The States Parties to this Protocol (hereinafter referred to as "the Contracting States"), even if they are not party to the Madrid Agreement Concerning the International Registration of Marks ¹ Revised in Stockholm in 1967 and amended in 1979 (hereinafter referred to as "the Madrid Agreement (Stockholm)") , and organizations referred to in s. 14.1) (b) that are party to this Protocol (hereinafter referred to as "the Contracting Organizations") are members of the same Union of which countries are party to the Madrid (Stockholm) Agreement. In this Protocol, the term "Contracting Parties" means both Contracting States and Contracting Organizations.

(1) Where an application for registration of a mark has been filed with the Office of a Contracting Party, or where a mark has been registered in the register of the Office of a Contracting Party, the person who is the applicant of that application (hereinafter referred to as "the basic application") or the holder of that registration (hereinafter referred to as "the basic registration") may, subject to the provisions of this Protocol, ensure the protection of its mark in the territory of the parties Contracting, by obtaining the registration of that mark in the register of the Office World Intellectual Property Organization (hereinafter referred to as "the international registration", "the International Register", "the International Bureau" and "the Organization") , subject to the

(i)

Where the basic application has been filed with the Office of a Contracting State or where the basic registration has been effected by such Office, the person who is the applicant for that application or the holder of that registration is a A national of that Contracting State or domiciled or has a real and effective industrial or commercial establishment in that Contracting State;

(ii)

Where the basic application has been filed with the Office of a Contracting Organization or where the basic registration has been effected by such Office, the person who is the applicant for that application or the holder of that registration is The national of a Member State of that Contracting Organization or is domiciled or has a real and effective industrial or commercial establishment in the territory of the said Contracting Organization.

(2) The application for international registration (hereinafter referred to as "the international application") shall be filed with the International Bureau through the Office with which the basic application has been filed or by which the registration of Basis has been made (hereinafter referred to as "the Office of origin") , as appropriate.

(3) In this Protocol, the term "Office" or "Office of a Contracting Party" means the Office which is responsible, on behalf of a Contracting Party, for the registration of marks, and the term "marks" means the marks of Products as service marks.

(4) In this Protocol, "territory of a Contracting Party" means, where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization, the territory of Which applies to the constituent treaty of that intergovernmental organization.

(1) Any international application made under this Protocol shall be presented on the form prescribed by the Regulations ¹ The Office of origin shall certify that the indications contained in the international application correspond to those which appear, at the time of certification, in the basic application or basic registration, as the case may be. In addition, the said Office shall indicate,

(i)

In the case of a basic application, the date and number of that application;

(ii)

In the case of a basic registration, the date and number of that registration and the date and number of the application from which the basic registration is based.

The Office of origin shall also indicate the date of the international application.

(2) The applicant shall indicate the goods and services for which protection of the mark is claimed, as well as, where possible, the corresponding class (s), according to the classification established by the Nice Agreement concerning International Classification of Goods and Services for the Purposes of the Registration of Marks ² If the applicant does not give this indication, the International Bureau will classify the goods and services in the corresponding classes of that classification. The indication of the classes given by the applicant will be subject to the control of the International Bureau, which will exercise it in liaison with the Office of origin. In the event of disagreement between the said Office and the International Bureau, the opinion of the International Bureau shall be decisive.

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

(i)

Declare and accompany the international application of a statement indicating the colour or combination of colors claimed;

(ii)

To attach to its international application the colour 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 Art. 2. The international registration shall bear the date on which the international application was received by the Office of origin provided that the international application was received by the International Bureau within the period of two months from that date. If the international application has not been received within that time limit, the international registration will bear the date on which the said international application was received by the International Bureau. The International Bureau shall notify, without delay, the international registration to the Offices concerned. Marks registered in the International Register shall be published in a periodical gazette issued by the International Bureau, on the basis of the indications contained in the international application.

(5) With a view to the advertising of marks registered in the International Register, each Office shall receive from the International Bureau a number of free copies and a number of copies at reduced prices of the said Gazette under the conditions Set by the Assembly referred to in Art. 10 (hereinafter referred to as "the Assembly"). Such publicity shall be considered sufficient for the purposes of all Contracting Parties, and no other advertising may be required of the holder of the international registration.

The protection resulting from the international registration will only extend to a Contracting Party at the request of the person filing the international application or who is the holder of the international registration. However, such a request may not be made in respect of a Contracting Party whose Office is the Office of origin.

(1) Any request for extension to a Contracting Party of the protection resulting from the international registration shall be the subject of a special mention in the international application.

