Advanced Search

Madrid On The International Registration Of Marks

Original Language Title: Madridská o mezinárodním zápisu továrních nebo obchodních známek

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
24/1933 Coll.



Madrid Agreement



of 14 July 1999. April 1891 on international registration or business

marks, revised in Brussels on 14 May. in December 1900, the day Washington DC

on June 2, 1911, and at the Hague on 6. November 1925.



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.



ON BEHALF OF THE CZECH REPUBLIC, GERMANY, AUSTRIA, BELGIUM, BRAZIL,

CUBA, FREE CITY OF GDANSKA, SPAIN, FRANCE, HUNGARY, ITALY,

MOROCCO, MEXICO, THE NETHERLANDS, PORTUGAL, THE KINGDOM OF SERBS, CROATS AND

SLOVENES, SWITZERLAND, TUNISIA AND TURKEY WAS NEGOTIATED THIS AGREEMENT:



(Translation.)



Madrid Agreement



of 14 July 1999. April 1891 on international registration or business

marks, revised in Brussels on 14 May. in December 1900, the day Washington DC

on June 2, 1911, and at the Hague on 6. November 1925.



The undersigned, being duly authorised thereto by their respective Governments, they agreed with the joint

the agreement in the following text, which replaces the agreement of Madrid of the 14.

April 1891, revised in Washington DC on 2 February 2005. June 1911, namely:



Article 1.



The members of each of the countries will be able to end in all

other countries protect their factory or trade marks,

registered in the country of origin, by the way, that those signs of signs in the

International Bureau in Bern through the Office of that country of origin.



To determine the country of origin of the relevant provisions of article 6. the main

the EU Convention on the protection of the ownership of the trades.



Article 2.



Nationals of the contracting countries are on a par with those subjects neb

citizens of countries which are not acceding to this Agreement who, within the territory of closer Union

created by this agreement, satisfy the conditions laid down in article 3.

the main Convention.



Article 3.



Each application for registration must be presented on the form prescribed in the

the implementing regulation and the Office of the country of origin of the mark shall certify that the particulars which

included in these applications, match the data of the national

the register.



If the applicant requests a color as a distinctive character of its mark,

will be required to:



1. specifically it make a Mormon out and připojiti to your application, note

specifying the color or the color report;



2. připojiti color prints to my application of that mark, that will be

attached to the notification by the International Bureau. The number of these

the fingerprint will be determined by the implementing regulation.



The International Bureau shall register immediately the marks writes logged-in under

the article first. Write about this without delay, inform the individual offices.

Registered marks shall be published in the periodical Gazette, the newsletter

the International Bureau, in accordance with the information contained in the application for registration, and

According to the supplied by the applicant also.



To the registered marks were in the contracting countries listed in a general acquaintance

each Office shall receive from the International Bureau so many specimens referred to

the publication, how many of them will insist on. This publication is thought me in

all of the countries for the very pleasant and no others shall be on

the applicant is required.



Article 4.



Since when was written with the International Bureau, the

mark in each contracting country just as protected as if there was

It used to be directly logged on to.



Every mark which has been registered internationally, the požívati priority

the right provided for in article 4. the main Convention, which may not be met

the formalities referred to in subparagraph (d)) of that article.



Article 4b.



When some of the trademark, registered already in one or more of the contracting countries,

It was later recorded by the International Bureau for the same owner, or his

successor in title, the international registration will be considered a record, which

He earlier national registrations, without prejudice to the rights, however

acquired these entries.



Article 5.



In those countries where their laws authorising them to do so, the authorities may,

which the International Bureau shall notify the registration of certain marks, make a Mormon out that

This mark cannot be granted protection in their territory. Such

However, the possible refusal will make only those conditions which, according to

the main Convention apply to the mark applied for to the national registration.



The authorities will use the bull that permission must reject

stating the reasons for oznámiti to the International Bureau, within the time limit laid down

their national law, but at the latest before the end of the year, including

from the international registration of the mark.



The International Bureau shall send without delay to the Office of the country of origin and the owner of the mark,

or his representative, if one has been notified to the International Bureau by the Office, keeping in mind the

a copy of the odmítavého Declaration, that he was this way

notified. The participant will have the same legal remedies as if the

Mark used to be directly applied in the country where protection was rejected.



The offices in the said period of one year do not submit any message

the International Bureau will have considered that the mark they have adopted.



Article 5b.



Papers on the right part of the battle dragons certain signs-such as the BC.

characters, shields, portraits, honors, titles, business or personal names

other than the name of the přihlašovatelovo, or any other similar indications-that would

authorities of the contracting countries perhaps required, shall be exempt from any other

confirmation of validation than the neb confirm the verification authority of the country of origin of the neb.



Article 5 c.



The International Bureau shall issue the implementing regulation for a fee to anyone

who so requests a copy of the data registered in a certain grade.



