Key Benefits:
Original text 1
(State on 29 June 2013)
(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 applicable to the goods or services registered in the country of origin, subject to deposit Of such marks at the International Bureau of Intellectual Property (hereinafter referred to as "The International Bureau") referred to in the Convention Establishing the World Intellectual Property Organization 1 (hereinafter referred to as "the Organization") , made through the Administration of the said country of origin.
(3) To be considered as the country of origin 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 Special Union Where he has his domicile; 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 the Contracting Parties shall be treated as nationals of countries which have not acceded to this Agreement which, in the territory of the Special Union established by the latter, satisfy the conditions established by Art. 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 for the Purposes of the Registration of Marks 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 case of disagreement between the National Authority and the International Bureau, the opinion of the International Bureau will be decisive.
(3) If the applicant claims color as part of his mark, he shall be required to:
(4) The International Bureau shall immediately register the marks filed in accordance with Art. 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 referred to in s. 16 (4) (a) 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 RS 0.232.112.21
2 RS 0.232.112.7 /.9
3 RS 0.232.04 And 0.232.01 /.03 Art. 13 para. 8
(1) Each contracting country may, at any time, notify the Director General of the Organization (hereinafter referred to as "the Director General") in writing that the protection resulting from the international registration shall extend to that country only if the holder of the The trade mark expressly so requests.
(2) Such notification shall take effect only six months after the date of the communication to be made by the Director General to the other contracting countries.
(1) The application for extension to a country which has made use of the faculty opened by art. 3 Bis Of the protection resulting from the international registration shall be the subject of a special mention in the application referred to in Art. 3, para. 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 RS 0.232.112.21
(1) From the registration so made to the International Bureau in accordance with the provisions of Art. 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 s. 3 does 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 Art. 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 Art. 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 option shall notify their refusal with the 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 application for extension of protection formulated in accordance with Art. 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 para. 1) of this Article concerning the trade 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.
1 RS 0.232.01/.04
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 making the request, 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 RS 0.232.112.21
(1) The registration of a mark at the International Bureau shall be effected for twenty years, with the possibility of renewal under the conditions laid down in Art. 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 according to Art. 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 will request the cancellation of the mark at the International Bureau, which will carry out this 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 emoluments provided for in Art. 8, para. 2).
(2) Renewal shall not include any change from the previous registration in its last condition.
(3) The first renewal effected in accordance with the provisions of the Nice Act of 15 June 1957 1 Or 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 will remind the proprietor of the mark and his representative, by sending an unofficial notice, the exact date of that expiry.
(5) Subject to the payment of a surcharge fixed by the Regulations 2 , a grace period of six months will be granted for the renewal of the international registration.
1 RS 0.232.112.2
2 RS 0.232.112.21
(1) The Authority of the country of origin shall have the right to fix, at its own discretion, and to collect, for its own benefit, a national fee which it will request from the owner 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:
(3) However, the additional fee specified in para. 2), let. (b) may be settled within a time limit to be fixed by the Regulations 1 , 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 product of the various income of the international registration, with the exception of those provided for under (b) and (c) of para. (2) shall be divided equally between the countries party to this Act by the care of 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 ratified or acceded to it, it shall have the right, up to the effective date of its ratification or accession, to a distribution of the excess of income calculated on the Basis of the earlier Act applicable to it.
(5) The amounts arising from the supplementary fees referred to in para. 2), let. (b) shall be distributed at the expiration of each year between the countries party to this Act or the Nice Act of June 15, 1957 2 In proportion to the number of marks for which protection has been requested in each of them during the preceding year, that number being affected, in respect of the countries for screening, of a coefficient which will be determined by the Regulations. If, at the time of entry into force of this Act, a country has not yet ratified or acceded to it, it shall have the right, up to the date of its ratification or accession, to a distribution of the sums calculated on the basis of the Act In Nice.
(6) The amounts derived from the complementary fees referred to in para. 2), let. (c) shall be divided according to the rules of para. 5) between countries which have made use of the faculty provided for in Art. 3 Bis . If, at the time of entry into force of this Act, a country has not yet ratified or acceded to it, it shall have the right, up to the date of its ratification or accession, to a distribution of the sums calculated on the basis of The Nice Act.
1 RS 0.232.112.21
2 RS 0.232.112.2
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 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 it 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 Art. 3.
(6) In addition, the substitution of one product or service to another is assimilated.
1 RS 0.232.112.21
(1) Where a mark recorded in the International Register is transmitted to a person established in a Contracting State 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 marks 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 will have the right to request the International Bureau to cancel the mark on its Register.
(1) If the 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 Art. 9 Bis .
(4) The provisions of the preceding paragraphs shall apply only under the reserve of art. 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 trademark laws, they may notify the Director General:
(2) Such notification shall take effect only six months after the date of the communication to be made by the Director General to the other contracting countries.
(5) The Assembly shall adopt its rules of procedure.
