Communication from the Ministry of Foreign Affairs No. 199 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement on Stamp Law
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International Treaty
Effective from 01.08.1996
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01.08.1996
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199
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 27 October 1994 a stamp law agreement was negotiated in Geneva.
On behalf of the Czech Republic, the Treaty was signed in Geneva on 28 October 1994.
The Parliament of the Czech Republic gave its assent to the Treaty and the President of the Republic ratified it. The instrument of ratification was deposited with the Director-General of the World Intellectual Property Organisation, the depositary of the Treaty, on 3 April 1996.
The Treaty shall enter into force on 1 August 1996 on the basis of Article 20 (2) and shall also enter into force on the Czech Republic on that date.
The Czech translation of the Treaty is announced simultaneously.
Agreement on stamp law
negotiated in Geneva on 27 October 1994
List of articles
Article 1: Reduced terms
Article 2: Trademarks covered by the Treaty
Article 3: Application
Article 4: Representation: address for service
Article 5: Date of submission
Article 6: Single entry for goods and / or services belonging to several classes
Article 7: Division of the application and registration
Article 8: Signature
Article 9: Classification of products and / or services
Article 10: Change of name or address
Article 11: Change of owner
Article 12: Correction of error
Article 13: Duration and renewal of registration
Article 14: Comments in the event of an intended refusal
Article 15: Obligation to comply with the Paris Convention
Article 16: Trademarks of services
Article 17: Implementing rules
Article 18: Revision, protocols
Article 19: Parties to the Treaty
Article 20: Date of validity of ratification and accession
Article 21: Reservations
Article 22: Transitional provisions
Article 23: Termination of the Treaty
Article 24: Languages of the Treaty, signature
Article 25: Imposition of the Treaty
Extracts
For the purposes of this Treaty, unless expressly stated otherwise:
(I) shall be understood as "Office" of the institution entrusted by the Contracting Party with the registration of trade marks;
(II) "registration" means the registration of a trade mark by the Office;
(III) "Application" means an application for registration of a trade mark;
(IV) references to "person" shall be understood as references to both the natural and legal person;
(V) means the term "proprietor" of a person who is registered as the proprietor of a registration;
(VI) means the term "stamp register" of a collection of data, maintained by the Office, which includes the content of all entries and all entries relating to all entries, without account being taken of the medium on which the data are stored;
VII) means the Paris Convention, signed in Paris on 20 March 1883, as revised and amended;
VIII) means the term "Nice Classification" as established by the Nice Agreement on the international classification of goods and services for the purposes of registration of trade marks, signed in Nice on 15 June 1957, as revised and amended;
IX) means any State and any intergovernmental organisation that is a party to this Treaty under the term "Party";
(X) references to the "instrument of ratification" are understood to include references to the instruments of acceptance and approval;
XI) means the term "Organisation" of the World Intellectual Property Organisation;
XII) means the term "Director-General" means the Director-General of the Organisation;
XIII) is understood as the "Implementing Regulations' of this Treaty, referred to in Article 17.
Trademarks covered by the Treaty
1) / Nature of trade marks /
(a) This Treaty shall apply to trade marks consisting of visible marks, meaning that only those Contracting Parties which accept three-dimensional protective masks are obliged to apply this Treaty to such marks.
(b) This Treaty does not apply to the trade marks of holograms and to marks which do not consist of visible marks, in particular those of sound and olfactory marks.
2) / Types of trade marks /
(a) This Treaty shall apply to trade marks relating to goods (trade marks) or services (marks of services) or to both products and services at the same time.
(b) This Treaty shall not apply to collective marks, marks of certification and guarantees.
