c) or (7) of this Protocol by a State party to both this Protocol and the Madrid Agreement (Act of Stockholm) shall have no effect on relations with another State party to both this Protocol and the Madrid Agreement (Stockholm Act).
2) The Assembly, after the expiry of a period of three years from 1 September 2008, shall examine the application of paragraph (1) (b) and may, at any time, repeal the provisions of that paragraph or restrict its scope by a majority of three years. rooms. Only those States which are parties to the Madrid Agreement (Stockholm Act) and this Protocol shall be entitled to participate in the vote in the Assembly.
(1) (a) The Contracting Parties shall be members of the same Assembly as the countries party to the Madrid (Stockholm) Agreement.
(b) Each Contracting Party shall be represented in this Assembly by a delegate who may be assisted by alternates, advisors and experts.
(c) The costs of each delegation shall be borne by the Contracting Party which has designated it, with the exception of travel expenses and the allowances of one delegate for each Contracting Party, which shall be borne by the Union.
2) The Assembly, in addition to the functions incumbent upon it under the Madrid Agreement (Stockholm),
i) shall deal with all matters relating to the application of this Protocol;
(ii) instruct the International Bureau for the preparation of the review conferences of this Protocol, taking due account of the observations of the countries of the Union that are not a party to the present Protocol. Protocol;
(iii) adopt and amend the provisions of the Regulation concerning the implementation of this Protocol
(iv) shall be responsible for all other functions involving this Protocol.
(3) (a) Each Contracting Party shall have one vote in the Assembly. In matters falling solely to the countries party to the Madrid Agreement (Stockholm), the Contracting Parties which are not party to the said Agreement shall not have the right to vote, whereas, in matters falling solely to the Parties ' Contractors shall only be entitled to vote.
(b) Half of the members of the Assembly having the right to vote on a given question shall constitute the quorum for the purposes of the vote on that question.
(c) Notwithstanding the provisions of subparagraph (b), if in any session the number of members of the Assembly with the right to vote on a given question represented is less than half but equal to or greater than one third of the Members of the Assembly with the right to vote on this matter, the Assembly may take decisions; however, the decisions of the Assembly, except those relating to its own procedure, shall be enforceable only if the following are fulfilled: requirements: the International Bureau shall communicate those decisions to the members of the Assembly entitled to voting on that question and not being represented, inviting them to express in writing their vote or their abstention within a period of three months from the date of the communication. If, at the expiry of that period, the number of those members who have expressed their vote or their abstention amounts to the number of members missing for the quorum to be achieved at the sitting, those decisions shall be enforceable, provided that they are time is maintained most needed.
(d) Subject to the provisions of Articles 5.2) e), 9sexies.2), 12 and 13.2), the decisions of the Assembly shall be taken by a two-thirds majority of the votes cast.
e) Abstention will not be considered as voting.
f) A delegate may represent only one member of the Assembly and may not vote more than on behalf of the Assembly.
4) In addition to its meetings in ordinary sessions and in extraordinary sessions in accordance with the provisions of the Madrid (Stockholm) Agreement, the Assembly shall meet in extraordinary session, by means of a call from the Director General, to request of a quarter of the members of the Assembly with the right to vote on the questions proposed to be included in the agenda of the sitting. The Director-General shall prepare the agenda for such an extraordinary session.
ARTICLE 11. INTERNATIONAL OFFICE
1) The International Bureau shall be responsible for the tasks relating to the international registration under this Protocol, as well as for the other administrative tasks concerning this Protocol.
(2) (a) The International Bureau, following the instructions of the Assembly, shall prepare the review conferences of this Protocol.
(b) The International Bureau may consult intergovernmental and international non-governmental organizations regarding the preparation of such review conferences.
(c) The Director General and the persons designated by him shall participate, without the right to vote, in the deliberations of those review conferences.
3) The International Bureau shall execute all other tasks assigned to it in connection with this Protocol.
