Communication from the Ministry of Foreign Affairs No. 248 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the access of the Czech Republic to the Protocol to the Madrid Agreement on the International Registration of Trade Marks
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248
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that a Protocol to the Madrid Agreement on the International Registration of Trade Marks was adopted in Madrid on 27 June 1989.
The Charter on the access of the Czech Republic to the Protocol to the Madrid Agreement on the International Registration of Trade Marks was deposited with the Director-General of the World Intellectual Property Organisation, depositary of the Protocol, on 25 June 1996.
The Protocol entered into force on 1 December 1995 and for the Czech Republic pursuant to Article 14 (4) (a) thereof. (b) the same Article and paragraph of 25 September 1996.
The Czech translation of the Protocol is being announced simultaneously.
PROTOCOL
THE MADRID AGREEMENT ON THE INTERNATIONAL WRITTEN OF PROTECTION NOTES
negotiated in Madrid on 27 June 1989
List of Articles of the Protocol
| Článek 1: | Členství v Madridské unii |
| Článek 2: | Získání ochrany mezinárodním zápisem |
| Článek 3: | Mezinárodní přihláška |
| Článek 3 bis: | Uzemní účinek |
| Článek 3 ter: | Žádost o „územní rozšíření“ |
| Článek 4: | Účinky mezinárodního zápisu |
| Článek 4 bis: | Nahrazení národního nebo regionálního zápisu mezinárodním zápisem |
| Článek 5: | Odmítnutí a neplatnost účinků mezinárodního zápisu ve vztahu k určitým smluvním stranám |
| Článek 5 bis: | Doklady o oprávnění užívat některé prvky v ochranné známce |
| Článek 5 ter: | Opisy záznamů v mezinárodním rejstříku; rešerše na starší práva; výpisy z mezinárodního rejstříku |
| Článek 6: | Doba platnosti mezinárodního zápisu; závislost a nezávislost mezinárodního zápisu |
| Článek 7: | Obnova mezinárodního zápisu |
| Článek 8: | Poplatky za mezinárodní přihlášku a mezinárodní zápis |
| Článek 9: | Záznam změny majitele mezinárodního zápisu |
| Článek 9 bis: | Záznamy jiných skutečností, které se týkají mezinárodního zápisu |
| Článek 9 ter: | Poplatky za některé záznamy |
| Článek 9 quater: | Společný úřad pro několik smluvních států |
| Článek 9 quinquies: | Přeměna mezinárodního zápisu na národní nebo regionální přihlášky |
| Článek 9 sexies: | Zachování Madridské dohody ve stockholmském znění |
| Článek 10: | Shromáždění |
| Článek 11: | Mezinárodní úřad |
| Článek 12: | Finance |
| Článek 13: | Změny některých článků tohoto Protokolu |
| Článek 14: | Členství v Protokolu; platnost |
| Článek 15: | Výpověď |
| Článek 16: | Podpis; jazyky; uložení |
Membership in the Madrid Union
The States Parties to this Protocol (hereinafter referred to as "the Parties'), even if they are not Parties to the Madrid Agreement on the International Registration of Trade Marks revised in Stockholm in 1967 and supplemented in 1979 (hereinafter referred to as" the Madrid Agreement in the Stockholm text ') and to the organisations referred to in Article 14 (1) (b) which are parties to this Protocol (hereinafter referred to as "the Parties'), shall be members of the same Union as the States Party to the Madrid Agreement in the Stockholm text. The term" Contracting Parties' in this Protocol means both Contracting States and Contracting Organisations.
Obtaining protection by international registration
(1) Where a trade mark application for registration has been filed with the Office of a Contracting Party or a trade mark has been entered in the Register of the Office of a Contracting Party, the person who is the applicant in that application (hereinafter referred to as the "basic application") or the proprietor of that registration (hereinafter referred to as the "basic registration") may, under the conditions laid down in this Protocol, ensure the protection of his trade mark in the territory of the Contracting Parties by obtaining the registration of that trade mark in the Register kept by the International Office of the World Intellectual Property Organisation (hereinafter referred to as "International Register," International Register, "International Office" and "Organisation"), provided that:
(I) If the basic application has been filed with the Office of the Contracting State or if the basic registration has been filed with that Office, the person who is the applicant in that application or the holder of that registration shall be a national of that Contracting State or has its registered office or residence in that Contracting State or a genuine industrial or commercial undertaking;
(II) If the basic application has been filed with the office of a contracting organisation or if the basic registration has been registered with such an office, the person who is the applicant in that application or the holder of that registration shall be a national of the Member State of that contracting organisation or has its registered office or residence or a genuine industrial or commercial undertaking in the territory of that contractual organisation.