Application
1) / Information or elements contained in or attached to the application; Fee /
(a) Each Contracting Party may require that the application contains all or some of the following:
(I) an application for registration;
(II) the name and address of the applicant;
(III) the name of the State in which the applicant is a national, if he has a nationality, the name of the State in which the applicant has his residence, his residence or, where applicable, the name of the State in which the applicant has a genuine industrial or commercial establishment, if he has such an establishment;
(IV) if the applicant is a legal person, the legal nature of that legal person, as well as the State and, where applicable, the territorial unit of that State under whose legislation that legal person was established;
(V) if the applicant has a representative, his name and address;
(VI) if, pursuant to Article 4 (2), (b) requires an address for service, that address;
(VII) if the applicant wishes to take advantage of the right of priority from an earlier application, a declaration claiming priority from that earlier application, together with information and evidence to support the right of priority declaration, which may be required under Article 4 of the Paris Convention;
(VIII) if the applicant wishes to take advantage of the protection resulting from the display of products and / or services at the exhibition, a declaration, in that sense, together with the information required to substantiate that declaration, if and as required by the legislation of the Contracting Party,
(IX) where the Office of a Contracting Party uses a font (letters and figures) which it considers to be common and where the applicant wishes to register the trade mark and to be published in that normal letter, a declaration to that effect;
(X) Where the applicant wishes to apply the colour as a distinguishing element of the trade mark, a declaration to that effect and the name or names of the colours or colours applied and, for each colour, an indication of the essential parts of the trade mark which have that colour;
(XI) if the three-dimensional trade mark is concerned, a declaration to that effect;
(XII) one or more reproductions of a trade mark;
(XIII) the transliteration of the trade mark or certain parts of the trade mark;
(XIV) a translation of the trade mark or certain parts of the trade mark;
(XV) the names of the products and / or services for which registration is sought, grouped according to the classes of the Nice Classification, each group of goods and / or services being preceded by the class number of that classification to which it belongs and the groups must be listed in the order of the classes of that classification;
(XVI) signature of the person referred to in paragraph 4;
(XVII) a declaration of intent to use the trade mark where and as required by the laws of the Contracting Party.
(b) Instead of a declaration or in addition to a declaration of intent to use the trade mark referred to in subparagraph (a) (XVII), the applicant shall submit a declaration of actual use of the trade mark and the relevant evidence where and as required by the laws of the Contracting Party.
(c) Each Contracting Party may require fees to be paid to the Office for the application.
2) / Presentation /
As regards the particulars relating to the submission of the application, no Contracting Party shall refuse the application,
(I) where the application is submitted in writing, if it is submitted, subject to paragraph 3, on a form corresponding to the application form referred to in the Implementing Rules.
(II) where the Contracting Party authorises the transmission of a communication to the Office by fax and the application is so sent if the paper specimen resulting from such dispatch corresponds, subject to paragraph 3), to the application form referred to in point (I).
3) / Language /
Each Contracting Party may require that the application be drawn up in a language or one of the languages recognised by the Office. Where the Office recognises more than one language, it may require the applicant to fulfil any additional requirement relating to the language in relation to the Office, unless it is not possible to require that the application be made in more than one language.
4) / Signature /
(a) Signature referred to in paragraph 1 (a) (a) (XVI) may be signed by the applicant or his representative.
(b) Notwithstanding subparagraph (a), each Contracting Party may require the declarations referred to in paragraph 1 (a) to be made. (a) (XVII) and (b) have been signed by the applicant himself, even if he has a representative.
5) / Single application for products and / or services belonging to several classes /
One and the same application may relate to several products and / or services, whether they belong to one or more classes of Nice Classification.
6) / Actual use /
Each Contracting Party may require a declaration of intent to use the trade mark pursuant to paragraph 1 (b). (a) (XVII) to provide the applicant with evidence of the actual use of the trade mark in accordance with the provisions of the said legislation, subject to the minimum period prescribed by the Implementing Rules.
7) / Prohibition of further formalities /
No Contracting Party may require that the application be accompanied by additional particulars than those referred to in paragraphs 1 to 4 and 6. In particular, during the application procedure:
(I) the presentation of a certificate or extract from the Commercial Register;
(II) an indication that the applicant carries out an industrial or commercial activity as well as the submission of the relevant evidence;
(III) an indication that the applicant carries out an activity corresponding to the products and / or services listed in the application and the submission of the relevant evidence;
(IV) the submission of proof that the trade mark has been entered in the register of another Contracting Party or Member State of the Paris Convention which is not a Contracting Party, except where the applicant invokes Article 6 of the Quinquies of the Paris Convention.
8) / Evidence /
Each Contracting Party may require that evidence be submitted to the Office during the examination of the application if the Office has reasonable doubts as to the reliability of any information or element contained in the application.
Representation; address for service
1) / Representative authorised to perform representative activities /
Each Contracting Party may require that any person designated to represent before the Office be a representative authorised to represent before that Office.