You may also search for consideration konati in international marks after

earlier registrations.



Article 6.



The protection resulting from the registration at the International Bureau takes twenty years,

counting from this entry (subject to what is provided for in article

8. for the case, that the applicant will pay only a part of the international

fee); However, you cannot insist on protection for the mark already does not enjoy

legal protection in the country of origin.



Article 7.



The registration may be renewed each time, by the rules of article 1. up to 3. to the next

the period of 20 years, counted from the date of renewal.



Six months before the expiry of the protection period, the International Bureau will remind

the official reminder owner signs the exact date when this period has expired.



If the mark is made to restore the previous application has been changed in your

the form, the authorities may odmítnouti zapsati it as reconstruction and the same right to

in that case, if there is a change in the information of the goods for which it is to be

the mark must be used, the participant will be informed by the International Bureau

the opposition, not renouncing the protection for all goods other than

that was the same words as indicated by the early registration.



When the mark is not allowed as a recovery, he will be přihlédnouti to

priority rights and other rights that have been acquired earlier.



Article 8.



The Office of the country of origin shall designate, at its discretion, and selects for itself the national

fee from the owner of the mark, the international registration is requested.



In addition to this fee will be collected (in Swiss francs)

international fee and fifty francs per mark and the first after the stu

francs for each mark applied for at the same time at the international

the Office for the same owner.



The applicant may pay the fee in the international application only

one hundred francs for first grade and after sedmdesátipěti francs for each additional

mark applied for at the same time with the first sign.



If the applicant uses this privilege must before the expiry of

10 years from the international registration shall pay at the International Bureau

Supplement sedmdesátipěti francs for first grade and fifty francs

for each mark applied for at the same time with the first sign, otherwise after

This deadline will lose the benefit of their writing. Six months before the

expiry of that period, the International Bureau will remind for each case of official

reminder to the applicant for the exact date when the deadline expires. If it is not

the balance has been paid to the International Bureau before the expiry of this deadline, clears the

This Office, inform the authorities about it and publish it on your worksheet.



If the list of goods for which protection is sought, will obsahovati more

than one hundred words, writes mark only after the payment of additional fees, which

will be specified in the implementing regulation.



The annual proceeds from the individual income for international registration after a collision

common expenditure necessary for the implementation of this agreement, the care

the International Office is divided equally among the contracting country.



If a country has not ratified even this revised agreement in

the time when the Act came into effect, until the day he will have their subsequent

access claim only on the distribution of surplus income, calculated on the

based on the earlier charges.



Article 8b.



The owner of a mark may at any time renounce protection in one or

more of the contracting countries by submitting an appropriate statement of the Office of the country of

the origin of the mark; This statement shall be sent to the International Bureau that the

It shall notify those countries covered by the terms of this disclaimer.



Article 9.



The Office of the country of origin to the International Bureau shall notify the cancellation, erasure, Disclaimer,

transfers, and other changes in registration of the mark.



The International Bureau shall enter such changes in the international register, shall submit himself

a report to the authorities of the contracting countries, and shall publish them in its data sheet.




It will be followed in the same way, when the owner of the mark shall request that the

obmezen the list of goods for which the mark is intended.



For these acts may be required fee, to be determined by the implementing

provision.



Additional connection of a new item to the list may be

achieved a new application made under the provisions of article 3.



The connection is on a par with built to replace one goods other goods.



Article 9b.



If the mark registered in the international register, it converts to a person

conservative in some other contracting country other than the country of origin of the mark will be

This transfer is notified to the International Bureau by the Office of the country of origin.

The International Bureau shall, upon receipt of the consent of the authority, to which it is for the new

owner, writes the transfer to register, communicated to the other authorities and

publish it in your worksheet, and, if possible, the date and number of the

registration of the mark in her new country of origin.



The transfer of the mark registered in the international register to a person who is not

granted to the application form, the mark entered in the register.



Article 9 c.



The provisions of article 9. and 9 (b). transfers do not affect in any way the laws

of the countries that prohibit the transfer of the mark without the current conversion

trade or business establishment whose goods mark.



Article 10.



Authorities adjusted by mutual agreement, the details concerning the implementation of this

the agreement.



Article 11.



Countries that are members of the Union for the protection of trade licensing and ownership

nesúčastnily to this agreement, will be able, if they so request, přistoupiti

to it in the form prescribed by the main Convention.



As soon as the International Bureau will be informed that some countries or some of the

its settlements to accede to this agreement, it shall, pursuant to article 3. the Office of the

the country's overall list of stamps, which at that time will be požívati international

the protection.



This notification shall provide the said marks the benefits of the foregoing provisions on

the territory of the acceding country and indicate in the running a one-year period within which

súčastněný the Office may make the Declaration referred to in article 5.