(2) An application for an international registration (hereinafter referred to as the "international application") shall be submitted to the International Office by means of an Office with which, according to the nature of the case, a basic application has been filed or a basic registration has taken place (hereinafter referred to as the "Office of Origin").
(3) The term "Office" or "Office of a Contracting Party" in this Protocol shall mean the Office which has entrusted the Contracting Party with the registration of trade marks and the term "trade marks" shall mean both trade marks registered for products and trade marks registered for services.
(4) "Contracting Party's territory" means the territory of that State in this Protocol, if a Contracting Party is a Contracting Party, and if a Contracting Party is an intergovernmental organisation, the territory to which the Treaty establishing that intergovernmental organisation applies.
International application
1) Any international application under this Protocol shall be submitted using the form prescribed in the implementing rules. The Office of origin shall certify that the information contained in the international application corresponds at the time of confirmation to the information contained in the basic application or the basic registration, depending on the nature of the case. This Office shall also specify:
(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 such registration and the date and number of the application on the basis of which the registration took place.
The Office of Origin shall also indicate the date of the international application.
(2) The applicant must indicate the goods and services for which the mark is sought and, where possible, the relevant class or class according to the classification established by the Nice Agreement on the international classification of goods and services for the purposes of registration of trade marks. If the applicant does not provide such information, the International Bureau shall classify the goods and services in the relevant classes of that classification. The International Bureau shall, in cooperation with the Office of Origin, carry out the classification check provided by the applicant. In the event of disagreement between this Office and the International Bureau, the opinion of the International Bureau shall be determined.
3) If the applicant claims to be a colour as a distinguishing element of his trade mark, he shall be required to:
(I) declare this fact and state in its international application this claimed colour or combination of colours;
(II) add to its international application the colour of the trade mark, which shall accompany its notifications; the number of such copies shall be laid down in the implementing rules.
4) Trademarks registered under Article 2 shall be registered immediately by the International Bureau. The international registration shall have the date on which the Office of Origin has received the international application, provided that the International Bureau has received the international application within two months of that date. If the International Bureau has not received an international application within that period, the international registration shall be dated on the date on which the International Office received that international application. The International Bureau shall immediately notify the international registration to the authorities concerned. Trademarks registered in the international register shall be published in the periodic journal issued by the International Bureau on the basis of the information contained in the international application.
5) For the necessary publication of trade marks registered in the international register, each Office shall receive, under the conditions laid down by the Assembly referred to in Article 10 ("the Assembly"), a number of copies of that notice free of charge and a number of copies at reduced prices. Such publication shall be considered sufficient for the purposes of all Contracting Parties and the holder of an international registration shall not be entitled to require any further publication.
Territorial effect
Protection resulting from an international registration shall apply to the Contracting Party only at the request of the person submitting the international application or who owns the international registration. However, such a request may not be made against a Contracting Party whose Office is the Office of Origin.
Application for "territorial extension"
1) Any requirement to extend the protection resulting from an international registration to any Contracting Party shall be specified in particular in the international application.
2) The requirement for territorial enlargement may also be made following the international registration. Each such requirement shall be submitted on the form prescribed by the implementing rules. It shall immediately be recorded by the International Bureau and shall immediately notify that alert to the Office or authorities concerned. That entry shall be published in the periodic bulletin issued by the International Bureau. Territorial enlargement shall take effect from the date on which it was entered in the international register; the expiry of the international registration to which it relates.
Effects of international registration
(1) (a) From the date of registration of the trade mark or of an alert made in accordance with Articles 3 and 3, the protection of the trade mark in each of the Contracting Parties to which it relates shall be the same as if it had been registered directly at the Office of that Contracting Party. Where a refusal pursuant to Article 5 (1) and (2) has not been notified to the International Bureau, or if the refusal communicated pursuant to that Article has later been withdrawn, the protection of the trade mark in the Contracting Parties to which it relates shall be the same as if the trade mark had been registered by the Office of that Contracting Party.
