Decree No 67 / 1967 Coll.
Decree of the Minister for Foreign Affairs on the Madrid Agreement on the International Registration of factory or trade marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Nice on 15 June 1957
Valid
Effective from 15.12.1966
67
DECLARATION
Minister for Foreign Affairs
of 31 May 1967
on the Madrid Agreement on the International Registration of factory or trade marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Nice on 15 June 1957
On 15 June 1957 a new revision of the Madrid Agreement on the international registration of factory or trade marks of 14 April 1891 was negotiated in Nice.
The President of the Republic of Madrid of 14 April 1891, as agreed in Nice on 15 June 1957, ratified and deposited the instrument of ratification with the French Government, the depositary of the Agreement, on 21 October 1960.
The Agreement entered into force on 15 December 1966 pursuant to Article 12 (2) thereof. It entered into force on the same day for the Czechoslovak Socialist Republic.
The Czech translation of the Agreement is announced simultaneously.
David v. r.
MADRID AGREEMENT
on the international registration of factory or trade marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Nice on 15 June 1957
(1) The countries to which this Agreement applies constitute a Special Union for the International Registration of Marks.
(2) Members of each Contracting State will be able to ensure the protection of their trade marks for goods or services registered in the country of origin in all other Contracting States of this Agreement by filing such marks with the International Industrial Property Protection Office through the Office of that country of origin.
(3) The country of origin shall be the country of the Special Union in which the applicant has a genuine industrial or commercial establishment; if there is no such plant in a country of the Special Union, the country of the Special Union where it is resident; However, if he does not reside in the Special Union, the country where he belongs according to his nationality, if he is a member of a country of the Special Union.
Members of the Contracting States shall be assimilated to non-acceding countries which, within the territory of the Special Union established by this Agreement, comply with the conditions laid down in Article 3 of the Paris Convention for the Protection of Industrial Property.
(1) Any application for international registration must be submitted using the form prescribed in the implementing regulation. The Office of the country of origin shall certify that the information contained in this application conforms to that of the national register and shall indicate the dates and numbers of the application and registration of the mark in the country of origin as well as the date of the application for international registration.
(2) The applicant shall indicate the goods or services for which the mark protection is sought as well as, where possible, the corresponding class or class according to the classification established by the Nice Agreement on the international classification of goods and services for the purposes of factory or trade marks. If the applicant does not provide this indication, the products or goods shall be classified by the International Bureau in the corresponding classes of this classification. The classification indicated by the applicant shall be subject to an inspection by the International Office in cooperation with the National Office. In the event of disagreement between the National Office and the International Office, the opinion of the International Office shall be decisive.
(3) If the applicant requests a colour as a distinguishing sign of his mark, he shall:
1. expressly declare this and attach a note to its application indicating the required colour or colour assembly;
2. to its request to attach the colour prints of the mark concerned, the International Bureau shall then attach them to its notifications. The number of such prints shall be laid down in the implementing regulation.
(4) The International Bureau shall immediately record the stamps applied for in accordance with Article 1. The registration shall be marked with the date of the application for international registration in the country of origin if it is received by the International Bureau within two months, including from that date. If the request is not received within this period, the International Bureau shall enter it with the date on which it has run out. The International Bureau shall immediately notify such registration to the Participating Authorities. The registered stamps shall be published in the periodic bulletin issued by the International Bureau, according to the information contained in the registration application. With regard to marks which contain an image element or a specific font, the implementing regulation shall determine whether the applicant is to supply a plate.
(5) In order to be known in the Contracting States, each Office shall receive from the International Bureau a number at a reduced price in proportion to the number of units referred to in Article 13 (8) of the Paris Convention for the Protection of Industrial Property under the conditions laid down in the implementing provisions. This publication shall be considered to be entirely sufficient in all the Contracting States and no other publication may be requested from the applicant.
(1) Each Contracting State may at any time notify the Swiss Federal Government in writing that the protection resulting from the international registration will only apply to its country if the applicant expressly so requests.
(2) This notification shall not take effect until six months after the date on which the Swiss Federal Government notifies the other Contracting States. However, this period shall not apply to countries which, when ratifying or acceding, use the possibilities referred to in paragraph 1.
(1) An application for extension of the protection resulting from an international registration to a country which has applied the possibilities of Article 3 bis must be specifically indicated in the application referred to in paragraph 1 of Article 3.
(2) An application for territorial extension, submitted following an application for international registration, must be submitted via the Office of the country of origin using the form prescribed by the Implementing Regulation. The International Bureau shall record the application immediately and notify it without delay to the competent authority or competent authorities and publish it in its periodic journal. This territorial extension shall take effect from the date of entry into the international register and shall cease to be effective by the termination of the international registration of the corresponding mark.
