(1) The countries to which this Agreement applies constitute a Special Union for the international registration of marks.

(2) Nationals of each contracting country may, in all other countries party to this Agreement, ensure the protection of their Marks in respect of goods or services registered in the country of origin, subject to Filing of such marks at the International Bureau for the Protection of Industrial Property, made through the Authority of the said country of origin.

(3) A country of origin shall be considered to be the country of the Special Union where the applicant has a real and effective industrial or commercial establishment; if he does not have such an establishment in a country of the Special Union, the country of the Union If he has no domicile in the Special Union, the country of his nationality if he is a national of a country of the Special Union.

Nationals of countries who have not acceded to this Agreement which, in the territory of the Special Union established by the latter, satisfy the conditions established by Article 3 of the Paris Convention for the Protection of Industrial Property ¹ .

(1) An application for international registration shall be made on the form prescribed by the Regulations ¹ ; the Administration of the country of origin of the mark shall certify that the indications appearing on that application correspond to those of the national register and shall mention the dates and numbers of the filing and registration of the mark in the country And the date of the application for international registration.

(2) The applicant shall indicate the goods or services for which protection of the mark is claimed, as well as, if possible, the corresponding class (s), according to the classification established by the Nice Agreement concerning International classification of goods and services to which trademark or trade marks apply ² If the applicant does not give such indication, the International Bureau will classify the goods or services in the corresponding classes of that classification. The classification indicated by the applicant will be subject to the control of the International Bureau which will exercise it in liaison with the National Authority, In the case of disagreement between the National Office and the International Bureau, the opinion of the International Bureau shall be Determining.

(3) If the applicant claims color as a distinctive feature of his mark, he shall be required to:

1 °

Declare and accompany the filing of a statement indicating the colour or combination of colors claimed,

2 °

To attach to its application the color copies of the said mark, which shall be annexed to the notifications made by the International Bureau. The number of such copies shall be fixed by the Regulations.

(4) The International Bureau shall immediately register the marks filed in accordance with Article 1. The registration shall bear the date of the application for international registration in the country of origin provided that the application has been received by the International Bureau within the period of two months from that date. If the application has not been received within that time limit, the International Bureau shall record it on the date on which it was received. The International Bureau shall notify this registration without delay to the Offices concerned. Registered marks shall be published in a periodical sheet edited by the International Bureau, by means of the indications contained in the application for registration. In the case of marks with a figurative element or a special graphic design, the Regulations will determine whether a dump should be provided by the applicant.

(5) With a view to the advertising to be given in the contracting countries to registered marks, each Authority shall receive from the International Bureau a number of free copies and a number of copies at reduced prices of the said publication Proportional to the number of units, according to the provisions of Article 13 (8) of the Paris Convention for the Protection of Industrial Property ³ , under the conditions laid down in the Regulations. Such publicity shall be considered in all the contracting countries as fully sufficient and no other shall be required of the applicant.

(1) Each contracting country may, at any time, notify the Government of the Swiss Confederation in writing that the protection resulting from the international registration shall extend to that country only if the proprietor of the trade mark so expressly requests.

(2) Such notification shall take effect only six months after the date of the communication by the Government of the Swiss Confederation to the other contracting countries. However, this time limit shall not apply to countries which, upon ratification or accession, will use the faculty provided by paragraph (1).

(1) The application for extension to a country which has made use of the option open by Article 3 ^Bis Of the protection resulting from the international registration shall be the subject of a special mention in the application referred to in Article 3 (1).

(2) The request for territorial extension formulated after the international registration shall be submitted through the Office of the Country of Origin on a form prescribed by the Regulations ¹ It shall be immediately registered by the International Bureau, which shall notify it without delay to the relevant Office (s). It will be published in the periodical sheet edited by the International Bureau. This territorial extension will have effect from the date on which it is recorded on the International Register; it will cease to be valid at the end of the international registration of the mark to which it relates.