However, each country, přistupujíc to this agreement, will be able to make a Mormon out that-

subject to the international marks which have been previously in this country

the subject of identical and yet write in force and which, at the request of leads

they will be without further recognised-it will be possible to use this agreement only on those

the signs, which will be written starting with the date on which access shall take

efficiency.



This statement will be relieved of the obligations of the International Bureau zaslati

the above list of aggregate marks. Shall only report on those signs,

for that will be applied for the benefit of the exemption provided for in the preceding paragraph;

This application must obsahovati the necessary information and must be filed within the time limit

one year of access to new land.



Article 12.



This agreement shall be ratified and ratifications shall be deposited at the Hague,

not later than 1 January 1995. in May 1928.



Will take effect a month after that date and he will have the same force and

the same duration as the main Convention.



This Agreement replaces, in relations between the countries, which it will

ratifikovati, the Madrid Agreement of 1891, revised by r. in Washington DC

on 2 February 2005. June 1911. This last agreement, however, will remain in force in

relations between the countries which have not ratified this agreement.



The conscience of the respective agents have signed this agreement.



Done at the Hague, in a single copy, on 6. November 1925.



FOR GERMANY:



VIETINGHOFF.



v. SPECHT.



KLAUER.



ALBERT OSTERRIETH.



FOR AUSTRIA:



Dr. CARL DUSCHANEK.



Dr. HANS FORTWÄNGLER.



FOR BELGIUM:



CAPITAINE.



LOUIS ANDRÉ.



THOMAS BRAUN.



D. COPPIETERS.



FOR THE UNITED STATES: BRASILSKÉ



J. A. BARBOZA CARNEIRO.



CARLOS AMERICO BARBOSA DE OLIVEIRA.



IN CUBA:



R. DE LA TORRE.



FOR THE FREE CITY OF GDANSKO:



ST. KOŹMIŃSKI.



FOR SPAIN:



SANTIAGO MENDEZ DE VIGO.



FERNANDO CABELLO LAPIEDRA.



JOSÉ GARCIA MONGE.



FOR FRANCE:



CH. DE MARCILLY.



MARCEL PLAISANT.



CH. DROUETS.



GEORGES MAILLARD.



FOR HUNGARY:



CHARLES DE POMPÉRY.



FOR ITALY:



DOMENICO BARONE.



LETTERIO LABOCCETTA.



MARIO GHIRON.



IN MOROCCO:



CH. DE MARCILLY.



IN THE UNITED MEXICAN STATES:



JULIO POULAT.



FOR THE NETHERLANDS:



J. ALINGH PRINS.



BIJLEVELD.



DIJCKMEESTER.



IN PORTUGAL:



BANDEIRA.



FOR THE KINGDOM OF SERBS, CROATS AND SLOVENES:



Dr YANKO CHOUMANE.



MIHAILO PRÉDITCH.



FOR SWITZERLAND:



A. DE PURY.



W. KRAFT.



MENZEL:



BARÁČEK.



Prof. Dr. KARL HERMANN-OTAVSKY.



Ing. BOHUSLAV PAVLOUSEK.



IN TUNIS:



CH. DE MARCILLY.



FOR THE TURKEY:



ACCESSED THE CZECHOSLOVAK REPUBLIC RELATING TO THE MADRID AGREEMENT OF

April 14, 1891 concerning the international REGISTRATION of MARKS,

REVISED in Brussels on 14 May. In DECEMBER 1900, in WASHINGTON DC on 2 February 2005.

JUNE 1911, and at the Hague on 6. November 1925.



PRAGUE CASTLE on 23 December 2005. ONE THOUSAND YEARS OF THE 30TH OF DECEMBER, DEVÍTISTÉHO

The SECOND.



THE PRESIDENT OF THE REPUBLIC:



T. g. MASARYK in r.



L. S.



THE PRIME MINISTER



FOR THE MINISTER OF FOREIGN AFFAIRS:



MALYPETR in r.



Is announced, with the on access in the Czech Republic to this

The agreement, which the National Assembly of the Czechoslovak Republic expressed its

consent, was notified on 30 November. the Swiss Federal Government January 1933

the State, which it has announced other countries bound by the agreement of 3 October. February

1933, so the agreement referred to in article 11. takes for the Republic

Czechoslovak international scope of day 3. March 1933.



Agreement are bound by the following States:



Belgium, Brazil, France with Algeria, French Morocco and the colonies,

Italy with colonies of Eritrea and Italian Libií and the redoubt of the Aegean

Islands, Jihoslavie, Hungary, Mexico, Germany, the Netherlands with a Dutch

India, Suriname and Curaçao, Portugal, Austria, Spain, the

Spanish Morocco, Swiss, Tunis and Turkey.



Malypetr in r.



for the Minister, Dr. Edvard Beneš.