(b) The indication of the classes of goods and services provided for in Article 3 shall not oblige the Contracting Parties as to the extent of the protection of the trade mark.
2) Each international registration shall enjoy the right of priority under Article 4 of the Paris Convention for the Protection of Industrial Property without the need to comply with the requirements laid down in point D of that Article.
Replacement of a national or regional registration by international registration
(1) For a trade mark which is nationally or regionally registered with the Office of a Contracting Party and which is simultaneously internationally registered and is both registered in the name of the same person, the international registration shall be deemed to replace the national or regional registration without prejudice to the rights acquired by that registration, provided that:
(I) the protection resulting from the international registration applies to that Contracting Party pursuant to Article 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 relation to that Contracting Party,
(III) The above extension shall take effect after the date of the national or regional registration.
2. The Office referred to in paragraph 1 shall, upon request, record an international registration in its register.
Refusal and nullity of the effects of an international registration in relation to certain Contracting Parties
(1) Where the legislation in force so permits, the Office of a Contracting Party to which the International Office has notified the extension of the protection resulting from the international registration to that Contracting Party pursuant to Article 3ter (1) or (2) shall be entitled in the communication of refusal to declare that the trade mark which is the subject of that extension cannot be granted protection in that Contracting Party. Any such refusal may be based only on grounds which, under the Paris Convention for the Protection of Industrial Property, would be considered if the trade mark was registered directly with the Office which notified the refusal. However, protection cannot be refused, even in part, only because the legislation in force allows registration only for a limited number of classes or for a limited number of goods or services.
(2) (a) Any Office wishing to exercise that right shall notify its refusal, together with all the grounds for its refusal, to the International Office within the time limit laid down for that Office by the applicable legislation, subject at the latest, subject to subparagraphs (b) and (c), within one year of the date on which the International Office sent the extension notice referred to in paragraph 1 to that Office.
(b) Notwithstanding subparagraph (a), each Contracting Party may declare that, for international registrations made under this Protocol, the period of one year referred to in subparagraph (a) shall be 18 months.
(c) It may be further specified in such a declaration that, where a refusal of protection may result from opposition proceedings against the granting of protection, the Office of that Contracting Party may communicate such refusal to the International Bureau only after an 18-month period has elapsed. However, such an office may communicate a refusal of protection in respect of the relevant international registration after an 18-month period only if:
(I) inform the International Bureau, before the expiry of the 18-month period, of the possibility of objections being raised after the 18-month period; and
(II) A notice of refusal based on an objection shall be made no later than seven months from the date on which the period for the submission of the objection begins to run; where the period for the submission of an objection expires before the expiry of seven months, the notification shall be made within one month of the expiry of that period for the submission of the objection.
(d) Any declaration under subparagraphs (b) or (c) may be made in the documents referred to in Article 14 (2) and the effective date of the declaration shall coincide with the date of entry into force of the Protocol for the State or intergovernmental organisation which made the declaration. Such a declaration may also be made at a later date, which shall take effect three months after it has been received by the Director-General of the Organisation (hereinafter referred to as "the Director-General ') or at any later date specified in that declaration, in relation to international entries whose date is equal to or later than the effective date of the declaration.
(e) On expiry of a period of 10 years from the entry into force of this Protocol, the Assembly shall proceed to verify the functioning of the system provided for in subparagraphs (a) to (d). Thereafter, the provisions of those subparagraphs may be amended by a unanimous decision of the Assembly.
3) The International Bureau shall immediately forward a copy of the communication of refusal to the holder of the international registration. The proprietor shall be entitled to use all remedies as if he had applied for the trade mark directly to the Office which notified the refusal. Where the International Bureau has received the information referred to in paragraph 2 (c) (I), it shall send it without delay to the holder of the international registration.
4) The reasons for refusal of a trade mark shall be notified by the International Office to any person who is of legal interest if he so requests.
(5) The Office which has not notified the International Bureau of the provisional or definitive refusal of the international registration referred to in paragraphs 1 and 2 shall, in respect of that international registration, lose the opportunity to exercise its right under paragraph 1.
