248/1996 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Change: 63/2008 Coll.
Change: 64/2008 Coll.
Ministry of Foreign Affairs says that 27 April 1994. June 1989 was in
Madrid adopted the Protocol relating to the Madrid Agreement concerning the international registration
trade marks.
The instrument of accession of the Czech Republic to the Protocol relating to the Madrid Agreement concerning the
the international registration of marks has been deposited with the
the Director of the world intellectual property organization, the depositary
The Protocol on 25 April. June 1996.
The Protocol on the basis of article 14, paragraph 1. 4 (b). (a) entered into
force on 1 January. in December 1995, and for the Czech Republic in accordance with subparagraph (a). (b)
the same article and paragraph, on 25 September 2004. September 1996.
Czech translation of the Protocol shall be published at the same time.
PROTOCOL
Relating to the Madrid Agreement concerning the international REGISTRATION of MARKS, done at
Madrid on June 27. June 1989
Article 1
Membership in the Madrid Union
States which are 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
trade marks of the revised in Stockholm in 1967 and supplemented in
1979 (hereinafter referred to as "the Madrid (Stockholm) Agreement"), and
organizations referred to in article 14, paragraph 1. 1 (b). (b)), which are party to
to this Protocol (hereinafter referred to as "the contracting organizations") shall be members of the same Union,
whose members are States that are party to the Madrid Agreement in the
the Stockholm final. The term "Contracting Party" in this Protocol
means both Contracting States and contracting organizations.
Article 2
To obtain the protection of the international registration
1) if the Office of a contracting party filed the trade mark to
registration or if the trade mark is registered in the register of the Office of the Contracting
Parties, the entity that is the applicant in this application (hereinafter
"Basic application") or the owner of the registration (hereinafter referred to as
"basic registration"), under the conditions laid down in this Protocol, to ensure the
the protection of your trademarks on the territory of the Contracting Party that gets
the registration of that trade mark in the register kept by the International Bureau
World Intellectual Property Organization (hereinafter referred to as "international registration",
"the international register", "the International Bureau" and "the Organization")
provided that the
I) where the basic application has been filed at the Office of a Contracting State, or
If the basic registration with such authority, a person who is
by the applicant in the application or the owner of the registration, the
a national of that Contracting State or is in that Contracting
State of the registered office or place of residence or a real and genuine industrial or
business venture;
II) where the basic application has been filed at the Office of a Contracting Organization, or
If the basic registration with such authority, a person who is
by the applicant in the application or the owner of the registration, the
a national of a Member State of a Contracting Organization, or has the
the territory of that Contracting Organization, their headquarters or domicile or a real and
a real industrial or commercial undertaking.
2) the application for international registration (hereinafter referred to as "the international application")
shall be filed with the International Bureau through the Office, which, according to
the case has been filed or for which the basic application has encountered a
the basic registration (hereinafter referred to as "Office of origin").
3) the term "Office" or "Office of a Contracting Party" in this Protocol
means the Office of a Contracting Party entrusted the registration of trade marks, and
the term "Trademarks" means trademarks registered for both
products and trade marks registered for the service.
4) "territory of a Contracting Party" means in this Protocol, where the Contracting
party is a State, the territory of that State and, where the Contracting Party is an intergovernmental
the Organization, the territory in which the Treaty establishing the
the intergovernmental organization.
Article 3
The international application
1) Every international application under this Protocol shall be presented on
the form prescribed in the regulations. The Office of origin shall certify that the information
contained in the international application correspond to the particulars at the time of confirmation
contained by the nature of things in the basic application or the basic
the registration. This Office shall
I) in the case that it is a basic application, the date and number of the
of the application,
II) in the case that it is a basic registration, the date and number of that registration,
as well as the date and number of the application, on the basis of which to write.
The Office of origin shall also indicate the date of the international application.
2) the applicant must indicate the goods and services in respect of which claims
protection of the mark, as well as, if possible, the corresponding class or classes
According to the classification established by the Nice Agreement concerning the international classification of goods
and services for the purposes of the registration of marks. If the applicant has
These indication, the International Bureau shall classify the goods and services in the
appropriate classes of the said classification. The International Bureau will carry out in
cooperation with the Office of origin classification of control by the applicant.
In case of disagreement between this Office and the International Bureau, is the defining
the view of the International Bureau.
