67/1967 Coll.
DECREE
Minister of Foreign Affairs
of 31 March 2004. May 1967
the Madrid Agreement concerning the international registration of factory or business
marks of 14 July. April 1891, revised at Brussels on 14. December
1900, in Washington on 2 February 2005. June 1911, at the Hague on 6. November 1925
in London on 2 February 2005. June 1934, at Nice on 15 December. June 1957
On 15 December. June 1957, was negotiated in Nice the new revision of the Madrid Agreement concerning the
the international registration of marks of 14 April. April
1891.
President of the Republic of the Madrid Agreement concerning the international registration of
or trademarks of 14 July 2004. April 1891, as agreed in the Nice
on 15 December. June 1957, ratified and the ratification instrument was deposited with the
the French Government, the depositary of the agreement, on 21 February 2006. October 1960.
Agreement entered into force, pursuant to article 12 paragraph 2. (2) on the date of
December 15, 1966. The same day entered into force for
The Czechoslovak Socialist Republic.
English translation of the agreement shall be published at the same time.
David v. r.
MADRID AGREEMENT
concerning the international registration of marks of 14 April. April
1891, revised at Brussels on 14. in December 1900, at Washington on 2 February 2005.
June 1911, at the Hague on 6. November 1925, at London on 2. June
1934, at Nice on 15 December. June 1947
Article 1
(1) the countries to which this agreement applies constitute a special Union for the
the international registration of marks.
(2) the nationals of each contracting country will be able to ensure that in all
of the other contracting countries of this agreement, the protection of their trade marks
for goods or services, registered in the country of origin in the way that these
signs signs in at the International Bureau for the protection of industrial
ownership through the Office of the said country of origin.
(3) the country of origin will be considered the country of the Special Union, in which the
the applicant has a real and genuine industrial or commercial establishment;
If such a race in a country of the Special Union, the country of
The Special Union where he has his domicile; If he does not, however, reside in Particular
the Union, therefore, the country where it belongs according to their nationality, if
national of certain countries of the Special Union.
Article 2
Nationals of the contracting countries shall be assimilated to nationals of countries face
which are not acceding to this agreement, who within the territory of the Special Union, created
This agreement, satisfy the conditions laid down in article 4(1). 3 Paris Convention for the
protection of industrial property.
Article 3
(1) every application for international registration must be presented on a form
prescribed in the implementing regulation. The Office of the country of origin of the mark shall certify that the
the information contained in this application, match the data of the national
the register, and shall indicate the date and number of the application and registration of the mark in the country
origin, as well as the date of the international registration.
(2) the applicant must indicate the goods or services for which protection is
the mark claimed, as well as, if possible, the corresponding class or classes
According to the classification established by the Nicskou the agreement on the international classification of goods
and services for the purposes of the factory or trade marks. If
the applicant does not include this information, products or goods to
the corresponding classes of the International Bureau. A classifier that
the applicant stated, it will be subject to inspection by the
The International Bureau, in cooperation with the national authority. In case of disagreement
between the national Office and the International Bureau, the opinion will be crucial
The International Office.
(3) if the applicant requests a color as a distinctive feature of their character
the mark is obliged to:
1. you expressly declare it and attach it to your application with a note indicating the
the color or color report
2. to my request to connect color prints of the mark, these fingerprints
then, the International Bureau shall attach to their notice. The number of these fingerprints
will be determined by the implementing regulation.
(4) the International Bureau shall immediately mark logged writes under article
the first. Registration will bear the date of the application for international registration in the country
of origin, if the International Bureau receives it within two months, counting from the
This date. If the application does not occur within this time limit, the International Bureau it
writes the date when she reached him. The International Bureau shall notify such registration
local authorities immediately. Registered marks shall be published in the
the recurring journal published by the International Bureau, in accordance with the data
contained in the application for registration. With regard to the marks which contain
pixels or a special font, the implementing regulation, shall determine whether
the applicant has to deliver the run around.
(5) to the registered marks were in the countries listed in the General
acquaintance, each Office shall receive from the International Bureau a number of for
reduced the price in proportion to the number of units in accordance with the provisions of article. 13 (8)
Paris Convention for the protection of industrial property, under the conditions
laid down in the implementing rules. This publication will be considered in the
all contracting countries totally sufficient, and no other shall not be the
the applicant for the request.