(2) A request for territorial extension may also be made after the international registration. Such a request shall be made on the form prescribed by the Regulations. It will be immediately registered by the International Bureau, which shall notify the Office or the Offices concerned without delay. This entry will be published in the periodical gazette of the International Bureau. This territorial extension will have effect from the date on which it has been recorded in the International Register; it will cease to be valid at the end of the international registration to which it relates.

1)

(a) From the date of registration or registration effected in accordance with the provisions of Art. 3 and 3 ^Ter , the protection of the mark in each of the Contracting Parties concerned will be the same as if that mark had been filed directly with the Office of that Contracting Party. If no refusal has been notified to the International Bureau in accordance with Art. (5.1) and (2) or if a notified refusal in accordance with the said Article has subsequently been withdrawn, the protection of the mark in the Contracting Party concerned shall, from that date, be the same as if that mark had been registered by the Office of That Contracting Party.

(b)

The indication of the classes of goods and services provided for in Art. 3 does not bind the contracting parties as to the assessment of the extent of the protection of the mark.

(2) Any international registration shall enjoy the right of priority established by s. 4 of the Paris Convention for the Protection of Industrial Property ¹ , without the need to carry out the formalities prescribed in the letter. D of the said article.

(1) Where a mark which is the subject of a national or regional registration with the Office of a Contracting Party is also the subject of an international registration and the two registrations are registered in the name of the same person, The international registration shall be regarded as replacing the national or regional registration, without prejudice to the rights acquired by the latter, provided that

(i)

The protection resulting from the international registration extends to that Contracting Party according to Art. 3 ^Ter . 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 that Contracting Party,

(iii)

The above extension takes effect after the date of the national or regional registration.

(2) The Office referred to in para. (1) shall, on request, take note, in its register, of the international registration.

(1) Where the applicable law permits, the Office of a Contracting Party to which the International Bureau has notified an extension to that Contracting Party, according to Art. 3 ^Ter (1) or (2), of the protection resulting from an international registration shall have the right to declare in a notification of refusal that the protection may not be granted in that Contracting Party to the mark which is the subject of that extension. Such refusal may be based only on the grounds which would apply, under the Paris Convention for the Protection of Industrial Property ¹ , in the case of a trade mark filed directly with the Office notifying the refusal. However, protection may not be refused, even in part, on the sole ground that the applicable law would permit registration only in a limited number of classes or for a limited number of goods or services.

2)

(a) Any Office which may wish to exercise such power shall notify its refusal to the International Bureau, with the indication of all grounds, within the period provided for by the law applicable to that Office and not later than, subject to subparagraphs (b) and (c), before The expiration of one year from the date on which the notification of the extension referred to in para. 1) has been sent to that Office by the International Bureau.

(b)

Notwithstanding subparagraph (a), any Contracting Party may declare that, for international registrations effected under this Protocol, the one-year time limit referred to in subparagraph (a) shall be replaced by 18 months.

(c)

Such a declaration may further clarify that, where a refusal of protection may result from an opposition to the grant of protection, that refusal may be notified to the International Bureau by the Office of that Contracting Party after the expiration of the 18 months. Such an Office may, in respect of a given international registration, notify a refusal of protection after the expiry of the 18-month period, but only if:

(i)

It has, before the expiration of the 18-month time limit, informed the International Bureau of the possibility that oppositions may be filed after the expiry of the 18-month period, and that

(ii) ²

The notification of refusal based on an opposition shall be made within one month of the expiry of the opposition period and, in any case, not later than seven months from the date on which the opposition period begins to run.

(d)

Any declaration under subparagraphs (b) or (c) may be made in the instruments referred to in s. 14.2), and the date on which the declaration takes effect shall be the same as the date of entry into force of this Protocol in respect of the State or intergovernmental organization that made the declaration. Such a declaration may also be made at a later date, in which case the declaration will take effect three months after its receipt by the Director General of the Organization (hereinafter referred to as "the Director General"), or at any later date In the declaration, in respect of international registrations whose date is the same as the date on which the declaration takes effect or is later than that date.

(e) ³

At the expiration of a period of ten years from the entry into force of this Protocol, the Assembly shall conduct an audit of the functioning of the system established by subparagraphs (a) to (d). Thereafter, the provisions of the said subparagraphs may be amended by a unanimous decision of the Assembly ⁴ .