3) if the applicant claims color as a distinctive feature of their trade
mark, it is required to
I) this fact and said in his international application stated this
the color or combination of colors claimed;
II) to his international application copies this colour has joined the
the trade mark, which the International Bureau shall attach to their notice;
the number of such copies shall lay down the regulations.
4) trademarks that are logged on under article 2 of the International Bureau as soon as
writes. The international registration will be the date on which the Office of origin received the
the international application, provided that the International Bureau, the international
application was received within two months from that date. If The International
the Office has not received the international application within that period, the international registration
will be dated on the date of the international application, the International Bureau referred to
He received. The International Bureau shall notify the international registration authorities,
to which it relates. Trade marks registered in the international register the
the basis of the data contained in the international application shall be published in periodic
Gazette by the International Bureau.
5) for the required publication of marks registered in the international
Register, each Office shall receive from the International Bureau under the conditions
laid down by the Assembly referred to in article 10 (hereinafter referred to as "the Assembly")
a number of copies of the said Gazette free of charge and a number of copies
at a reduced price. Such publication shall be deemed sufficient for the
the purpose of all the Contracting Parties and the holder of the international registration
entitled to require any further disclosure.
Article 3b is
Territorial effect
The protection resulting from the international registration applies to the Contracting
the party only at the request of the person who served the international application, or
who is the owner of the international registration. However, such a requirement cannot be
to object to the Contracting Party whose Office is the Office of origin.
Article 3 ter
Request for "territorial extension"
1) each request for extension of the protection resulting from the international
write to any Contracting Party shall be specially noted in
the international application.
2) request for territorial extension, it is possible to also subsequently after the
the international registration. Each such request shall be submitted
on the form prescribed by the regulations. The International Bureau it immediately
This record shall be recorded and shall notify without delay to the authority or authorities to which the
refers to. The said record shall be published in the periodical Gazette
The International Bureau. Territorial extension shall take effect from the date on which the
recorded in the international register; with the demise of the international registration,
which it relates ceases to be valid.
Article 4
The effects of the international registration
1)
and from the date of enrollment) trademarks or endorsement by
the provisions of articles 3 and 3ter protection of the mark in each of the
of the parties concerned, the same as if was logged in
directly to the Office of that Contracting Party. If it is not the International Bureau
communicated a refusal in accordance with article 5 (3). 1 and 2, or if the refusal
pursuant to the said article is later withdrawn, will, starting with the
to that date, the protection of the mark in the Contracting Parties covered by the
refers to, the same as if the mark had been registered by the Office of the
the Contracting Parties.
(b)) the classes of goods and services provided for in article 3 shall require a Contracting
Parties to determine the extent of the protection of that mark.
2) each international registration will be deprived of the right of priority under article 4 of
Paris Convention for the protection of industrial property, without it being necessary to
meet the conditions laid down in (D) of that article.
Article 4b is
Replacement of a national or regional registration by an international registration
1) for trademarks, which is nationally or regionally registered at the Office of the
the Contracting Parties, and which is at the same time internationally registered and both notations
are added to the name of the same person, it will be deemed that the international registration
replaced by the national or regional registration, without prejudice to rights acquired
the entry, provided that the
I) the protection resulting from the international registration applies to the said
Contracting Party pursuant to article 3 ter para. 1 or 2,
II) all the goods and services listed in the national or regional registration
are also listed in the international registration in respect of the said Contracting
side,
(III)) the above extension shall take effect from the date of the national or
regional registration.
2) the Office referred to in paragraph 1 shall at the request of record
international registration to their index.
Article 5
Refusal and invalidation of effects of international registration in respect of certain
the Contracting Parties
1) if so permitted by the legislation in force, is the Office of a Contracting
the parties to whom the International Bureau announced the extension of the protection resulting from
of the international registration to that Contracting Party under article 3 ter para. 1
or 2, shall be entitled to in the statement of denial to say that trade mark
that is the subject of this extension, cannot be referred to the Contracting
side of the protection granted. Any such refusal can be based only on the
the reasons, according to the Paris Convention for the protection of industrial
ownership were considered in the case, that the trade mark was
recorded direct with the Office which has communicated a refusal. Protection cannot, however,
be refused, even partially, by reason only that the applicable legal
law writing only for a limited number of classes or for a limited
the number of products or services.