(1) From the registration so made to the International Bureau in accordance with the provisions of Articles 3 and 3 ^Ter , the protection of the mark in each of the contracting countries concerned shall be the same as if that mark had been directly deposited there. The classification of goods or services provided for in Article 3 shall not bind the contracting countries as to the assessment of the extent of the protection of the mark.

(2) Any mark which has been the subject of an international registration shall enjoy the right of priority established by Article 4 of the Paris Convention for the Protection of Industrial Property ¹ Without the need to carry out the formalities laid down in letter D of this Article.

(1) Where a mark, already filed in one or more of the contracting countries, has subsequently been registered by the International Bureau on behalf of the same holder or his successor in title, the international registration shall be considered to be substituted for Prior national registrations, without prejudice to the rights acquired by the latter.

(2) The National Authority shall, on request, take note, in its registers, of the international registration.

(1) In the countries where their law permits them, the Offices to which the International Bureau will notify the registration of a mark, or the request for extension of protection made in accordance with Article 3 ^Ter , will have the right to declare that protection cannot be granted to that mark in their territory. Such refusal may be refused only under the conditions which would apply, under the Paris Convention for the Protection of Industrial Property ¹ , to a trademark registered in the national registration. However, protection may not be refused, even in part, on the sole ground that national legislation would allow registration only in a limited number of classes or for a limited number of goods or services.

(2) The Offices which wish to exercise this right shall notify their refusal with indication of all the grounds, at the International Bureau, within the period provided for in their national law and, at the latest, before the end of a year counted from The international registration of the mark or the request for extension of protection made in accordance with Article 3 ^Ter .

(3) The International Bureau shall transmit without delay to the Office of the country of origin and to the owner of the mark or his representative, if it has been indicated to the Bureau by the said Authority, one of the copies of the declaration of refusal thus Notified. The person concerned shall have the same remedies as if the mark had been directly deposited in the country in which protection is refused.

(4) The grounds for refusal of a mark shall be communicated by the International Bureau to those concerned who so request.

(5) The Offices which, within the said maximum period of one year, have not communicated in respect of a registration of a mark or a request for extension of protection no decision of provisional or definitive refusal to the International Bureau shall lose The benefit of the faculty provided for in paragraph (1) of this section in respect of the mark in question.

(6) The invalidation of an international mark shall not be pronounced by the competent authorities without the proprietor of the mark being able to assert his rights in good time. It shall be notified to the International Bureau.

Documentary evidence of the legitimacy of the use of certain elements contained in trademarks, such as coats of arms, badges, portraits, honours, titles, trade names or names of persons other than the applicant, or others Similar entries, which may be claimed by the Offices of the contracting countries, shall be exempt from legalization, as well as any certification other than that of the State of origin.

(1) The International Bureau shall issue to any person who requests it, subject to a fee fixed by the Regulations ¹ , a copy of the entries in the Register in respect of a particular mark.

(2) The International Bureau may also, for remuneration, undertake searches for prior art among international marks.

(3) Extracts from the International Register requested for production in one of the contracting countries shall be exempt from legalization.

(1) The registration of a mark at the International Bureau shall be effected for twenty years (subject to what is provided for in Article 8 in the case where the applicant has paid only a fraction of the international fee), with the possibility of Renewal under the conditions laid down in Article 7.

(2) At the expiration of a period of five years from the date of the international registration, the international registration shall become independent of the national mark previously registered in the country of origin, subject to the following provisions.

(3) The protection resulting from the international registration, whether or not transmitted, may no longer be invoked in whole or in part where, within five years of the date of the international registration, the national trade mark, Previously registered in the country of origin under Article 1, will no longer enjoy all or part of the legal protection in that country. The same shall apply where such legal protection has subsequently ceased as a result of an action brought before the expiry of the five-year period.