(6) The competent authorities of the Contracting Party may not decide to invalidate the effects of an international registration in the territory of the Contracting Party without giving the holder of that international registration the opportunity to defend his rights within a reasonable period of time. Invalidity shall be notified to the International Bureau.
Evidence of authorisation to use certain elements in the trade mark
Proofs of authorisation to use certain elements contained in trade marks such as coats of arms, shields, figurines, honours, titles, trade names or names of persons different from the name of the applicant or other similar information which might be required by the authorities of the Contracting Parties shall be exempt from any legalisation and any verification other than that of the Office of origin.
Copies of alerts in the international register; search for older rights; extracts from the international register
1) For the fee provided for in the implementing rules, any person who so requests shall issue a copy of the information entered in the international register on a trade mark.
2) The International Bureau may also carry out search for older rights in internationally registered trade marks.
(3) Statements from the international register required for submission in one of the Contracting Parties shall be exempt from any legalisation.
Duration of international registration; dependence and independence of international registration
1) The registration of a trade mark with the International Office shall be valid for 10 years, subject to the conditions laid down in Article 7.
2) By the expiry of five years from the date of the international registration, such registration shall become independent, depending on the nature of the case, on the basic application or on the basic registration, subject to the following provisions.
(3) The protection resulting from the international registration, whether or not it has been transferred, may no longer be invoked if, before the expiry of a period of five years from the date of the international registration, according to the nature of the case, the basic application or registration resulting from the international registration has been withdrawn, has been withdrawn, the right of the trade mark has been waived, a final decision has been taken on its refusal, revocation, erasure or invalidity for all the goods and services listed in the international registration or for some of them. The same shall apply provided that the procedure:
(I) an appeal against the decision to reject the effects of the basic application,
(II) an action for the withdrawal of a basic application or for the revocation, erasure or invalidity of a registration under it; or
III) on objections to the basic application
they shall terminate after five years by issuing a final decision rejecting, revoking, erasure or nullifying or ordering withdrawal, depending on the nature of the case, the basic application or registration resulting therefrom or the basic registration, provided that the appeal, action or objection has been brought before the expiry of that period. The same shall apply where the basic application has been withdrawn or where the registration of the basic application or the basic registration has been refused after a period of five years, provided that at the time of the withdrawal or waiver the said application or registration has been the subject of the proceedings referred to in points (I), (II) or (III) and that such proceedings have been initiated before the expiry of that period.
(4) The Office of Origin shall, in accordance with the implementing rules of the International Bureau, notify the relevant facts and decisions referred to in paragraph 3 and shall communicate them in accordance with the implementing rules to the parties concerned and make the relevant publication. Where appropriate, the Office of Origin shall request the International Bureau to delete the international registration where possible and the International Office shall comply with the request.
Renewal of international registration
1) Each international registration may be renewed only by paying the basic fee and subject to Article 8 (7) by paying the additional and additional fees provided for in Article 8 (2) for a period of 10 years from the end of the previous period.
2) Restoration cannot contain any change in international registration against its latest status.
(3) The International Bureau shall remind the holder of the international registration or, where appropriate, his representative six months before the expiry of the period of protection, by means of an official communication, of the exact date on which that period expires.
(4) For the renewal of the international registration, a six-month settlement shall be granted at the surcharge provided for in the implementing rules.
Fees for international applications and international registration
1) The Office of Origin will be able, at its discretion, to determine and collect in its favour a fee from the applicant or holder of an international registration for filing an international application or for renewing an international registration.
(2) The registration of a trade mark with the International Office shall be subject to the prior payment of an international fee which, subject to paragraph 7 (a), shall consist of:
(I) the basic fee;
(II) an additional fee for each additional class of international classification exceeding three classes of goods or services covered by the trade mark;
(III) the supplementary fee for each application for extension of the protection referred to in Article 3 ter.
(3) However, if the number of classes has been determined or challenged by the International Bureau, the additional fee referred to in paragraph 2 (II) may be paid within the period laid down in the implementing rules, without affecting the date of the international registration. Should the additional fee not be paid by the expiry of that period, or should the applicant not limit the list of goods or services to the extent necessary, the international application shall be deemed to have been waived.