2)
and Each authority) wishes to take advantage of their rights, shall notify its
the refusal together with an indication of all the grounds to the International Bureau within the time limit
set for this Office a valid legal regulation, at the latest with the
subject to subparagraphs (b) and (c))), within one year from the date on which the international
the Office has sent the Office a notification of the extension referred to in paragraph 1.
(b)) without regard to the paragraph a), any Contracting Party may declare,
that, for international registrations made under this Protocol, the time limit
one year referred to in subparagraph (a)) is replaced by 18 months.
(c)) in which it is possible to further refine the statement that if a refusal
protection result from the opposition against the grant of protection, the Office may
the said Contracting Party to disclose this refusal to the International Bureau until after the
expiry of the period of 18 months. Such an Office may notify a refusal of protection in the
relation to the international registration after the expiry of the 18 months
However, only if the
I) reported before the expiry of 18 months the International Bureau of
the possibility that after the expiry of the period of 18 months will be opposition, and
II) notification of refusal based on an objection is made within the time limit
one month from the expiry of the period for the submission of objections, and in any case
However, no later than seven months from the date on which the time limit for the submission of objections
begins to run.
d) any declaration under subparagraphs (b) or (c))) can be made in the instruments
referred to in article 14, paragraph 1. 2, and the effective date of the Declaration shall be
to coincide with the date of the entry into force of the Protocol for any State or intergovernmental
the Organization, which have made the Declaration. Such a declaration may also be made
later, and this declaration shall take effect three months after the date of
received the Director-General of the Organization (hereinafter referred to as "the Director General"),
or at any later date indicated in the Declaration, in
relation to international registration whose date is the same or later,
than the effective date of the Declaration.
e) after a period of ten years from the entry into force of this Protocol
the Assembly shall proceed to verify the functionality of the system provided for in
subparagraphs a) to (d)). After the provisions of the said subparagraphs may be
by a unanimous decision of the Assembly changed. ^ *)
3, the International Bureau promptly sends) a copy of the notice of
refusal of the holder of the international registration. The owner will be entitled to use the
all of the remedies as in the case of that trade mark
signed up directly with the Office that has communicated a refusal. If the International Bureau
has received the information referred to in paragraph 2 (a). (c)) and sends this without delay)
information to the holder of the international registration.
4) grounds for refusing a mark shall notify the International Bureau to each,
who has a legal interest, if it so requests.
5) Office which has not notified the International Bureau, provisional or final
the refusal of the international registration, referred to in paragraphs 1 and 2, lost,
with regard to the international registration, the ability to exercise their rights under the
of paragraph 1.
6) the competent authorities of the contracting parties cannot decide on the invalidity of the
the effects of an international registration in the territory of a Contracting Party, without the holder
This international registration was given the opportunity to defend themselves in the
reasonable period of time your rights. Invalidity shall be notified to the International Bureau.
Article 5b is
Evidence of the right to use some of the elements in the trade mark
Evidence of the right to use some of the elements that are contained in the
trade marks, such as coats of arms, shields, portraits, decorations,
titles, trade names, or the names of people that are different from the names of the
of the applicant or any other similar information that might authorities of the Contracting
Parties require, will be exempt from any legalization and each other
authentication authentication than the Office of origin.
Article 5 ter
Copies of entries in international register; research on earlier rights; listings
from the international register
1) to anyone who so requests, shall issue to the International Bureau for a fee
provided for by the regulations, a copy of the data registered in the international
the index of a particular trademark.
2) the International Bureau may also, for consideration to perform in the internationally
registered trademark searches to an older law.
3) extracts from the international register requested with a view to their
the submission in one of the Contracting Parties shall be exempt from any
legalization.
Article 6
Period of validity of international registration; dependence and independence
the international registration
1) registration of a mark at the International Bureau applies ten years with
the possibility of renewal under the conditions specified in article 7.
2) the expiry of five years from the date of the international registration, such registration shall become
independent, depending on the nature of things, on the basic application or the registration of,
arising out of, or the basic registration, subject to the following
provisions.