(3) The International Bureau shall transmit without delay to the holder of the international registration one of the copies of the notification of refusal. The said proprietor will have the same remedies as if the mark had been directly filed by him with the Office which notified its refusal. Once the International Bureau has received information according to para. (2) (c) (i), it shall transmit the information to the holder of the international registration without delay.

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

(5) Any Office which has not notified the International Bureau, in respect of a given international registration, of a provisional or final refusal, in accordance with paras. 1) and (2), shall, in respect of that international registration, lose the benefit of the faculty provided for in para. 1).

(6) The invalidation, by the competent authorities of a Contracting Party, of the effects, in the territory of that Contracting Party, of an international registration may not be pronounced without the holder of that international registration Has been able to enforce its rights in a timely manner. Invalidation 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 Parties, shall be exempt from legalization, as well as any certification other than that of the Office of origin.

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

(2) The International Bureau may also, for remuneration, undertake searches for prior art among the marks which are the subject of international registrations.

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

(1) The registration of a mark at the International Bureau shall be effected for ten years, with the possibility of renewal under the conditions laid down in Art. 7.

(2) At the expiration of five years from the date of the international registration, the international registration shall become independent of the basic application or registration resulting therefrom, or of the basic registration, as the case may be, subject to the The following provisions.

(3) The protection resulting from the international registration, whether or not transmitted, may no longer be invoked if, before the expiration of five years from the date of the international registration, the basic application or The registration resulting therefrom, or the basic registration, as the case may be, has been withdrawn, has expired or has been the subject of a renunciation or a final decision of refusal, revocation, cancellation or invalidation, in respect of All or some of the goods and services listed in the international registration. The same will apply if:

(i)

An appeal against a decision refusing the effects of the basic application,

(ii)

An action for the withdrawal of the basic application or the revocation, cancellation or invalidation of the registration resulting from the basic application, or the basic registration, or

(iii)

An opposition to the basic application

Shall, after the expiry of the five-year period, result in a final decision of rejection, revocation, cancellation or invalidation, or requiring the withdrawal, the basic application or the registration resulting therefrom, or of the basic registration, As the case may be, provided that the action, action or opposition in question began before the expiry of that period. The same shall also apply if the basic application is withdrawn, or if the registration resulting from the basic application, or the basic registration, is surrendered, after the expiry of the five-year period, provided that, at the time of the Withdrawal or renunciation, the said application or registration shall be the subject of a procedure referred to in point (i), (ii) or (iii) and that this procedure has commenced before the expiration of that period.

(4) The Office of origin shall notify the International Bureau, as prescribed in the Regulations, of the relevant facts and decisions under para. (3), and the International Bureau shall inform the interested parties and make any corresponding publication, as prescribed in the Regulations. The Office of origin will request, where appropriate, the International Bureau to cancel, to the extent applicable, the international registration, and the International Bureau will respond to its request.

(1) Any international registration may be renewed for a period of ten years from the expiration of the preceding period, by the simple payment of the basic fee and, subject to art. 8.7), additional emoluments and complementary emoluments provided for in Art. 8.2).

(2) Renewal may not make any change to the international registration in its latest condition.

(3) Six months before the expiry of the term of protection, the International Bureau shall, by sending an unofficial notice, remind the holder of the international registration and, where appropriate, his representative, of the exact date of such expiry.

(4) Subject to the payment of a surcharge fixed by the Regulations, a grace period of six months shall be granted for the renewal of the international registration.

(1) The Office of origin shall have the right to fix, at its own discretion and to collect, for its own benefit, a fee which it will request from the applicant or holder of the international registration on the occasion of the filing of the international application or on the occasion of the Renewal of the international registration.

(2) The registration of a mark at the International Bureau shall be subject to the prior regulation of an international fee which shall include, subject to the provisions of para. 7 (a),

(i)

A basic fee;

(ii)

An additional fee for any class of the international classification in addition to the third in which the goods or services to which the mark applies are stored;

(iii)

A complementary fee for any application for extension of protection in accordance with Art. 3 ^Ter .

(3) However, the additional fee specified in para. (2) (ii) may be settled within a time limit fixed by the Regulations, 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 the international 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 international application shall be considered abandoned.

(4) The annual product of the various income of the international registration, with the exception of income derived from the emoluments referred to in para. (2) (ii) and (iii), shall be distributed equally between the Contracting Parties through the care of the International Bureau, after deduction of the costs and expenses necessincurred by the implementation of this Protocol.

(5) The amounts arising from the supplementary fees referred to in para. (2) (ii) shall be distributed, at the expiration of each year, between the Contracting Parties concerned in proportion to the number of marks for which protection has been requested in each of them during the preceding year, since that number shall be Assigned, in respect of the Contracting Parties conducting a review, of a coefficient to be determined by the Regulations.