With regard to the Contracting Parties, the Union's finances shall be governed by the same provisions as those contained in Article 12 of the Madrid Agreement (Stockholm), with the understanding that any reference to Article 8 of the Madrid Agreement shall be governed by the same provisions as those contained in Article 12 of the Madrid Agreement. Arrangement shall be considered as a reference to Article 8 of this Protocol. In addition, for the purposes of Article 12.6 (b) of the said Agreement, the contracting organizations shall be considered, subject to a unanimous decision to the contrary of the Assembly, belonging to the class of contribution 1 (one) according to the Paris Convention for the Protection of Industrial Property.
ARTICLE 13. MODIFYING CERTAIN PROTOCOL ITEMS.
1) Proposals for amendments to Articles 10, 11 and 12 and this Article may be submitted by any Contracting Party or by the Director General. Those proposals shall be communicated by the latter to the Contracting Parties, at least six months before they are to be examined by the Assembly.
2) Any modification of the articles referred to in paragraph 1 shall be adopted by the Assembly. Adoption shall require three-quarters of the votes cast; however, any modification of Article 10 and of this paragraph shall require four-fifths of the votes cast.
3. Any modification of the articles referred to in paragraph 1 shall enter into force one month after the Director General has received written notification of his acceptance, carried out in accordance with their respective constitutional procedures, of three-quarters of the States and intergovernmental organizations which, at the time the amendment was adopted, were members of the Assembly and had the right to vote on the amendment. Any amendment to such articles thus adopted shall bind all States and intergovernmental organizations which are Contracting Parties at the time the amendment enters into force or at a later date.
ARTICLE 14. MODES TO BE PART OF THE PROTOCOL; ENTRY INTO EFFECT.
(1) (a) Any State party to the Paris Convention for the Protection of Industrial Property may be party to this Protocol.
(b) In addition, any intergovernmental organization may also be party to this Protocol when the following conditions are met:
(i) at least one of the Member States of that organisation is party to the Paris Convention for the Protection of Industrial
;(ii) that such organisation has a regional Office for the registration of marks with effect on the territory of the organisation, provided that such Office is not subject to a notification under Article 9quater.
2) Any State or organization referred to in paragraph 1) may sign this Protocol. Any of these States or organisations may, if it has signed this Protocol, deposit an instrument of ratification, acceptance or approval of this Protocol or, if it has not signed this Protocol, may deposit a instrument of accession to this Protocol.
3) The instruments referred to in paragraph (2) shall be deposited with the Director General.
(4) (a) This Protocol shall enter into force three months after the deposit of four instruments of ratification, acceptance, approval or accession, provided that at least one of these instruments has been deposited by a country The Madrid (Stockholm) arrangement and where at least one other of those instruments has been deposited by a State which is not a party to the Madrid (Stockholm) Agreement or any of the organisations referred to in paragraph 1 (b).
(b) In respect of any other State or organisation referred to in paragraph (1), this Protocol shall enter into force three months after the date on which its ratification, acceptance, approval or accession has been notified by the Director General.
5) Any State or organisation referred to in paragraph 1), when depositing its instrument of ratification, acceptance, approval or accession to this Protocol, may declare that the protection resulting from any international registration made pursuant to this Protocol before the date of entry into force of that Protocol in respect of this Protocol, it may not be subject to an extension in respect of that Protocol.
1) This Protocol shall remain in force without limitation of time.
2) Any Contracting Party may denounce this Protocol by notification addressed to the Director General.
3) The complaint shall take effect one year after the day on which the Director General has received the notification.
4) The right of denunciation provided for in this Article may not be exercised by any Contracting Party Contracting Party before the expiration of a period of five years from the date on which this Protocol has entered into force. in force with respect to that Contracting Party.
(5) (a) Where a trade mark is the subject of an international registration with effect in the State or intergovernmental organisation which denounces this Protocol on the date on which the complaint is made effective, the holder of such registration may submit an application for registration of the same mark in the Office of the State or intergovernmental organisation which denounces this Protocol, which shall be treated as if it had been filed on the date of the international registration under the Article 3.4) or on the date of registration of the territorial extension under Article 3ter.2) and, if the international record had priority, it will have the same priority, as long as
i) such application is filed within two years from the date on which the complaint was effective,
(ii) the products and services listed in the application are actually covered by the list of goods and services contained in the international registration in respect of the State or intergovernmental organisation which has denounced the present Protocol, and
(iii) such a request satisfies all the requirements of the applicable legislation, including those relating to fees.