(4) In the case of voluntary or ex officio cancellation, the Office of the country of origin shall request the cancellation of the mark at the International Bureau, which shall carry out that operation. In case of judicial action, the said Authority shall communicate to the International Bureau, ex officio or at the request of the applicant, a copy of the act of introduction of the proceeding or any other document justifying this introduction, as well as the judgment The Bureau shall make such reference to the International Register.

(1) The registration may still be renewed for a period of twenty years, from the expiration of the previous period, by the simple payment of the basic fee and, where applicable, supplementary fees and supplements Of the emoluments provided for in Article 8 (2).

(2) Renewal may not include any change from the previous registration in its last condition.

(3) The first renewal effected after the entry into force of this Act shall contain the indication of the classes of the International Classification to which the registration relates.

(4) Six months before the expiry of the term of protection, the International Bureau shall, by sending an unofficial notice, remind the proprietor of the mark and his representative of the exact date of that expiry.

(5) Subject to the payment of a surcharge fixed by the Regulations ¹ A grace period of six months will be granted for the renewal of the international registration.

(1) The Authority of the country of origin shall have the right to determine at its own discretion and to collect a national fee for its own benefit from the holder of the mark whose international registration or renewal is requested.

(2) The registration of a mark at the International Bureau shall be subject to the prior regulation of an international fee which shall include:

A.

A basic fee of 200 Swiss francs for the first mark and 150 Swiss francs for each of the following marks filed at the same time as the first mark;

B.

An additional fee of 25 Swiss francs for any class of the International Classification in addition to the third in which the goods or services to which the mark applies belong,

C.

A further fee of 25 Swiss francs per country for any request for extension of protection in accordance with Article 3 ^Ter .

(3) However, the additional fee specified in paragraph (2), letter b, may be settled within a time limit to be fixed by the Regulations ² , if the number of classes of goods or services has been fixed or disputed by the International Bureau and without prejudice to the date of registration. If, at the expiration of the said time limit, the supplementary fee has not been paid or the list of goods or services has not been reduced by the applicant to the extent necessary, the application for international registration shall be considered as Abandoned.

(4) The annual proceeds of the various income of the international registration, other than those provided for in subparagraph (b) and (c) of paragraph (2), shall be apportioned equally among the countries party to this Act by the International Bureau, after Deduction of the costs and expenses necessary for the implementation of the said Act.

If, at the time of entry into force of this Act, a country has not yet acceded to the Hague Act ³ , or London ⁴ , it shall have the right, until the date of entry into force of its accession, only to a distribution of the surplus of revenue calculated on the basis of the old texts.

(5) The amounts arising from the supplementary fees referred to in subparagraph (2) (b) shall be distributed at the expiration of each year between the countries party to this Act in proportion to the number of marks for which protection has been In each of them during the preceding year, that number being affected, in respect of the countries for prior examination, by a coefficient which will be determined by the Regulations.

(6) The amounts derived from the complementary fees referred to in paragraph (2), letter c, shall be distributed according to the rules of paragraph (5) between countries which have availed themselves of the faculty provided for in Article 3 ^Bis .

(7) With respect to the basic fee, the applicant will be entitled to pay at the time of the application for international registration only a basic amount of 125 Swiss francs for the first mark and 100 Swiss francs for each Trademarks at the same time as the first.

(8) If the applicant makes use of this option, he shall, before the expiration of ten years, counted from the international registration, pay to the International Bureau a basic balance of 100 Swiss francs for the first Mark and 75 Swiss francs for each of the marks filed at the same time as the first, failing which, at the expiration of that period, it will lose the benefit of its registration. Six months before that expiry, the International Bureau will remind the applicant and his representative, by sending an unofficial notice, the exact date of the expiration. If the balance of basic fees is not paid before the expiration of that time limit at the International Bureau, the International Bureau shall cancel the mark, notify the National Authorities and publish it in its journal. If the balance owing for marks filed at the same time is not paid in one single time, the applicant will have to designate exactly the marks for which he intends to pay the balance and pay 100 Swiss francs for the first mark of each series.