(6) The amounts derived from the complementary fees referred to in para. (2) (iii) shall be distributed according to the same rules as are provided for in para. 5).

7)

(a) Any Contracting Party may declare that, in respect of each international registration in which it is mentioned in accordance with Art. 3 ^Ter , as well as in respect of the renewal of such an international registration, it wishes to receive, instead of a part of the income derived from the supplementary fees and complementary fees, a fee (hereinafter referred to as "the individual fee") The amount of which is indicated in the declaration, and which may be amended in subsequent declarations, but which cannot be greater than an amount equivalent to the amount, after deduction of the savings resulting from the international procedure, That the Office of that Contracting Party would have the right to receive from an applicant for a Registration of ten years, or the holder of a registration for a renewal of ten years of that registration, of the mark in the register of the said Office. Where such an individual fee is payable,

(i)

No supplementary fees referred to in para. (2) (ii) shall not be payable if only Contracting Parties that have made a declaration under this subparagraph are mentioned in accordance with Art. 3 ^Ter , and

(ii)

No complementary matter referred to in para. (2) (iii) shall not be due in respect of any Contracting Party which has made a declaration under this subparagraph.

(b)

Any declaration under subparagraph (a) may be made in the instruments referred to in Art. 14.2), and the date on which the declaration takes effect shall be the same as the date of entry into force of this Protocol in respect of the State or intergovernmental organization that made the declaration. Such a declaration may also be made at a later date, in which case the declaration will take effect three months after its receipt by the Director General, or at any later date indicated in the declaration, in respect of the registrations The date on which the declaration takes effect or is later than that date.

At the request of the person on whose behalf the international registration is recorded, or at the request of an Office interested ex officio or at the request of an interested person, the International Bureau shall record in the International Register all Change in ownership of that registration, in respect of all or some of the Contracting Parties in whose territory the said registration has effect and in respect of all or part of the goods and services listed in Registration, provided that the new owner is a person who, according to art. 2.1), is entitled to file international applications.

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 an agent of the holder of the international registration and any other relevant data concerning such an agent,

(iii)

Any limitation, in respect of all or some of the Contracting Parties, of the goods and services listed in the international registration,

(iv)

Any renunciation, cancellation or invalidation of the international registration in respect of all or some of the Contracting Parties,

(v)

Any other relevant data identified in the Regulations concerning rights in a mark which is the subject of an international registration.

Any entry made in accordance with Art. 9 or under s. 9 ^Bis May give rise to the payment of a fee.

(1) If several Contracting States agree to achieve the unification of their national trademark laws, they may notify the Director General

(i)

That a common Office shall replace the National Office of each of them, and

(ii)

The whole of their respective territories shall be regarded as a single State for the application of all or part of the provisions preceding this Article and of the provisions of Art. 9 ^D And 9 ^Sexies .

(2) Such notification shall take effect only three months after the date of the communication to be made by the Director General to the other Contracting Parties.

Where, in the case where the international registration is written off at the request of the Office of origin under Art. 6.4), in respect of all or part of the goods and services listed in the said registration, the person who was the holder of the international registration files an application for registration of the same mark with the Office of one of the Contracting Parties in whose territory the international registration had effect, that application would be treated as if it had been filed on the date of the international registration under Art. 3.4) or the date of entry of the territorial extension according to Art. 3 ^Ter (2) and, if the international registration has priority, the said application shall have the same priority, subject to the

(i)

That the said application is filed within three months from the date on which the international registration was cancelled,

(ii)

That the goods and services listed in the application are actually covered by the list of goods and services contained in the international registration in respect of the Contracting Party concerned, and

(iii)

That the said application complies with all the requirements of the applicable law, including those relating to fees.

1)

(a) Only this Protocol shall apply in mutual relations between the States Parties to both this Protocol and the Madrid (Stockholm) Agreement.

(b)

Notwithstanding subpara. (a), a declaration made under s. 5.2) (b), s. 5.2) (c) or s. 8.7) of this Protocol by a State Party to both this Protocol and the Madrid (Stockholm) Agreement shall have no effect on relations with another State Party to both this Protocol and the Madrid (Stockholm) Agreement.

(2) The Assembly shall consider, after the expiration of a period of three years from 1 ^Er September 2008, the application of para. (1) (b) and may, at any time after that, repeal or restrict its scope, by a three-fourths majority. Only those States which are party to both the Madrid (Stockholm) Agreement and this Protocol shall have the right to take part in the vote of the Assembly.