1 RS 0.232.112.21
2 New content according to the 2 Oct amendments. 1979, in force for Switzerland since October 23. 1983 (RO 1984 44).
3 New content according to the 2 Oct amendments. 1979, in force for Switzerland since October 23. 1983 (RO 1984 44).
(2) The Director General and any staff member designated by him shall participate, without the right to vote, in all meetings of the Assembly and any committee of experts or working groups that it may create. The Director General or a staff member designated by him shall be ex officio secretary of those bodies.
(4) The International Bureau shall carry out any other tasks assigned to it.
(2) The budget of the Special Union shall be adopted taking into account the requirements of coordination with the budgets of the other Unions administered by the Organization.
3) The budget of the Special Union shall be financed by the following resources:
(5) Subject to the provisions of para. (4) (a), the amount of the fees and amounts due for the other services rendered by the International Bureau under the Special Union shall be fixed by the Director General, who shall report to the Assembly.
(8) Account verification shall be carried out, in accordance with the arrangements laid down in the Financial Regulation, by one or more countries of the Special Union or by external auditors, who shall, with their consent, be appointed by the Assembly.
1) Proposals to amend s. 10, 11, 12 and this Article may be presented by any country member of the Assembly or by the Director General. These proposals shall be communicated by the Assembly to the Member States of the Assembly 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 change in s. 10 and 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, of the three-fourths of the countries which were members of The Assembly at the time when the amendment was adopted. Any amendment to the said Articles thus accepted shall bind all countries which are members of the Assembly at the time when the amendment enters into force or become members at a later date.
(1) Each of the countries of the Special Union which has signed this Act may rectify it and, if it has not signed it, may accede to it.
(3) Instruments of ratification and accession shall be deposited with the Director General.
(5) Ratification or accession shall entail the full accession to all clauses and admission to all the benefits stipulated by this Act.
(6) After the entry into force of this Act, a country shall not accede to the Nice Act of 15 June 1957 2 Together with the ratification of or accession to this Act. Accession to Acts prior to the Nice Act shall not be admitted, even in conjunction with the ratification of or accession to this Act.
(7) The provisions of art. 24 of the Paris Convention for the Protection of Industrial Property 3 Apply to this Agreement.
(1) This Agreement shall remain in force without limitation.
(2) Any country may denounce this Act by notification addressed to the Director General. Such denunciation shall also denounce all earlier Acts and shall have effect only in respect of the country which has made it, the Agreement remaining in force and enforceable against the other countries of the Special Union.
(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 any country before the expiration of five years from the date on which it became a member of the Special Union.
(5) International marks registered before the date on which the denunciation becomes effective, and not refused in the year provided for in Art. 5, continue, during the term of international protection, to enjoy the same protection as if they had been deposited directly in that country.
(2) Countries outside the Special Union which become party to this Act shall apply it to international registrations effected at the International Bureau through the National Authority of any country of the Special Union which Not party to this Act, provided that those registrations satisfy, in respect of the said countries, the conditions prescribed by this Act. With regard to international registrations effected at the International Bureau through the National Authorities of the said foreign countries to the Special Union which become party to this Act, they admit that the country referred to above Requires the fulfillment of the conditions prescribed by the most recent Act to which it is a party.
1 [RO 12 847, 19 227; RS 11 963 968 975; RS 0.232.112.2 ]
2 RS 0.232.112.2
(2) This Act shall remain open for signature at Stockholm until January 13, 1968.
(3) The Director General shall transmit two copies, certified by the Government of Sweden, of the signed text of this Act to the Governments of all countries of the Special Union and, upon request, to the Government of any other country.
(4) The Director General shall register this Act with the Secretariat of the United Nations.
(5) The Director General shall notify the Governments of all countries of the Special Union of the signatures, deposits of instruments of ratification or accession and declarations included in those instruments, the entry into force of all provisions Of this Act, notifications of denunciation and notifications made pursuant to Art. 3 Bis , 9 Cc , 13, 14.7) and 15.2).
(1) Until the entry into office of the first Director General, references in this Act, to the International Bureau of the Organization or to the Director General shall be considered as relating respectively to the Office of the Union established by the Paris Convention for the Protection of Industrial Property or its Director.
(2) The countries of the Special Union which have not ratified or acceded to this Act may, for five years after the entry into force of the Convention establishing the Organization 1 , exercise, if they so desire, the rights provided for in s. 10 to 13 of this Act, as if they were bound by those Articles. Any country wishing to exercise such rights shall, for that purpose, file with the Director General a written notification that takes effect on the date of its receipt. Such countries shall be deemed to be members of the Assembly until the expiration of that period.
In witness whereof, The undersigned, duly authorized to that effect, have signed this Act.