(9) With respect to the ten-year time limit referred to above, the provision in Article 7, paragraph (5), shall apply mutatis mutandis.

The holder of the international registration may still waive the protection in one or more of the contracting countries, by means of a declaration furnished to the Authority of his country, to be communicated to the International Bureau, which shall Notify countries that this renunciation concerns. It is not subject to any tax.

(1) The Authority of the country of the holder shall also notify the International Bureau of cancellations, cancellations, renunciations, transmissions and other changes in the registration of the mark in the national register, if such changes Also affect the international registration.

(2) The Bureau shall record such changes in the International Register, notify them in turn to the Offices of the contracting countries and publish them in its journal.

(3) The same shall be done when the holder of the international registration requests to reduce the list of goods or services to which this registration applies.

(4) Such operations may be subject to a fee fixed by the Regulations ¹ .

(5) The subsequent addition of a new product or service to the list may be obtained only by a new deposit made in accordance with the requirements of Article 3.

(6) In addition, the substitution of one product or service to another is assimilated.

(1) Where a mark recorded in the International Register is transmitted to a person established in a Contracting Country other than the country of the holder of the international registration, the transmittal will be notified to the International Bureau by The Administration of the same country. The International Bureau will record the transmission, notify it to other Authorities and publish it in its journal. If the transmittal has been effected before the expiration of five years from the international registration, the International Bureau will seek the consent of the Authority of the country of the new holder and shall publish, if possible, the date and The registration number of the mark in the country of the new owner.

(2) No transmission of a mark recorded in the International Register for the benefit of a person who is not entitled to file an international mark shall be registered.

(3) Where a transmission has not been recorded in the International Register, either as a result of the refusal of the consent of the country of the new holder, or because it has been made for the benefit of a person who is not allowed to apply for registration International, the Administration of the country of the former holder shall have the right to request the International Bureau to cancel the mark on its Register.

(1) If an assignment of an international mark for only part of the registered goods or services is notified to the International Bureau, the International Bureau shall record it in its Register. Each of the contracting countries shall have the right not to admit the validity of such assignment if the goods or services included in the assigned part are similar to those for which the mark remains registered for the benefit of the assignor.

(2) The International Bureau shall also record an assignment of the international mark for one or more of the contracting countries only.

(3) If, in the preceding cases, there is a change in the country of the holder, the Authority to which the new holder shall be entitled shall, if the international mark has been transmitted before the expiry of the five-year period from The international registration, give the consent required in accordance with Article 9 ^Bis .

(4) The provisions of the preceding paragraphs shall apply only under the provisions of Article 6 ^Cc Of the Paris Convention for the Protection of Industrial Property ¹ .

(1) If several countries of the Special Union agree to achieve the unification of their national trade mark laws, they may notify the Government of the Swiss Confederation:

A.

That a Joint Administration shall be substituted for the national administration of each of them, and

B.

That all of their respective territories shall be considered as a single country for the purposes of this Agreement in whole or in part.

(2) Such notification shall take effect only six months after the date of the communication by the Government of the Swiss Confederation to the other contracting countries.

(1) The Administrations shall, by mutual agreement, settle the details of the performance of this Agreement.

(2) A Committee of Directors of the National Industrial Property Offices of the Special Union shall be established at the International Bureau. It shall meet on convocation by the Director of the International Bureau or at the request of five countries, party to the Agreement, at intervals not exceeding five years. The Council appoints a restricted council, which may be responsible for specific tasks and meets at least once a year.

(3) The functions of this Committee shall be advisory.

(4) However:

A.

Subject to the general powers conferred on the High Supervisory Authority, it may, on a reasoned proposal by the Director of the International Bureau, and pronouncing unanimously from the countries represented, amend the amount of the fees provided for in the Article 8 of this Agreement;

B.

It shall establish and amend, by the unanimity of the countries represented, the Regulations under this Agreement.

C.