1)

(a) The Contracting Parties are members of the same Assembly as the countries party to the Madrid (Stockholm) Agreement.

(b)

Each Contracting Party shall be represented in this Assembly by one delegate, who may be assisted by alternate delegates, advisors and experts.

(c)

The expenses of each delegation shall be borne by the Contracting Party which has appointed it, with the exception of travel and subsistence allowances for a delegate of each Contracting Party who is responsible for the Union.

(2) The Assembly, in addition to its functions under the Madrid (Stockholm) Agreement,

(i)

Addresses all matters relating to the implementation of this Protocol;

(ii)

Gives the International Bureau guidelines for the preparation of conferences for the revision of this Protocol, taking due account of the comments of the countries of the Union that are not party to this Protocol;

(iii)

Adopt and amend the provisions of the Regulations concerning the application of this Protocol;

(iv)

Perform any other functions required by this Protocol.

3)

(a) Each Contracting Party shall have one vote in the Assembly. On matters concerning only those countries which are party to the Madrid (Stockholm) Agreement, Contracting Parties which are not party to the said Agreement do not have the right to vote, whereas, on matters relating to Only the Contracting Parties, only the Contracting Parties have the right to vote.

(b)

One half of the members of the Assembly who have the right to vote on a given question shall constitute a quorum for the purpose of voting on this question.

(c)

Notwithstanding the provisions of subparagraph (b), if, at a session, the number of members of the Assembly who have the right to vote on a particular question and who are represented is less than one-half but equal to or more than one-third of the members of the The Assembly which has the right to vote on this question, the Assembly may take decisions; however, the decisions of the Assembly, with the exception of those concerning its procedure, shall become binding only where the conditions set out in the Are completed. The International Bureau shall communicate the said decisions to the members of the Assembly who have the right to vote on the said question and who were not represented, by inviting them to express in writing, within three months from the date of Such communication, vote or abstention. If, at the end of that period, the number of such members having thus expressed their vote or abstention is at least equal to the number of members that was not present for the quorum to be reached at the session, such decisions shall become Enforceable, provided that, at the same time, the necessary majority remains.

(d)

Subject to the provisions of Art. (e), 9 ^Sexies (2), 12 and 13.2), the decisions of the Assembly shall be taken by a two-thirds majority of the votes cast.

(e)

Abstentions shall not be considered as a vote.

(f)

A delegate may represent only one member of the Assembly and may vote only on behalf of the Assembly.

(4) In addition to its meetings in ordinary sessions and in special sessions in accordance with the Madrid (Stockholm) Agreement, the Assembly shall meet in extraordinary session upon convocation by the Director General, at the request of a quarter Members of the Assembly who have the right to vote on the issues proposed to be included in the agenda of the session. The agenda of such an extraordinary session shall be prepared by the Director General.

(1) Tasks relating to international registration under this Protocol and other administrative tasks relating to this Protocol shall be carried out by the International Bureau.

2)

(a) The International Bureau, as directed by the Assembly, shall prepare the conferences for the revision of this Protocol.

(b)

The International Bureau may consult with intergovernmental and international non-governmental organizations on the preparation of such revision conferences.

(c)

The Director General and the persons designated by him shall take part, without the right to vote, in the deliberations of the said revision conferences.

(3) The International Bureau shall carry out all other tasks relating to this Protocol assigned to it.

As far as the Contracting Parties are concerned, the Union's finances are governed by the same provisions as those set out in Art. 12 of the Madrid (Stockholm) Agreement, it being understood that any reference to Article 8 of the said Agreement shall be regarded as a reference to art. 8 of this Protocol. In addition, for the purposes of s. 12.6) (b) of the said Agreement, the Contracting Organizations are, subject to a unanimous decision to the contrary by the Assembly, considered to belong to contribution class I (one) according to the Paris Convention for the Protection of Industrial property ¹ .

1) Proposals to amend s. 10, 11, 12 and this Article may be presented by any Contracting Party or by the Director General. Such proposals shall be communicated by the latter to the Contracting Parties at least six months before being submitted to the Assembly for consideration.

(2) Any amendment to the articles referred to in para. 1) is adopted by the Assembly. Adoption shall require three-fourths of the votes cast; however, any amendment to Article 10 and to this paragraph shall require four-fifths of the votes cast.