Done at Stockholm, 14 July 1967
(Suivent signatures)
States Parties A |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
Albania |
4 July |
1995 A |
4 October |
1995 |
Algeria |
24 March |
1972 A |
July 5 |
1972 |
Germany |
19 June |
1970 |
19 September |
1970 |
Armenia |
17 May |
1994 S |
25 December |
1991 |
Austria |
11 May |
1973 |
August 18 |
1973 |
Azerbaijan |
September 25 |
1995 A |
25 December |
1995 |
Belarus |
April 14 |
1993 S |
25 December |
1991 |
Belgium |
October 31 |
1974 |
12 February |
1975 |
Bhutan |
4 May |
2000 A |
August 4 |
2000 |
Bosnia and Herzegovina |
2 June |
1993 S |
1 Er March |
1992 |
Bulgaria |
April 25 |
1985 A |
1 Er August |
1985 |
China * |
4 July |
1989 A |
4 October |
1989 |
Cyprus |
August 4 |
2003 A |
4 November |
2003 |
Korea (North) |
7 March |
1980 A |
10 June |
1980 |
Croatia |
28 July |
1992 S |
8 October |
1991 |
Cuba |
September 6 |
1998 A |
6 December |
1998 |
Egypt |
3 December |
1974 A |
6 March |
1975 |
Spain |
6 March |
1979 |
8 June |
1979 |
France |
2 May |
1975 |
August 12 |
1975 |
Guadeloupe |
2 May |
1975 |
August 12 |
1975 |
Guyana (French) |
2 May |
1975 |
August 12 |
1975 |
Wallis and Futuna Islands |
2 May |
1975 |
August 12 |
1975 |
Martinique |
2 May |
1975 |
August 12 |
1975 |
New Caledonia |
2 May |
1975 |
August 12 |
1975 |
French Polynesia |
2 May |
1975 |
August 12 |
1975 |
Meeting |
2 May |
1975 |
August 12 |
1975 |
Saint Pierre and Miquelon |
2 May |
1975 |
August 12 |
1975 |
French Southern and Antarctic Lands |
2 May |
1975 |
August 12 |
1975 |
Hungary |
18 December |
1969 |
19 September |
1970 |
Iran |
September 25 |
2003 A |
25 December |
2003 |
Italy |
20 January |
1977 |
24 April |
1977 |
Kazakhstan |
February 16 |
1993 S |
25 December |
1991 |
Kenya |
26 March |
1998 A |
26 June |
1998 |
Kyrgyzstan |
February 14 |
1994 S |
25 December |
1991 |
Lesotho |
12 November |
1998 A |
12 February |
1999 |
Latvia |
29 September |
1994 A |
1 Er January |
1995 |
Liberia |
September 25 |
1995 A |
25 December |
1995 |
Liechtenstein |
21 February |
1972 |
25 May |
1972 |
Luxembourg |
19 December |
1974 |
24 March |
1975 |
Macedonia |
July 23 |
1993 S |
8 September |
1991 |
Morocco |
October 16 |
1975 |
24 January |
1976 |
Moldova |
February 14 |
1994 S |
25 December |
1991 |
Monaco |
27 June |
1975 |
4 October |
1975 |
Mongolia |
16 January |
1985 A |
April 21 |
1985 |
Montenegro |
4 December |
2006 S |
3 June |
2006 |
Mozambique |
7 July |
1998 A |
7 October |
1998 |
Namibia |
March 31 |
2004 A |
30 June |
2004 |
Netherlands |
4 December |
1974 |
6 March |
1975 |
Poland |
14 December |
1990 A |
18 March |
1991 |
Portugal |
22 August |
1988 |
22 November |
1988 |
Czech Republic |
18 December |
1992 S |
1 Er January |
1993 |
Romania |
28 February |
1969 |
19 September |
1970 |
Russia |
15 March |
1976 A |
1 Er July |
1976 |
San Marino |
26 March |
1991 A |
26 June |
1991 |
Serbia |
14 June |
2001 S |
April 27 |
1992 |
Sierra Leone |
March 17 |
1997 A |
17 June |
1997 |
Slovakia |
December 30 |
1992 S |
1 Er January |
1993 |
Slovenia |
12 June |
1992 S |
25 June |
1991 |
Sudan |
February 15 |
1984 A |
May 16 |
1984 |
Switzerland |
26 January |
1970 |
19 September |
1970 |
Swaziland |
September 14 |
1998 A |
14 December |
1998 |
Tajikistan |
February 14 |
1994 S |
25 December |
1991 |
Ukraine |
21 September |
1992 S |
25 December |
1991 |
Vietnam |
7 April |
1981 |
July 2 |
1976 |
A All States parties have relied on the benefit of art. 3 Bis . |
1 Titles have been added to the articles of the arrangement in order to facilitate their reading; the original text does not contain titles.
2 Art. 1 ch. 5 of the 2 Dec AF. 1969 (RO 1970 601)
3 RO 1973 1717, 1978 806, 1982 1144, 1984 980, 1985 427, 1986 281, 1990 796, 2003 3887, 2006 4433, 2010 1623, 2015 1287. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).