Trademark

Position:Home >  Laws Regulations > Trademark

Madrid Agreement on the international registration of marks

2016/12/17    source:    Author:  Viewed:1372

First, the establishment of the special union; to the International Bureau to apply for trademark registration; the state of the definition.

(a) a special union of international registration of trademarks formed by the countries applicable to this agreement.

(two) any Contracting Party national, by country of origin to the registration authorities, the establishment of the World Intellectual Property Organization (hereinafter referred to as "the organization") in the Convention on the International Bureau of intellectual property (hereinafter referred to as the "International Bureau") to apply for trademark registration, as in all other parties to the agreement made for the protection of commercial marks or services have been registered in the country.

(three) known as the country of origin are: the applicant provided with a real and effective industrial and commercial business by special allies; if he were special allies in the absence of such business, for the home especially if he has no allies; residence in particular Alliance territory, but especially the National Alliance for him, as the national.

Article second [article third of the Paris Convention (the same treatment given to nationals of some allied people)

Nationals of countries not participating in this Agreement shall, in accordance with the conditions set forth in article third of the Paris Convention on the protection of industrial property, in the territory of a special alliance under this agreement, be treated equally with the nationals of the contracting states.

Article third [application for international registration]

(a) each application for international registration must be provided with details of the scheme; trademark registration authorities should prove that the country of origin specific project specific project of this application with the national register of the match, and that in the country of origin of the trademark application and registration date and number and date of the application for International registration.

(two) the applicant shall specify the goods or services to which the trademark is to be protected, and, if possible, specify the corresponding category of the good agreement under the international classification of goods and services. If the applicant does not specify, the International Bureau shall classify the goods or services into the appropriate category of the classification. The description of the categories made by the applicant shall be examined by the International Bureau, which shall be conducted by the International Bureau in conjunction with the national registry. If the local registration authorities and the International Bureau disagree, after their views prevail.

(three) if the applicant requires color as a distinguishing feature of his trademark, he must:

(1) a description of the actual situation and a notice of the color or color combination required by the application;

(2) the color pattern of the trademark referred to in the application is attached to the notice of the international bureau. The number of copies of this pattern is stipulated by the rules.

(four) the International Bureau shall immediately register the trademark filed in accordance with the provisions of article 1. If the International Bureau in the country to apply for international registration within two months after receipt of the application, the registration shall indicate the application for international registration in the country of origin of the date of receipt of the application, if not in this period, the International Bureau for registration according to the date of receipt of the application. The International Bureau shall, without delay, notify such registration authorities concerning the registration authority. According to the specific items included in the registration application, the registered trademark shall be published in the periodical published by the international bureau. If a trademark contains a graphic part or a special typeface, the details may determine whether the applicant must provide a printing plate.

(five) considered to be a registered trademark in the contracting announcement, each registration authority according to the Paris Convention on the protection of industrial property, article sixteenth (four) of paragraph (1) the provisions specified in the ratio of the number of units and rules of conditions, from the international bureau where some of the publications and receive free sale this. In all States parties, only such notice is required and no further notice is required of the applicant.

Third article two [territorial limitation]

(a) any contracting party may at any time notice in writing to the director general (hereinafter referred to as the "director general"), the protection obtained by the international registration of the trademark owner, only in the clear requirements, can be extended to the country.

(two) the notice, notification by the director general of other parties within six months to take effect.

Article three of the third [territorial extension]

(1) the extension of the protection obtained through international registration to a country that uses the rights specified in article third of the two shall be specifically mentioned in the application referred to in the third paragraph.

(two) any requirements in the international registration after about territorial extension, must be provided with details of the format, through the registration authorities of the country of origin. The International Bureau shall immediately register such requirements, notify the relevant registration authorities without delay, and publish them in the periodical published by the international bureau. Such territorial extension is at the commencement of the date of registration in the international register and ceases to effect upon the expiry of the relevant international registration of trademarks.

Article fourth [effect of international registration]

(a) starting from the date of registration in force of the International Bureau under section third of article three, the protection of a trademark in each Contracting State shall be as the trademark is directly registered in the country. Third article description of goods and services category, shall not determine the scope of the protection of trademark binding parties.

(two) each trademark for international registration enjoys the priority provided for in article fourth of the Paris Convention on the protection of industrial property, without having to fulfil the formalities specified in subsection (four) of this article.

Fourth article two [international registration to replace the original national registration]

If a trademark has been registered in one or more Contracting States and subsequently registered with the International Bureau in the name of the same owner or its successor,

Previous: No message!
Next: No message!