(4) The annual proceeds of the individual revenue from the international registration, with the exception of the revenue from the fees referred to in paragraphs 2 (II) and (III), shall be distributed by the International Office equally between the Contracting Parties after deduction of the costs and expenses incurred in implementing this Protocol.
5) The amounts of the additional fees referred to in paragraph 2 (II) shall be distributed to the Contracting Parties at the end of each year in proportion to the number of marks for which protection has been claimed for each of the Contracting Parties during the previous year, the number being determined by the coefficient laid down in the implementing rules for the parties to the survey.
(6) The amounts of the additional charges referred to in paragraph 2 (III) shall be broken down in accordance with the same rules as in paragraph 5.
(7) (a) Each Contracting Party may declare that it wishes to receive a fee (hereinafter referred to as the "individual fee") for each international registration, which may be amended by subsequent declarations but which may not exceed the amount which the Office of that Contracting Party would be entitled to receive from the applicant for registration of a trade mark in the Register of that Office for 10 years or from the holder of the registration for renewal for 10 years, reduced by savings resulting from international proceedings. Where such an individual fee is paid,
(I) where, pursuant to Article 3 ter, only the Contracting Parties which have made the declaration referred to in this subparagraph are listed, no additional fee referred to in paragraph 2 II may be required; and
(II) no additional fee as referred to in paragraph 2 III may be required for the Contracting Party which has made the declaration referred to in this subparagraph.
(b) Any declaration referred to in subparagraph (a) may be made in the documents provided for in Article 14 (2) and the effective date of such declaration shall coincide with the date of entry into force of this Protocol for the State or intergovernmental organisation which made the declaration. Such a declaration may be made at a later stage, with the declaration taking effect three months after the receipt by the Director-General of such declaration or at any later date indicated therein, in relation to international entries whose date is equal to or later than the date of effective declaration.
Record of changes to the international registration holder
At the request of the person on whose behalf the international registration is to be registered, or at the request of the competent authority, lodged ex officio or at the request of the person to whom the amendment relates, the International Office shall record in the international register any change to the owner of the registration for all the Contracting Parties in whose territory the registration is valid, or only some of them, and for all the goods and services listed in the minutes or for some of them, provided that the new owner is entitled to submit international applications pursuant to Article 2 (1).
Records of other facts relating to international registration
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 provisions of the representative of the holder of the international registration and any other relevant indication concerning such representative,
(III) any restriction on the goods and services listed in the international registration for all or some of the Contracting Parties;
(IV) any surrender of protection, erasure or invalidity of an international registration for all or some of the Contracting Parties;
(V) any other relevant indication referred to in the implementing rules relating to the rights of an internationally registered trade mark.
Fees for certain records
Any entry under Article 9 or Article 9 bis may be subject to a charge.
Joint Office for several Contracting States
1) If several Contracting States agree to unify their national trade mark legislation, they may notify the Director-General,
(I) their national authorities are replaced by the common authority; and
(II) For the implementation of all provisions preceding this Article or some of them, as well as Articles 9 quinquies and 9 sexies, the whole of their respective territories shall be considered as a single State.
2) This notification shall not take effect more than three months after the date on which the Director-General has communicated it to the other Contracting Parties.
Transformation of international registration into national or regional applications
Where an international registration is deleted at the request of the Office of origin referred to in Article 6 (4) for all the goods and services referred to in that registration or for one of them, and the person who has been the holder of the international registration submits an application for registration of the same trade mark to the Office of one of the Contracting Parties in whose territory the international registration was valid, that application shall be treated as if it had been submitted on the date of the international registration referred to in Article 3 (4) or on the date of registration of the territorial extension referred to in Article 3 (2), and where the international registration has enjoyed the right of priority, that application shall enjoy the same right of priority, provided that:
(I) the application shall be filed within three months of the date on which the international registration was deleted;
(II) the goods and services listed in the application will be effectively covered by the list of goods and services contained in the international registration for the Contracting Party to which the application relates; and
(III) that application will meet all the requirements of the applicable right, including those relating to fees.
Maintaining the Madrid Agreement in the Stockholm version
(1) Where the Office of origin is for the international application or registration in question the Office of the State Party to both this Protocol and the Madrid Agreement in the Stockholm version, the provisions of this Protocol shall not have effect on the territory of any other State which is also a Party to this Protocol and the Madrid Agreement in the Stockholm version.