(3) Any amendment to the articles referred to in para. (1) shall enter into force one month after the receipt by the Director General of written notifications of acceptance, effected in accordance with their respective constitutional requirements, by three-fourths of the States and the organizations Which were members of the Assembly at the time the amendment was adopted and which were entitled to vote on the amendment. Any amendment to the said Articles thus accepted shall bind all States and intergovernmental organizations which are Contracting Parties at the time the amendment enters into force or which become Contracting Parties at a later date.

1)

(a) Any State Party to the Paris Convention for the Protection of Industrial Property ¹ May become party to this Protocol.

(b)

In addition, any intergovernmental organization may also become party to this Protocol when the following conditions are met:

(i)

At least one of the member States of that organization is a party to the Paris Convention for the Protection of Industrial Property;

(ii)

The said organization shall have a Regional Office for the registration of marks having effect in the territory of the organization, provided that such Office is not notified under Art. 9 ^Cc .

(2) Any State or organization referred to in para. (1) may sign this Protocol. Any State or organization referred to in para. (1) may, if it has signed this Protocol, deposit an instrument of ratification, acceptance or approval of this Protocol or, if it has not signed this Protocol, deposit an instrument of accession to this Protocol.

(3) The instruments referred to in para. (2) shall be deposited with the Director General.

4)

(a) This Protocol shall enter into force three months after the deposit of four instruments of ratification, acceptance, approval or accession, provided that at least one of those instruments has been deposited by a country party to the Agreement Madrid (Stockholm) and at least one other instrument was deposited by a State not party to the Madrid (Stockholm) Agreement or by one of the organizations referred to in para. 1) (b).

(b)

In respect of any other State or organization referred to in para. (1), this Protocol shall enter into force three months after the date on which its ratification, acceptance, approval or accession has been notified by the Director General.

(5) Any State or organization referred to in para. (1) may, at the time of the deposit of its instrument of ratification, acceptance or approval of this Protocol, or of its instrument of accession to that Protocol, declare that the protection resulting from an international registration under the Protocol before the date of entry into force of the said Protocol in respect of that Protocol shall not be extended to it.

(1) This Protocol shall remain in force without limitation.

(2) Any Contracting Party may denounce this Protocol by notification addressed to the Director General.

(3) Denunciation shall take effect one year after the day on which the Director General has received the notification.

(4) The right of denunciation provided for in this Article shall not be exercised by a Contracting Party before the expiration of five years from the date on which this Protocol entered into force in respect of that Party Contracting Party.

5)

(a) Where a mark is the subject of an international registration having effect, in the State or intergovernmental organization which denounces this Protocol, on the date on which the denunciation becomes effective, the holder of the said registration May file an application with the Office of the said State or of the said organization for registration of the same mark, which will be treated as if it had been filed on the date of the international registration under Art. 3.4) or the date of entry of the territorial extension according to Art. 3 ^Ter (.2) and which, if registration has priority, will benefit from the same priority, subject to the

(i)

That the said application is filed within two years from the date on which the denunciation became effective,

(ii)

The goods and services listed in the application are covered by the list of goods and services in the international registration in respect of the State or intergovernmental organization which has denounced the present Protocol, and

(iii)

That the said application complies with all the requirements of the applicable law, including those relating to fees.

(b)

The provisions of subparagraph (a) shall also apply in respect of any mark which is the subject of an international registration having effect, in Contracting Parties other than the State or intergovernmental organization which denounces the present Protocol, on the date on which the denunciation becomes effective, and the holder, by reason of the denunciation, no longer has the power to file international applications under Art. 2.1).

1)

(a) This Protocol shall be signed in a single copy in the English, French and Spanish languages and shall be deposited with the Director General when it is no longer open for signature in Madrid. The texts in all three languages are equally authentic.

(b)

Official texts of this Protocol shall be established by the Director General, after consultation with the Governments and organizations concerned, in the Arabic, Chinese, German, Italian, Japanese, Portuguese and Russian languages, and in the other languages Languages which the Assembly may indicate.

(2) This Protocol shall remain open for signature in Madrid until 31 December 1989.

(3) The Director General shall transmit two copies, certified by the Government of Spain, of the signed texts of this Protocol to all States and intergovernmental organizations which may become party to this Protocol.

(4) The Director General shall register this Protocol with the Secretariat of the United Nations.

(5) The Director General shall notify all States and international organizations which may become party or are party to this Protocol the signatures, deposits of instruments of ratification, acceptance, approval or accession, thus The entry into force of this Protocol and any modification thereof, any notification of denunciation and any declaration provided for in this Protocol.

(Suivent signatures)