3) Protection resulting from the international registration, whether or not
his conversion, is to be further challenged, if before the expiry of five years
from the date of the international registration, depending on the nature of things, the basic application or
write to its benefit, or where the basic registration has been withdrawn, there are no
for them to surrender rights to a trade mark, was released on the final
the decision on the refusal, revocation, cancellation or invalidity for
all products and services listed in the international registration in respect of some
of them. The same shall apply, provided that the control
I) an appeal against a decision refusing the effects of the basic
of the application,
(II)) to the action for the withdrawal of the basic application or the revocation, cancellation
or invalidation of the registration resulting therefrom or the basic registration, or
III) on objections to the basic application
ends after five years by issuing a final decision of rejection,
cancellation, cancellation or invalidity of or about an order to withdraw, according to the
the nature of things, the basic application or the registration resulting therefrom, or
the basic registration, provided that the appeal procedure,
the application or objection was initiated before the expiry of this period. The same is true
in the event that the basic application has been withdrawn or that the minutes of the
the basic application or the basic registration under has been surrendered
the rights after five years, provided that at the time of the withdrawal or
waiver of rights was mentioned or referred to write the subject of the application
proceedings referred to in (I)), (II) or (III))), and that this procedure was
initiated before the expiry of that period.
4) the Office of origin shall notify, in accordance with the regulations, the International Bureau
the relevant facts and the decision referred to in paragraph 3 and the International Bureau
It is in accordance with the regulations, shall communicate to the parties concerned, and
carry out the appropriate publication. The Office of origin, if applicable, shall request the International
the authority to, where possible, of the international registration, and
The International Bureau of such a request.
Article 7
Renewal of international registration
1) each international registration can be restored by simply paying the basic
fee, and subject to article 8 (2). 7 the payment of supplementary and
the supplementary fees provided for in article 8 (2). 2 for a period of ten
years from the expiry of the previous period.
2) renewal may not contain any change in the international registration against its
the last State.
3) the International Bureau reminds six months before the expiry of the protection period
the holder of the international registration or his representative, neúředním
Notice the exact date on which the period elapses.
4) for the renewal of the international registration shall be fixed by the surcharge
the regulations will provide six months ' grace.
Article 8
Fees for international application and international registration
1) the Office of origin will be able to determine in its sole discretion, and to choose your
benefit from the applicant for or holder of the international registration fee
the filing of the international application, or for the renewal of the international registration.
2) registration of a mark at the International Bureau shall be subject to
prior payment of an international fee which shall, subject to
the provisions of paragraph 7 (b). and) consist of:
I) of the basic fee;
(II) the additional fee) for each class of the international classification
exceeding three to which the goods or services are classified, in
which the mark applies;
(III)) of the supplementary fee for any request for extension of protection under
Article 3 ter.
3) if the number of classes specified or called into question by the International Bureau, the
However, you can pay the additional fee referred to in paragraph 2 (II)) within the time limit
provided for by the regulations, without affecting the date
of the international registration. If the supplementary fee has not been paid to the
expiry or the applicant to the extent necessary
did not limit the list of goods or services, it will be considered that, since the
international application was abandoned.
4) Annual income from the proceeds of each international registration, with the exception of
the revenue from the fees referred to in paragraph 2 (II)), and (III)) divides the International
Office equally among the Contracting Parties, after deducting the fees and costs
arising from the implementation of this Protocol.
5 the amount of the additional fees) referred to in paragraph 2 (II))
the end of each year be allocated to the parties in proportion to the number of
marks, for which each of the contracting parties over the past year
protection was claimed, that the number of the Contracting Parties,
carrying out the survey, follow the coefficient laid down in the implementing
of the order.
6 the amount of the supplementary fees) referred to in paragraph 2 (III)) shall be allocated
According to the same rules as in paragraph 5.
7)
and) any Contracting Party may declare that, for each international
registration in which it is mentioned under article 3 ter, as well as for the renewal of such
international registration, wants to receive, instead of a supplementary income and
the additional fees fee (hereinafter referred to as "individual fee"), which
the amount shall be specified in the Declaration and can be changed later
the declarations, which, however, must not be greater than the amount that would be the Office
said Contracting Party was entitled to receive from an applicant for the registration of
the trade mark in the register of this Office for ten years, or from the owner
write for his ten years of recovery, reduced by savings from
international governance. In the case that such an individual is true
fee,
If I) according to article 3 ter, only the Contracting Parties,
have made the Declaration referred to in this subparagraph may not be required no
the additional fee referred to in paragraph 2 (II)), and
II) for a Contracting Party that has made a declaration under this
subparagraph cannot require any additional fee referred to in paragraph
2 (III)).