Article 3bis
(1) any contracting country may at any time notify in writing to the Swiss
the Federal Government, that the protection resulting from the international registration will be
apply to his country only if the applicant expressly
so requests.
(2) such notification shall take effect until after six months from the date when the
the Swiss Federal Government shall notify the other contracting countries. This time limit
However, it does not apply to countries that apply when ratification or accession
the options referred to in paragraph (1).
Article 3ter
(1) an application for extension of the protection resulting from the international registration to
a country that used the options on that article. 3 bis, must be separately marked
in the application, of which it is para. 1 article. 3.
(2) the request for territorial extension, brought after submission of the
the international registration must be presented through the Office of the country of
origin on a form of which is prescribed by the implementing regulation.
The International Bureau of the request immediately writes and immediately shall notify the competent
authority or by the competent authorities and shall publish a notice on your periodic journal.
This territorial extension shall take effect from the date of the entry into the international
the register and the demise of the international registration will expire the corresponding
mark.
Article 4
(1) From the time when an entry was as follows according to the provisions of article. 3 and 3
TER at the International Bureau, will mark in each contracting country Parties
just as protected as if there have been directly recorded.
Classification of the products or services which is provided for by art. 3, does not bind
No contracting country in assessing the scope of protection of the mark.
(2) Every mark which has been internationally registered, it shall enjoy the
the priority right provided for article. 4. The Paris Convention for the protection of
industrial property, which shall be fulfilled the formalities referred
under point (D) of that article.
Article 4bis
(1) when a mark already applied in some one or more of the
countries was later registered by the International Bureau for the same owner
(titulaire) or his successor in title, the international registration
considered writing the incoming to the place of the earlier national registrations, without
injury to the rights acquired by these entries.
(2) the national authority shall on request make in its registry
the recording of an international registration.
Article 5
(1) in countries which have laws that empower them to do so, can the authorities, which
The International Bureau announced the registration of certain signs or extension request
the protection applied in the meaning of article 87(1). 3 ter, declare that the mark cannot
be granted protection in their territory. Such a refusal will however,
can be taken only under the conditions that, according to the Paris Convention for the
protection of industrial property as the mark applied for to
national registration. You cannot, however, protection, or only partially deny only
the reason that the national legislation permits registration only for a limited
the number of classes or for a limited number of products or services.
(2) the authorities will want to use this permission must
rejection of listing all the reasons to notify to the International Bureau, in
the time limit laid down by their national law, but not before the expiry of
one year, counting from the international registration of the mark or of the request for
extension of protection within the meaning of article submitted. 3 ter.
(3) the International Bureau shall send without delay to the Office of the country of origin and
a registered holder (titulaire) or his representative, if one has been
The International Bureau has been notified by the Office, keeping one copy of the odmítavého
the statement, which was reported to him in this manner. The participant will have
the same appellate remedies as if the mark had been signed up myself
right in the country in which protection is being rejected.
(4) the grounds for refusing a mark shall notify the International Bureau of the participants,
who request it.
(5) the authorities that in the said period not exceeding 1 year fails to notify
To the International Bureau any provisional or final decision of refusal
registration or of the extension of the protection, the signs in issue cease to be
permissions contained in paragraph (1) of this article.
(6) the competent authorities cannot decide on the cancellation of the mark,
without the owner of the mark shall provide the opportunity to make their rights in a timely manner.
Cancellation of the mark must be notified to the International Bureau.
Article 5bis
Papers on the right to use some part of the signs-such as.
characters, shields, portraits, honors, titles, business or personal names
other than the name of the přihlašovatelovo, or other similar inscriptions-that
should the authorities of the contracting countries may require, will be exempt from any
another confirmation or validation than the confirmation or verification of the authority of the
the country of origin.
Article 5ter
(1) anyone who so requests, shall issue to the International Bureau for a fee specified by the
by the implementing regulation a copy of the data registered in a certain grade.
(2) the International Bureau may also be performed for remuneration, the investigation of the earlier
registrations in the international marks.
(3) extracts from the international register requested with a view to the submission of the
some contracting country shall be exempt from all authentication.