2) As from 10 years after the entry into force of this Protocol, but not before 5 years after the date on which the majority of the Member States of the Madrid Agreement, as amended by the Stockholm Convention, become a party to this Protocol, the Assembly may, by a three-quarters majority, abolish paragraph 1 or limit its scope. Only States which are parties to both the Agreement and this Protocol have the right to vote in the Assembly.
Assembly
1) (a) The Contracting Parties shall be members of the same Assembly as the Member States of the Madrid Agreement in the Stockholm version.
(b) Each Contracting Party shall be represented in the Assembly by a delegate who may have representatives, advisers and experts.
(c) The expenditure of each delegation shall be borne by the Contracting Party which has established it, with the exception of the travel and residence costs of one delegate from each Contracting Party to be reimbursed from the Union.
2) In addition to the functions of the Assembly under the Madrid Agreement in the Stockholm version, the Assembly also:
(I) discuss all matters relating to the implementation of this Protocol;
(II) give guidance to the International Bureau for the preparation of conferences for the revision of this Protocol, taking into account comments from those States of the Union which are not party to this Protocol;
(III) approve and amend the provisions of the implementing rules concerning the implementation of this Protocol;
(IV) carry out all other functions relevant under this Protocol.
(a) Each Contracting Party shall have one vote in the Assembly. Contracting Parties which are not parties to the Madrid Agreement in the Stockholm version shall not have the right to vote on matters which concern only the Member States of that Agreement, while only those Contracting Parties have the right to vote.
(b) Half of the members of the Assembly who have the right to vote on the matter shall constitute a quorum for the purposes of voting on the matter.
(c) Notwithstanding the provisions of subparagraph (b), if the number of representatives of the Assembly who have the right to vote on the matter is less than half but equal to or greater than one third of the members of the Assembly who have the right to vote on the matter, the Assembly may take decisions; However, the decisions of the Assembly shall be effective, except in the case of procedural decisions, only if the following conditions are met. The International Bureau shall notify those decisions to the members of the Assembly who have the right to vote on the matter and who have not been represented and shall invite them to submit their vote or abstention in writing within three months of the date of such communication. If, on expiry of that period, the number of members who have so submitted their vote or abstention is at least equal to the number of members who have been absent from the meeting to reach the quota, such decisions shall become effective provided that the necessary majority is achieved at the same time.
(d) In addition to the provisions of Articles 5 (2) (e), 9 (2), (12) and 13 (2), the decisions of the Assembly shall be adopted by a two-thirds majority of the votes cast.
(e) Abstention shall not be considered a vote.
f) One delegate may represent only one member of the Assembly and may vote only on his behalf.
4) In addition to the ordinary and extraordinary meetings under the Madrid Agreement in the Stockholm version, the Assembly shall meet at a special meeting convened by the Director-General at the request of one quarter of the members of the Assembly who have the right to vote on matters proposed for the agenda. The agenda for such extraordinary meetings shall be prepared by the Director-General.
International Bureau
1) The International Bureau shall carry out international entries and associated duties as well as other administrative tasks under this Protocol or in connection with it.
2) (a) In accordance with the instructions of the Assembly, the International Bureau is preparing conferences for the revision of this Protocol.
(b) The International Bureau may consult intergovernmental and international NGOs on the preparation of those review conferences.
(c) The Director-General and the persons designated by him shall participate in the meetings of those review conferences without the right to vote.
3) The International Bureau shall carry out all other tasks assigned to it in relation to this Protocol.
Finance
As regards the Contracting Parties, the Union's financial affairs shall be governed by the same provisions as those laid down in Article 12 of the Madrid Agreement in the Stockholm version, whereby any reference to Article 8 of that Agreement shall be construed as referring to Article 8 of this Protocol. In addition, for the purposes of Article 12 (6) (b) of that Agreement, contracting organisations shall be deemed to belong to class I (one) contribution under the Paris Convention for the Protection of Industrial Property, unless the Assembly unanimously takes the opposite decision.
Amendments to certain Articles of this Protocol
1) Proposals for amendments to Articles 10, 11, 12 and this Article may be made by any Contracting Party or by the Director-General. The Director-General shall notify those proposals to the Contracting Parties at least six months before their assessment in the Assembly.