(b) any declaration under subparagraph) and) can be made in the instruments
laid down in article 14, paragraph 1. 2, and the effective date of this privacy statement is
will coincide with the date of the entry into force of this Protocol for the State or
intergovernmental organization that have made the Declaration. Such a statement can be
also do this later, and this declaration shall enter into force three months
then, when it is received by the Director General or at any later
the date referred to in this Declaration, in relation to international
registration whose date is the same as or later than the effective date of the
statement.
Article 9
Record changes to the holder of the international registration
At the request of the person in whose name the international registration sounds, or at the request
the competent authority have been filed, ex officio or at the request of the person to whom the
change refers to the International Bureau shall record in the international register
any change of the owner of this entry for all the Contracting Parties to the
whose territories the said registration is valid, or only some of them, and for the
all products and services referred to in the minutes or just for some of them
provided that the new owner is a person entitled to be given
international application referred to in article 2 (2). 1.
Article 9b is
Records of other facts relating to the international registration
The International Bureau shall record 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 owner) of the international registration and any other
relevant fact concerning such representative,
III) any limitation on the products and services listed in the international registration for
all Contracting Parties or for some of them,
IV) every renunciation, cancellation or invalidation of the international registration
for all the Contracting Parties or for some of them,
In any other relevant data) referred to in the regulations, which relates to the
rights to an internationally registered trade mark.
Article 9 ter
Fees for some of the records
Every record referred to in article 9 or under article 9 bis may be subject to
charges will apply.
Article 9quater
Common Office of several Contracting States
1) Agrees to several Contracting States on unification of their national
the legislation on marks, may notify the
the Director,
I) that their national authorities shall be replaced by the joint office and
(II)) that, for the implementation of all the provisions that preceded this article,
or some of them, as well as the provisions of Articles 9quinquies and 9 sexies, the entire
their respective territories shall be deemed a single State.
2) this notification shall not take effect earlier than three months after the date on which it is
the Director-General shall inform the other Contracting Parties.
Article 9quinquies
Conversion of an international registration into national or regional applications
In the event that the international registration is cancelled at the request of the Office of origin referred to in
Article 6 (1). 4 for all products and services referred to in that
registration or for some of them, and the person who was the owner of the
the international registration shall submit the application for registration of the same trade mark in
the Office of a Contracting Party on whose territory the international registration
valid, will dispose of this application as if it were made to
the date of the international registration pursuant to article 3, paragraph 3. 4 or on the date
Noting the territorial extensions pursuant to article 3 ter para. 2, and if
the international registration enjoyed priority, enjoy this application will be
the same priority date, provided that the
I) such application is filed within three months from the date on which the
the international registration was cancelled,
(II)), the goods and services listed in the application form will be for the contracting party to which
an application concerns, in fact covered by the list of goods and services contained
in the international registration, and
III) such application will meet all the requirements of the applicable
law, including the requirements concerning fees.
Article 9 sexies
Relations between States that are party to both this Protocol and
The Madrid (Stockholm) agreement
(1) (a) this Protocol Alone shall apply, as regards the mutual relations
States which are party to both this Protocol and the Madrid Agreement in the
the Stockholm final.
(b) Notwithstanding subparagraph (a), a declaration made under article
5 (2) (b), article 5 (2) (c) or article 8 (7) of this Protocol, a State which
is party to both this Protocol and the Madrid (Stockholm) agreement
the text has no effect in the relations with another State party to the
to both this Protocol and the Madrid (Stockholm) agreement.
(2) the Assembly shall, after the expiry of three years from 1. September 2008,
the application of paragraph (1) (b) and the three quarter majority at any time
then, cancel or limit its range. The right to participate in the vote
The Assembly has only those States that are party to both the Madrid Agreement
(Stockholm), of this Protocol.
Article 10
The Assembly of the
1)
and) the Contracting Parties are members of the same Assembly, as Member States
The Madrid (Stockholm) agreement.
(b) each Contracting Party shall be represented by) in that Assembly by one delegate,
that can have its representatives, advisers and experts.
(c) the expenses of each delegation shall be borne by) the Contracting Party that has appointed it, with
the exception of the travel and subsistence costs of one delegate from each Contracting
the parties, which shall be paid from the funds of the Union.
2) in addition to the features that the Assembly hold under the Madrid Agreement in the
the Stockholm text, the Assembly also
I) shall examine all matters the implementation of this Protocol;
II) gives instructions for preparing the International Bureau conferences for the revision of the
This Protocol, taking into account the comments made by those countries of the Union,
that are not party to this Protocol;
(III)) shall be approved and amended provisions of the regulations relating to the
the implementation of this Protocol;
IV) performs all other functions as are appropriate under this Protocol.