Article 6
(1) registration of a mark at the International Bureau shall be carried out for a period of 20 years (with a
subject to the provisions in article 4(1). 8 in the event that the applicant has paid only
part of the international fee) with the possibility of renewal under the conditions specified
in the article. 7.
(2) after the expiry of five years from the date of the international registration becomes
This representation independent of the national mark, registered earlier in the country of origin with the
subject to the following provisions.
(3) the protection resulting from the international registration, whether or not
converted, cannot be applied, in whole or in part, if the national
Mark provisionally registered in the country of origin under article. 1 stopped at five
years from the date of the international registration to enjoy in this country wholly or partly
legal protection. This will also be the case when this legal
protection ceased to exist later as a result of an action brought before the expiry of
of five years.
(4) in the case of voluntary or official Office of the country of origin shall request the cancellation
The international series for cancellation of the mark, and this operation is carried out by the International Bureau. In
case of legal proceedings shall send the aforementioned authority from the International Bureau
ex officio or at the request of the applicant a copy of the suit or a copy of another
document to start a dispute, as well as the final judgment.
The International Bureau shall record this fact in the international register.
Article 7
(1) Registration may be renewed for a further period of 20 years, counted from the
the date of expiry of the previous period, the mere payment of the basic fee and
where appropriate, the supplementary fees provided for in article 6(2). 8, para. (2).
(2) renewal may not include any change against the last State
the previous registration.
(3) the first renewal made after the effect of the agreement is to be
indicate the class of the international classification to which the registration relates.
(4) six months before the expiry of the protection period will remind the International Bureau
the official notice to the owner of the mark and his representatives the exact date when this
the deadline expires.
(5) for an additional fee provided for in the implementing rules will be allowed
the six-month grace for the renewal of the international registration.
Article 8
(1) the Office of the country of origin may fix, at its discretion, and to select for
together the national fee from the owner of the mark, the international registration shall be
asks.
(2) registration of a mark at the International Bureau shall be subject to prior payment of the
the international fee which will consist of:
and the basic fee) in the amount of 200 Swiss francs for the first signs of
and 150 Swiss francs for each other at the same time, the mark applied for in
(b)) of the fee of the supplementary of 25 Swiss francs for each additional
the class of the international classification, beyond three classes in which they are
goods or services covered by the trademark,
(c)) of the fee of the supplementary of 25 Swiss francs per each
request for extension of protection under article 5(1). 3 ter.
(3) the Complementary fee referred to in paragraph 1(b). (2) point (b)) will, however, be
zapravit within the period specified in the implementing rules, if the number of classes
products or services has been established or if the IRP
The International Bureau's objections, and that without the influence of the change of the date of registration. If
would the supplementary fee to the expiry of this period has not been paid or the list of
products or services by the applicant was not limited to the extent necessary, the
be considered that, since the application for international registration was waived.
(4) the annual proceeds to miscellaneous revenue of the international registration, with the exception of income
According to the provisions referred to in points (b) and (c))) paragraph (2) divides the
The International Bureau the same objective between Member countries of the agreement after the
deduction of fees and costs necessary for the implementation of the agreement.
If any country at the time of entry into force of this agreement
to carry out or to the agreement of the Hague, or London, will have up to date
the effectiveness of its approach on the distribution of surplus income
calculated on the basis of the old texts.
(5) the amounts resulting from the additional fees in accordance with the provisions of paragraph 1. (2)
(a). (b)) after the expiry of each year, will be divided among the contracting countries
This agreement, in proportion to the number of marks for which there has been during the past
year of protection. For countries which carry out the previous survey
This number will be determined by a coefficient to be determined by the implementing
provision.
(6) the amounts resulting from the additional charges referred to in paragraph 1. (2) (a). (c))
will be distributed according to the rules referred to in paragraph (5) among the countries,
which have used the option provided for in article 6(2). 3 bis.
(7) in respect of the basic fee, the applicant will have the option to
pay at the time of the application for international registration only the basic fee
in the amount of 125 Swiss francs for the first grade and 100 Swiss francs
for each other at the same time the mark the mark.