(b) The provisions of paragraph (a) shall also apply in respect of any mark which is the subject of an international registration with effect, in Contracting Parties other than the State or intergovernmental organisation which denounces the present Protocol, on the date on which the complaint is effective and whose holder, on account of the complaint, is no longer entitled to file international applications under Article 2.1).
ARTICLE 16. SIGNATURE, LANGUAGES, DEPOSITARY FUNCTIONS.
(1) (a) This Protocol shall be signed in a single original copy in English, French and Spanish and shall be deposited with the Director General, when he ceases to be open for signature in Madrid. The texts in the three languages shall be considered equally authentic.
b) After consultation with the governments and organizations concerned, the Director General shall establish official texts in German, Arabic, Chinese, Japanese, Portuguese and Russian, and in any other language that the Assembly may indicate.
2) This Protocol shall be opened for signature in Madrid until 31 December 1989.
3) The Director General shall transmit two copies of the signed texts of this Protocol, certified by the Government of Spain, to all States and intergovernmental organizations which may be party to this Protocol.
4) The Director General shall register this Protocol with the Secretariat of the United Nations.
5) The Director General shall notify all States and international organizations which may be a party or party to this Protocol with respect to the signatures, deposits of instruments of ratification, acceptance, approval or accession, the entry into force of this Protocol and any modification thereof, of any notification of denunciation and of any declaration provided for in this Protocol.
1998 424 LAW
(January 13)
by which the follow-up to the international conventions signed by Colombia is ordered.
The Congress of Colombia
DECRETA:
Article 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty days of the legislative period, which begins every 20 years. July, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
Article 2o. Each dependency of the National Government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the Ministry of Foreign Affairs. Second.
Article 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
Article 4o. This law governs from its enactment.
The President of the honorable Senate of the Republic.
Amylkar Acosta Medina.
The Secretary General of the honorable Senate of the Republic,
Pedro Pumarejo Vega.
The President of the honorable House of Representatives,
Carlos Ardila Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
Maria Emma Mejia Velez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 24, 2009
Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. Please approve the "Protocol concerning the Madrid Agreement concerning the International Registration of Marks", adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 2007.
Article 2o. In accordance with the provisions of Article 1 (1) of Law 7ª of 1944, the 'Protocol concerning the Madrid Agreement concerning the International Registration of Marks', adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 2007, which by the first article of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D.C., a los
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism.
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of Commerce, Industry and Tourism,
Luis Guillermo Plata Paez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 24, 2009
Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. Please approve the "Protocol concerning the Madrid Agreement concerning the International Registration of Marks", adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 2007.
Article 2o. In accordance with the provisions of Article 1 (1) of Law 7ª of 1944, the 'Protocol concerning the Madrid Agreement concerning the International Registration of Marks', adopted in Madrid on 27 June 1989, as amended on 3 October 2006 and 12 November 2007, which by the first article of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
ARMANDO BENEDETTI VILLANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
CARLOS ALBERTO ZULUAGA DIAZ.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on June 29, 2011.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Commerce, Industry and Tourism,
SERGIO DIAZGRANADOS GUIDA.
* * *
1. The current Common Regulation entered into force on 1 September 2008.
2. Graph 3 of fees paid for international registration in 2007 is set out in the Annex.
3. Graph 4 of the marks in force in the International Register is shown in the Annex.
4. The Union of Madrid is composed of the Contracting Parties to the Agreement and the Protocol.
5. See letter dated December 31, 2004 from Mr. Luis Carlos Villegas Echeverry, President of the National Council, addressed to the Minister of Commerce, Industry and Tourism.
6. Table 5 of the User Contracting Parties submitting the number of applications submitted by the Contracting Party is set out in the Annex.
7. Statistics taken from the review of the activities of the Madrid system, 2007, published by WIPO.
* 8. Interpretative declaration adopted by the Assembly of the Union of Madrid:
" It is understood that Article 5.2 (e) of the Protocol allows the Assembly to keep under review the operation of the system established by paragraphs (a) to (d), and that for any modification of these provisions a decision will be required. The Assembly's unanimous vote
"