2. Any amendment to the Articles referred to in paragraph 1 shall be approved by the Assembly. Three quarters of the votes cast shall be required for approval; However, four fifths of the votes cast shall be required for any amendment to Article 10 and this paragraph.
(3) Any amendment to the articles referred to in paragraph 1 shall take effect one month after receipt by the Director-General of written notification of their approval under the relevant constitutional rules from three quarters of the States and intergovernmental organisations which were members of the Assembly at the time of approval of the amendment and which had the right to vote on the amendment. Any such amendment to the said Articles shall bind all States and intergovernmental organisations which are Contracting Parties at the time of entry into force of the amendment or which become Parties at any later date.
Membership of the Protocol, validity
1) (a) Any Member State of the Paris Convention for the Protection of Industrial Property may become a Party to this Protocol.
(b) In addition, any intergovernmental organisation may also become a Contracting Party to the Protocol, subject to the following conditions:
(I) at least one of the Member States of that organisation is a party to the Paris Convention for the Protection of Industrial Property;
(II) that organisation shall have a regional trade mark registration office having effect in the territory of the organisation, provided that such an office is not an office within the meaning of the notification provided for in Article 9 of the quater.
(2) This Protocol may be signed by any State or organisation referred to in paragraph 1. Each State or organisation referred to in paragraph 1 may, if they have signed this Protocol, deposit a instrument of ratification, acceptance or approval of this Protocol or, if they have not signed this Protocol, deposit a instrument of accession to this Protocol.
(3) The instruments referred to in paragraph 2 shall be deposited with the Director-General.
(4) (a) This Protocol shall enter into force three months after the deposit of the four instruments of ratification, acceptance, approval or accession provided that at least one of these instruments has been deposited by the Member State of the Madrid Agreement in the Stockholm version and at least one other instrument has been deposited by the non-Member State of the Madrid Agreement in the Stockholm version or by the organisation referred to in paragraph 1 (b).
(b) For each other State or organisation referred to in paragraph 1, this Protocol shall become applicable three months after the date on which the Director-General has notified its ratification, acceptance, approval or access.
5) Any State or organisation referred to in paragraph 1 may declare, on deposit of the instrument of ratification, acceptance or approval of this Protocol or the instrument of access to that Protocol, that that State or organisation shall not be subject to the extension of the protection of international registration carried out under this Protocol before the date of entry into force of that Protocol for that State or organisation.
Termination
1) This Protocol shall remain in force without a time limit.
2) Each Contracting Party may terminate this Protocol by notifying the Director-General.
3) The denunciation shall take effect one year after the date on which the Director-General received the notification.
(4) The right of termination provided for in this Article may not be exercised by any Contracting Party before the expiry of five years from the date on which the Protocol entered into force for that Contracting Party.
(5) (a) Where an internationally registered trade mark is in force on the date of effective denunciation in a State or an intergovernmental organisation which denies this Protocol, the proprietor of that registration may lodge with the Office of that State or an intergovernmental organisation an application for the same trade mark to be treated as if it had been filed on the date of the international registration referred to in Article 3 (4) or on the date of the record of the territorial extension referred to in Article 3ter (2), and which, if the international registration enjoys priority, shall enjoy the same right of priority, provided that:
(I) the application shall be filed within two years of the date on which the notice became effective,
(II) the goods and services listed in the application will be effectively covered by the list of goods and services contained in the international registration for the State or intergovernmental organisation which has terminated this Protocol; and
(III) that application will meet all the requirements of the applicable right, including those relating to fees.
(b) The provisions of subparagraph (a) shall also apply to any internationally registered trade mark in force on the date of entry into force of the denunciation in the territory of the Contracting Parties other than the State or intergovernmental organisation which declares this Protocol, the holder of which is no longer entitled to submit international applications pursuant to Article 2 (1) as a result of the denunciation.
Signature; languages; deposit
1) (a) This Protocol shall be signed in a single copy in the French, English and Spanish languages and shall be deposited with the Director-General when its opening for signature in Madrid. The texts in these three languages are equally authentic.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 248 / 1996 Coll., on the access of the Czech Republic to the Protocol to the Madrid Agreement on the International Registration of Trade Marks |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.1996 |
|---|---|
| Effective from | 25.09.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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