(8) where the applicant Uses this option, the International Bureau
pay before ending the 10-year period, including from the international
write the rest of the basic fee in the amount of 100 Swiss francs per
the first mark and 75 Swiss francs for each other at the same time
the mark applied for, otherwise after the end of this period will lose the benefit of their
the registration. Six months before the expiry of this period, reminding the international
the Office of the official notification to the applicant and his representatives the exact date when
This period will end. If the rest of the basic fee has been paid
To the International Bureau before the expiry of this period, the International Bureau
Mark clears, the Act shall be notified to the national authorities and shall publish it in your
journal. If the rest of the fee for the signs at the same time
who is logged on is not paid at the same time, the applicant must specify the
the mark for which applies the rest of the fee, and pay 100 Swiss
the first sign of francs for each series.
(9) the above time limit shall apply mutatis mutandis the provisions of the Decade article. 7.
paragraph. (5).
Article 8bis
Internationally registered mark with the owner may at any time renounce protection
in one or more of the contracting countries. Declaration of renunciation of protection
passed to the Office of the country of origin. This Office shall notify the renunciation of protection
The International Bureau shall notify the offices of the countries concerned by this waiver
protection concerns. Renunciation is not subject to any fee.
Article 9
(1) the authority of the country of the registered proprietor of the mark shall notify the International Bureau
also cancellation, erasure, waiver of protection, transfers and other changes
made to the registration of the mark in the national register, if such changes
also affect the international registration.
(2) the International Bureau shall enter such changes in the international register,
shall notify the authorities of contracting countries is and publish in your journal.
(3) the same way you would do if an internationally registered
the owner of the mark so requests on the restriction of the list of goods or services to which the
This entry applies to.
(4) the following may be subject to the fee will be determined by the implementing
regulations.
(5) the additional connection of a new product or service to the list may
only be achieved a new application under the provisions of article. 3.
(6) the substitution of a product or service in any other product or service is
assessing the same as the connection.
Article 9bis
(1) when a mark registered in the international register converts to
person resident in one of the other contracting country other than the country internationally
the registered owner shall notify the Office of that country to the international transfer
the Office. The International Bureau shall transfer writes, shall notify the other agencies and
publish in your journal. If the transfer was made before the expiry of the five
years from the date of the international registration, the International Bureau shall request the consent of the authority
the country of the new registered owner and shall publish, if possible, the date and
the registration number of the mark in the country of the new registered owner.
(2) transfer of the mark registered in the international register to a person who is not
authorised to sign mark will not be registered.
(3) If a transfer could not be written to the international
register either as a result of the refusal of the consent of the country of the new registered
owner, or because he was a person who is not entitled to apply for
international registration, the country office will have an earlier registered
the owner of the right to request the International Bureau to mark erased from your
the register.
Article 9ter
(1) if the International Bureau Is notified of the withdrawal of an international mark
only for the part of the registered goods or services, writes is an international
the Office in its register. The contracting country may not recognize the validity of this
distance, if products or services are conceived in part as follows odstoupené
are similar to the goods or services for which the mark is to remain registered on
the name of the outgoing.
(2) the International Bureau shall also withdraw the mark only writes for one or
several of the contracting countries.
(3) if in previous cases to change the registered owner,
the competent authority of the new owner to grant consent prescribed in article 9 of
bis, if the international mark has been transferred before the expiration of
the five-year period, counting from the international registration.
(4) the provisions of the preceding paragraphs shall apply subject to the provisions of article
6 quater Paris Convention for the protection of industrial property.
Article 9quater
(1) Agree to several countries of the Special Union at the unification of their
the national laws of the region, the Swiss Federal Government will be able to
announce:
and that the common Office will replace) their national authorities and
(b)) that the whole of their respective countries should be considered a single country
for the full or partial application of this agreement.
(2) this notification shall become effective until six months after the date when
the Swiss Federal Government shall notify the other contracting countries.
Article 10
(1) the authorities of edits by mutual agreement, the details concerning the implementation of the
This he agreements.
(2) the International Office of the Committee of Directors of the national authorities
industrial property rights of the Special Union. It shall meet either on the initiative of
the Director of the International Office, or at the request of the five countries that are
the Contracting Parties to the agreement, in the periods not exceeding five years. This
Committee shall appoint from among their number the closer the advice that can be entrusted with the
specific tasks. It shall meet at least once a year.