The Directors of the National Industrial Property Offices may delegate their credentials to the representative of another country.

(1) The countries of the Union for the Protection of Industrial Property which have not taken part in this Agreement shall be admitted to accede thereto on their application and in the form prescribed by Article 16 of the Paris Convention for the Protection of Industrial Property Industrial property ¹ This accession will only be valid for the text referred to in the last place of the Agreement.

(2) As soon as the International Bureau is informed that a country or any country or part of the countries or territories of which it has external relations has acceded to this Agreement, it shall send to the Administration of that country, in accordance with Article 3, a Collective notification of marks which, at that time, will enjoy international protection.

(3) Such notification shall, by itself, ensure the said trade marks, the benefit of the previous provisions in the territory of the acceding country and shall run the period of one year during which the Administration concerned may make the declaration provided for by the Article 5.

(4) However, each country, by acceding to this Agreement, may declare that, except in respect of international trade marks which have already done previously in that country the subject of an identical national registration still in force and which Shall be recognized immediately upon the request of the persons concerned, the application of this Act shall be limited to the marks which will be registered from the day on which that accession becomes effective.

(5) This declaration shall provide the International Bureau with the necessary collective notification. It shall confine itself to notifying the trade marks in favour of which the request to be made for the benefit of the exception provided for in the preceding paragraph shall, with the necessary particulars, reach it within one year from the accession of the new country.

The International Bureau will not make a collective notification to countries which, by acceding to the Madrid Agreement, declare that they will use the option provided for in Article 3 ^Bis These countries may also declare simultaneously that the application of this Act will be limited to marks which will be registered from the day on which their accession becomes effective-this limitation will not, however, reach the marks Which have already been the subject of an identical national registration in those countries which may give rise to requests for extension of protection formulated and notified in accordance with Article 3 ^Ter And 8, paragraph (2), letter c.

(6) Registrations of marks which have been the subject of one of the notifications provided for in that Article shall be deemed to be substituted for registrations effected directly in the new contracting country before the actual date of its accession.

(7) The provisions of Article 16 ^Bis Of the Paris Convention for the Protection of Industrial Property ² Apply to this Agreement.

In the case of denunciation of this Agreement, Article 17 ^Bis Of the Paris Convention for the Protection of Industrial Property ¹ Rule. International trade marks registered up to the date on which the denunciation becomes effective, and not refused in the year provided for in Article 5, shall continue, for the duration of the international protection, to enjoy the same protection If they had been deposited directly in that country.

(1) This Agreement shall be ratified and the ratifications shall be deposited in Paris as soon as possible.

(2) It shall enter into force between the countries on whose behalf it has been ratified or acceded to by virtue of Article 11, paragraph (1), where at least twelve countries have ratified or acceded to it, two years after the deposit of the twelfth Instrument of ratification or accession has been notified to them by the Government of the Swiss Confederation, and will have the same force and duration as the Paris Convention for the Protection of Industrial Property ¹ .

(3) In respect of countries which deposit their instruments of ratification or accession after the deposit of the twelfth instrument of ratification or accession, it shall enter into force in accordance with the rules of Article 16 of the Paris Convention ² However, this entry into force shall in any event be subject to the expiry of the period laid down in the preceding paragraph.

(4) This Act shall replace, in all relations between the countries on whose behalf it has been ratified or acceded to, from the day on which it enters into force in respect of them, the Madrid Agreement of 1891, in its texts before this Act ³ However, each country which has ratified or acceded to this Act shall remain subject to previous texts in its relations with those countries which have not ratified or acceded to it, unless the country has expressly declared that it has ratified or acceded to this Act. No longer want to be bound by these texts. This declaration shall be notified to the Government of the Swiss Confederation. It shall have effect only twelve months after its receipt by the said Government.

(5) The International Bureau shall, in agreement with the countries concerned, settle any administrative measures of adaptation that may be appropriate for the performance of the provisions of this Agreement.

(Suivent signatures)