3)
and) each Contracting Party shall have one vote in the Assembly. The Contracting Parties,
that are not party to the Madrid (Stockholm) agreement, they do not
the right to vote on matters which concern only Member States
that agreement, on matters concerning only the
the Contracting Parties shall have the right to vote only to those Contracting Parties.
(b)) half of the members of the Assembly having the right to vote on the
Affairs, forming for the purpose of voting on this matter a quorum.
c) Notwithstanding the provisions of subparagraph (b)), if the number of meetings
represented by the members of the Assembly having the right to vote on the
Affairs, less than half, but equal to or greater than the
one-third of the members of the Assembly having the right to vote on this
matter, the Assembly may make decisions; decision of the Assembly
but, with the exception of decisions on procedural matters, a
If the following conditions are met. The International Bureau shall notify the
the said decisions to the members of the Assembly having the right to vote on
These issues, and who were not represented and shall invite them to within
three months from the date of this notice, in writing, submitting their vote or
abstenci. If, after the expiry of this period is the number of such members having thus
cast your vote or abstenci at least the same as the number of members,
which was lacking for attaining the quorum in the session, will take this decision
efficiency, provided that at the same time reaches the necessary majority.
(d)), in addition to the provisions of articles 5 (3). 2 (a). (e)), 9 sexies para. 2, 12 and
in article 13(3). 2 the decision of the Assembly shall be adopted by a two thirds majority
of the votes cast.
e) Abstence is not considered a vote.
(f)), one delegate may represent only one member of the Assembly and may
only vote on his behalf.
4) in addition to the ordinary and extraordinary sessions under the Madrid Agreement in the
the Stockholm text, the Assembly meets the special meeting of the
svolávaným by the Director General, at the request of one quarter of the members of the
The Assembly having the right to vote on the matters proposed to
the agenda of the meeting. The agenda of such a special session
prepared by the Director General.
Article 11
The International Bureau
1) the International Bureau shall perform the international registrations and related
obligations, as well as other administrative tasks pursuant to this
Log on or in connection with it.
2)
and follow the instructions to prepare the Assembly), the International Bureau of the Conference for
the revision of this Protocol.
(b)), the International Bureau may prepare referred to conferences for the revision of the
consult with intergovernmental and international non-governmental organizations.
(c) the discussions at those conferences) for participating in the review without
the voting rights of the Director General and persons designated by it.
3) the International Bureau shall carry out any other tasks assigned to it in relation to the
This Log is stored.
Article 12
Finance
As regards the Contracting Party is governed by the financial affairs of the Union the same
provisions, such as the provisions of article 12 of the Madrid Agreement in the
the Stockholm version, with the expectation that any reference to article 8 of the said
The agreement means a reference to article 8 of this Protocol. In addition, it has
for the purposes of article 12, paragraph 1. 6 (a). (b)) of the said agreement for that Contracting
the Organization belongs to the contribution class I (one) under the Paris Convention
on the protection of industrial property, unless the Assembly shall take
unanimously reversed the decision.
Article 13
Changes to some articles of the Protocol
1) proposals for the amendment of articles 10, 11, 12 and this article may be submitted by any
the Contracting Party or the Director-General. The Director-General shall notify such
proposals to the Contracting Parties at least six months prior to their assessment of the
The Assembly.
2) any change in the articles referred to in paragraph 1 shall approve Assembly. To
approval should be three-fourths of the votes cast; but to every change
Article 10 and of this paragraph must be four-fifths of the votes cast.
3) any change in the articles referred to in paragraph 1 shall become valid one
a month after the Director receives a written notification of their
approval in accordance with their respective constitutional rules, three-fourths of the States and
intergovernmental organizations which were members of the Assembly at the time of the approval of the
This change and which have the right to vote on this change. Each as follows
approved amendment of those articles is binding on all States and intergovernmental
the Organization, which are Contracting Parties at the time of entry into force of this
changes, or that they will become to any later date.
Article 14
Membership in the Protocol into force
1)
a) party to this Protocol, each Member State may become the Paris
Convention for the protection of industrial property.
