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The Madrid Agreement Concerning The International Registration Of Factory Or Sales Rep. I Know

Original Language Title: o Madridské dohodě o mezinárodním zápisu továrních nebo obch. znám

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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.