(3) the scope of this Committee is advisory.
(4) However,
and) subject to general jurisdiction, which belongs to the high Supervisory Board also observed
the authority may, on a reasoned proposal of the Director of the International Office and the
the basis of the unanimous resolution of the represented countries change the amounts of the fees
laid down in article 8 of this agreement;
(b)) on the basis of a unanimous resolution of the represented countries shall be established and amended
the implementing provisions of this agreement;
(c)) of the national industrial property offices of the directors may delegate their
permission to a representative of another country.
Article 11
(1) countries of the Union for the protection of industrial property which have not been associated
This agreement will be able to access it, if they request it in the form of
prescribed by article 16 of the Paris Convention for the protection of industrial
ownership. This approach will be valid only for the latter revised
the text of the agreement.
(2) as soon as the International Bureau informed that a country or
all or part of countries or territories for which ensures foreign relations,
accede to this agreement, shall send to the Office of that country in accordance with article 3 of the NCBs '
a list of signs that this time they will enjoy the international
the protection.
(3) on the basis of this list will be provided to the said marks
the territory of the acceding countries the benefits of the foregoing provisions. From this
the notice will pay a one-year period within which the authority concerned may
make a declaration in accordance with article 5.
(4) However, any country when access to this agreement will be able to declare that
with the exception of international marks, which have previously been in this country
the subject of identical and valid national registration and that, at the request
participants will be immediately recognized, the application of this Agreement shall be limited to
the signs, which will be written starting with the day on which this approach takes
efficiency.
(5) this statement, the International Bureau waives the obligation to send top
referred to the Union list. The International Bureau will be limited to reporting the
marks, for which exemption has been applied pursuant to the preceding paragraph on the
the basis of the application. This request must contain the necessary refinements and
submitted within one year from the new countries.
The International Bureau has not sent the Union a list of countries that when accessing
The Madrid Agreement have declared that they use the permission referred to in article 3
bis. These countries will be able to in addition to this at the same time declare that this
Agreement shall be limited to marks registered from the date on which the access of these countries
takes effect; However, this restriction does not apply to international
marks that were in these countries previously subject to the same
national registration and that will be able to be used for the basis of the request for
extension of protection submitted a notification pursuant to article 3 ter and article 8 of the
paragraph (2) Letter c).
(6) the registrations of marks which have been the subject of a notification under this
the article will be deemed the place of entries entries rising
carried out directly in the new contracting country before the date of effectiveness of the
access.
(7) this Agreement shall be subject to the provisions of article 16 bis of the Paris Convention
on the protection of industrial property.
Article the institution
In the event of termination of this agreement, article 17 bis of the Paris Convention for the
protection of industrial property. International marks which have been
registered up to the date when the denunciation shall take effect, and that were not
rejected during the year referred to in article 5, shall enjoy all the time
international protection continues to be the same protection as if they were in this country
directly declared.
Article 12
(1) this Agreement shall be ratified and the instruments of ratification will be what
First, stored in Paris.
(2) becomes effective between the countries that will ratify or accede to
proceeding under the provisions of article 11 paragraph (1) as soon as the
ratification or acceding to at least twelve countries, and after the
two years after that, when the Swiss Federal Government shall notify the store
the twelfth instrument of ratification or accession. Will have the same scope and
the Paris Convention for the protection of industrial property.
(3) to countries that deposited their instrument of ratification or accession after the
the imposition of the twelfth instrument of ratification or accession takes effect
in accordance with the provisions of article 16 of the Paris Convention. Entry into force will, however,
at all times conditional upon the expiry of the period laid down in the previous
paragraph.
(4) this agreement will replace in all relations between the countries on whose behalf
shall be ratified or that accedes thereto, the date on which they will take
efficiency, the Madrid Agreement of 1891, in its earlier versions.
However, each country will ratify the agreement or which
accede, remains bound by an earlier text in its relations with countries
that it will not ratify or accede to it, if the
expressly declared that it no longer wants to be bound by these texts. This
the Declaration will be notified of the Swiss Federal Government. Will be effective for
twelve months after arrival referred to the Government.
(5) the International Bureau shall make arrangements with the participating countries, the appropriate administrative
the measures necessary for the implementation of this agreement.