(b)) in addition, may become a Contracting Party to the Protocol also each
intergovernmental organizations under the following conditions:
I) at least one of the Member States of that organisation is a party to the Paris
Convention for the protection of industrial property;
(II)) that organization has a regional Office for the registrations of trade marks
with effect in the territory of the Organization, provided that such Office is not
authority within the meaning of a notification under Article 9quater.
2) may sign this Protocol, any State or organization referred to in
paragraph 1. Any State or organisation referred to in paragraph 1 may,
If you have signed this Protocol, deposit the instrument of ratification, acceptance,
or approval of this Protocol or, if it has not signed this Protocol,
can save the instrument of accession to this Protocol.
3) Documents referred to in paragraph 2 shall be deposited with the Director-General.
4)
and) the Protocol will take effect three months after four instruments of
ratification, acceptance, approval or accession, provided that the
at least one of those instruments, order the Member State to the Madrid Agreement in the
the Stockholm text of and at least one other of those instruments has saved
nonmember State of the Madrid (Stockholm) agreement or organization
referred to in paragraph 1 (b). (b)).
(b)) for each State or organization referred to in paragraph 1 shall take
the validity of this Protocol three months after the date on which the Director-General
announced its ratification, acceptance, approval or access.
5) each State or organisation referred to in paragraph 1 may, when depositing
the instruments of ratification, acceptance or approval of this Protocol or
the instrument of accession to the Protocol, declare that the aforesaid to this
State or organisation not covered by the extension of protection of an international registration
effected under this Protocol before the date of entry into force of
the said Protocol in respect of that State or organization.
Article 15
Notice of termination
1) this Protocol shall remain in force indefinitely.
2) any Contracting Party may denounce this Protocol by notification
addressed to the Director General.
3) termination shall take effect one year after the day on which the Director-General
This notification is received.
4) the right to notice of termination provided for by this article, no Contracting Party
to execute before the expiry of five years from the date when that Contracting Party
This Protocol came into force.
5)
and) If an internationally registered trade mark valid on the date of effectiveness of the
testimony in the State or intergovernmental organization that tell this
The Protocol, the holder of the registration filed with the Office of that State, or
an intergovernmental organisation, the application of the same trade mark, which will be
treated as if it had been filed on the date of the international registration in accordance with
Article 3, paragraph 3. 4 or to the date of the record of the territorial extensions pursuant to article 3
TER para. 2 and that, if an international registration shall enjoy the right of priority,
you will enjoy the same priority, provided that
I) such application is filed within two years from the date on which the notice of termination
became effective,
(II)), the goods and services listed in the application form will be for the State or intergovernmental
the Organization, which this Protocol is in fact covered by the list testified
the goods and services contained in the international registration, and
III) such application will meet all the requirements of the applicable
law, including the requirements concerning fees.
(b)) the provisions of subparagraph a) apply also to any internationally
registered trade mark valid at the date of entry into force of the testimony of the
the territory of the other Contracting Parties other than the State or intergovernmental organization,
that speaks volumes, whose owner is not as a result of the testimony
no longer entitled to submit an international application referred to in article 2 (2). 1.
Article 16
Signature; languages; Save
1)
and this Protocol is signed) in a single original in the Dutch,
English and Spanish, and to end its opening for signature at the
Madrid, shall be deposited with the Director-General. The texts in the three
languages are equally authentic.
(b) after consultation with the relevant) Governments and organisations shall draw up the General
Director of the official texts of this Protocol, in the Arabic, Chinese, German,
Italian, Japanese, Portuguese and Russian languages, and in other languages
the Assembly may designate.
2) this Protocol shall remain open for signature at Madrid until 31 December 2006. December
1989.
3) the Director General shall transmit two copies of the signed texts of this
Log, certified by the Spanish Government, to all States and intergovernmental
organizations that may become party to this Protocol.
4) General Manager can register this Protocol with the Secretariat of
Of the United Nations.
5) the Director General shall notify all States and international organisations,
that may become or are party to this Protocol, signatures,
deposit of instruments of ratification, acceptance, approval or accession, the acquisition
the validity of this Protocol and any amendment thereof, each notice of
the testimony and any declaration under this Protocol.
*) "Article 5 (2) (e) of the Protocol is understood as allowing the Assembly of
examine the functionality of the system provided for in subparagraphs a) to (d)),
and any change in the provisions of the said subparagraphs requires
the unanimous decision of the Assembly.