2) / Compulsory representation; Delivery address /
(a) Each Contracting Party may require that, for the purposes of proceedings before the Office, any person who has neither his place of residence nor his real industrial or commercial establishment be represented by a representative.
(b) Each Contracting Party, if it does not require representation under subparagraph (a), may require that a person who has neither his place of residence nor his real and real industrial or commercial establishment have an address for service in that territory.
3) / Power of attorney /
(a) As soon as the Contracting Party allows or requires the applicant, the owner or other interested parties to be represented before the Office by a representative, it may require that the setting-up of a representative be carried out by a separate communication (hereinafter referred to as the "mandate ') containing the name and signature of the applicant, the owner or, where appropriate, another person.
(b) The power of attorney may apply to one or more applications and / or entries entered in the mandate, or to any existing or future applications and / or entries of the person appointing a representative, unless that person gives an exception.
(c) Full power may be limited to certain acts of a representative. Each Contracting Party may require that the power of attorney to withdraw the application or waive the right to registration shall include an explicit provision on that fact.
(d) Where the communication is served on the Office by a person designated as a representative in that communication, but the Office does not have the required power of attorney at the time of receipt of that communication, the Contracting Party may require that the power of attorney be submitted to the Office within the time limit prescribed by it, subject to the minimum period prescribed by the Implementing Rules. Each Contracting Party may provide that the communication made by that person shall be without effect if the authority of attorney has not been served on the Office within the time limit laid down by the Contracting Party.
(e) As regards the formalities relating to the submission and content of the force of attorney, no Contracting Party shall refuse the effects of the power of attorney,
(I) where the authorisation is submitted in writing on paper, subject to paragraph 4, on a form corresponding to the authorisation form referred to in the implementing rules,
(II) where the Contracting Party authorises the transmission of a communication to the Office by fax and the power of attorney is so sent if the paper specimen resulting from such transmission corresponds, subject to paragraph 4, to the form referred to in point (I).
4) / Language /
Each Contracting Party may require that the authorisation be drawn up in a language or one of the languages recognised by the Office.
5)
Each Contracting Party may require that any communication addressed to the Office by a representative for the purposes of the proceedings before that Office include a reference to the power of attorney on the basis of which the representative acts.
6) / Prohibition of further formalities /
No Contracting Party may require that, in relation to the facts referred to in paragraphs 3 to 5, additional formalities than those referred to in those paragraphs are fulfilled.
7) / Evidence /
Each Contracting Party may require evidence to be submitted to the Office if the Office has reasonable doubts as to the reliability of any information contained in the communications referred to in paragraphs 2 to 5.
Date of administration
1) / Acceptable formalities /
(a) Subject to subparagraph (b) and (2), the Contracting Party shall approve as the date on which the Office received the following information and elements in the language required by Article 3 (3):
(I) an explicit or apparent indication by the nature of the case that registration of the trade mark is sought;
(II) particulars enabling the applicant to be identified;
(III) particulars sufficient to establish postal contact with the applicant or his potential representative;
(IV) a sufficiently clear reproduction of the mark for which registration is sought;
(V) the list of products and / or services for which registration is requested;
(VI) where the provisions of Article 3 (1) (a) (XVII) or (b) are applied. (b) the declaration referred to in Article 3 (1) (a) (XVII) or the declaration and proof referred to in Article 3 (1) (b), provided that and as required by the laws of the Contracting Party, such declarations must be signed by the applicant, even if he has a representative, if the said legislation so requires.
(b) The Contracting Party may approve as the date of filing the application the date on which the Office has received only some and not all of the particulars and elements referred to in subparagraph (a) or received them in a language other than that required in Article 3 (3).
2) / Other permissible particulars /
(a) The Contracting Party may provide that it shall not approve the date of submission until the required fees have been paid.
(b) A Contracting Party may apply the formalities referred to in subparagraph (a) only if it has applied them at the time when it became a party to this Treaty.
3) / Removal of defects and time limits /
The possibilities and time limits for the removal of defects referred to in paragraphs 1 and 2 shall be laid down in the implementing rules.
4) / Prohibition of further formalities /
With regard to the date of submission, no Contracting Party may require that further formalities than those referred to in paragraphs 1 and 2 be completed.
Single entry for goods and / or services belonging to several classes
Where goods and / or services belonging to several classes of Nice classification are indicated in one and the same application, the result of such application shall be a single and the same registration.
Division of application and registration
1) / Division of application /
(a) Each application covering more than one product and / or service (the original application) may be,
(I) at least until the decision of the Office on the registration of a trade mark,
(II) during any opposition proceedings against the decision of the Office to register the trade mark.
(III) during any appeal proceedings against the Office's decision to register a trade mark,
subdivided by the applicant or at his request into several applications (hereinafter referred to as "split applications') so that the products and / or services of the original application are subdivided into split applications. The split applications shall retain the date on which the original application is submitted and the advantage of priority where applicable.
(b) Subject to subparagraph (a), each Contracting Party may lay down the formalities for the division of the application, including the payment of fees.
2) / Division of registration /
Paragraph 1 shall apply mutatis mutandis to the division of the registration. This distribution is permitted,
(I) during any procedure in which third parties challenge the validity of the minutes before the Office,
(II) during any appeal proceedings against the Office's decision in the abovementioned proceedings;
However, the Contracting Party may exclude the possibility of splitting the minutes if its legislation allows third parties to object to the registration of the mark before such registration takes place.
Signature
1) / Communication on paper /
Where a communication is made to the Office of a Contracting Party on paper and a signature is required, that Contracting Party shall:
(I) subject to point III, accept the signature by hand,
(II) may allow the use of other forms of signature, such as a printed signature or a stamp signature or the use of a seal, instead of the signature of the written hands;
(III) may require; where the natural person signing the communication is a national of the Contracting Party concerned and has an address in its territory to use the seal instead of the signature of the written hand,
(IV) where the seal is used, it may require it to be supplemented by the name of the natural person whose seal is used in letters.
2) / Communications sent by fax /
(a) Where a Contracting Party authorises the communication to the Office by fax, the communication shall be deemed to have been signed if the copy of the telefax apparatus shows the reproduction of the signature or reproduction of the seal, together with an indication of the name of the natural person whose seal is used, in the letters, if required under paragraph 1 (IV).
(b) The Contracting Party referred to in the subparagraph (a) may require that paper, the reproduction of which has been sent by fax, be submitted to the Office within a certain period, subject to the minimum period prescribed by the Implementing Rules.
3) / Communications sent by electronic means /
Where a Contracting Party authorises the communication to the Office by electronic means, it shall consider that communication to be signed if the communication allows its consignors to be identified by electronic means under the conditions prescribed by the relevant Contracting Party.
4) / Prohibition of requiring verification /
No Contracting Party may require the signature or other means of identification referred to in the preceding paragraphs to be certified, notarized, validated, legalised or otherwise endorsed, except where the legislation of the Contracting Party so provides and the signature relates to the surrender of registration.
Classification of products and / or services
1) / Indication of products and / or services /
Each registration and any publication of a registration or application made by the Office containing an indication of the goods and / or services shall indicate the names of the goods and / or services grouped by class of the Nice Classification, each class of goods and / or services being preceded by the class number of that classification to which they belong and shall be listed in the order of the classes of that classification.
2) / Products or services in the same class or in different classes /
(a) Products or services cannot be considered to be similar on the grounds that they are listed in the same class of Nice Classification in the registration or publication of the Office.
(b) Products or services may not be considered to be similar on the grounds that they are listed in different classes of Nice Classification in the registration or publication of the Office.
Change of name or address
1) / Change of owner's name or address /
(a) If there is no change in the person of the owner but his name and / or address has changed, each Contracting Party shall permit the request for an amendment to the Office's stamp register to be submitted in a communication signed by the owner or his representative indicating the number of the registration and the amendment to be recorded. As regards the particulars of the application submitted, no Contracting Party shall refuse the application,
(I) where the application is submitted in writing, if it is submitted, subject to subparagraph (c), on a form corresponding to the application form referred to in the Implementing Rules,
(II) where the Contracting Party authorises the transmission of a communication to the Office by fax and the request is sent in such a way if the paper specimen resulting from such dispatch corresponds, subject to subparagraph (c), to the application form referred to in point (I).
(b) Each Contracting Party may require the application to indicate:
(I) the name and address of the owner;
(II) if the owner has a representative, his name and address;
(III) if the owner has an address for delivery, this address.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 199 / 1996 Coll., on the negotiation of the Agreement on Stamp Law |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.08.1996 |
|---|---|
| Effective from | 01.08.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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