(1) Since such registration has been carried out in accordance with the provisions of Articles 3 and 3 ter with the International Office, the mark in each participating Contracting State shall be protected as if it had been registered there directly. The classification of the goods or services provided for in Article 3 shall in no way bind the Contracting States to assess the scope of the mark.
(2) Any mark which has been internationally registered will enjoy the priority right provided for in Article 4. The Paris Convention for the Protection of Industrial Property, for which the formalities referred to in point D of that Article need not be completed.
(1) When a mark applied for in one or more of the Contracting States has later been registered by the International Office for the Same Owner (titulaire) or by his successor in title, the international registration shall be deemed to be an entry entering the place of former national entries without prejudice to the rights acquired by those entries.
(2) The national authority shall, upon request, record the international registration in its registers.
(1) In countries whose laws empower them to do so, the authorities to which the International Bureau has notified the registration of a mark or an application for extension of protection applied within the meaning of Article 3 ter may declare that that mark may not be granted protection in their territory. However, such a refusal may only be made under conditions which, under the Paris Convention for the Protection of Industrial Property, would apply to the mark applied for. However, protection cannot be refused only partially because national legislation allows registration only for a limited number of classes or for a limited number of products or services.
(2) The authorities wishing to apply this authorisation must notify the International Bureau of their refusal, stating all the reasons for it, within the time limit laid down by their national law, but not later than one year, including from the international registration of the mark or the application for extension of protection submitted within the meaning of Article 3 ter.
(3) The International Bureau shall immediately send to the Office of the country of origin and to the registered owner (titulaire) or his representative, if notified to the International Office by the said Office, a copy of the refusal declaration which has been notified to it in that manner. The participant will have the same remedies as if he had applied for the stamp himself directly in the country in which protection is refused.
(4) The reasons for refusal of the mark shall be notified by the International Bureau to the participants who so request.
(5) Offices which, within a maximum period of 1 year, do not notify the International Bureau of any provisional or final decision to refuse registration or extend protection shall cease to be entitled to the mark in question in paragraph (1) of this Article.
(6) The competent authorities may not decide to revoke an international mark without giving the proprietor the opportunity to exercise his rights in good time. The cancellation of the mark shall be notified to the International Bureau.
Evidence of the right to use certain components of the mark - such as characters, shields, portraits, honours, titles, trade or personal names other than the applicant's name, or other similar inscriptions - which may be required by the authorities of the Contracting States will be exempt from any certificate or certificate other than that of the country of origin.
(1) Everyone who so requests shall, for a fee determined by the implementing regulation, issue a copy of the information entered in the register of a mark.
(2) The International Bureau may also, in return, carry out investigations into previous entries in international marks.
(3) The extracts from the international register requested for the purpose of the submission of a Contracting country are exempt from any verification.
(1) The registration of the mark with the International Office shall be carried out for a period of 20 years (subject to the provisions of Article 8 where only part of the international fee would be paid by the applicant), subject to the conditions laid down in Article 7.
(2) Upon expiry of a period of five years from the date of the international registration, this registration shall become independent of the national mark previously registered in the country of origin, subject to the following provisions.
(3) Protection resulting from an international registration, whether or not transferred, cannot be applied in whole or in part if the national mark provisionally registered in the country of origin referred to in Article 1 has ceased to enjoy wholly or partly legal protection in that country within a period of five years from the date of the international registration. This will also be the case where such legal protection has been terminated later as a result of an action brought before the expiry of the five-year period.
(4) in the case of voluntary or official deletion, the Office of the country of origin shall request the International Bureau to delete the mark and the International Bureau shall carry out that action. In the event of legal proceedings, the Office referred to above shall, on its own initiative or at the request of the applicant, send a copy of the action or a copy of any other document giving rise to the dispute and of the final judgment. The International Bureau shall record this in the International Register.
(1) The registration may be renewed each time for a further period of 20 years, calculated from the date of the end of the preceding period, by the mere payment of basic fees and, where appropriate, additional charges provided for in Article 8 (2).
(2) The renewal shall not contain any change to the last state of the previous registration.
(3) For the first renewal after the application of this Agreement, the classes of international classification to which registration relates shall be indicated.
(4) Six months before the expiry of the period of protection, the International Office will recall by official communication to the proprietor of the mark and his representative the exact date on which that period expires.
(5) A six-month postponement for the renewal of the international registration shall be allowed for a surcharge provided for in the implementing provisions.
(1) The Office of the country of origin may determine, at its discretion, a national fee from the proprietor of the mark for which international registration is requested.
(2) The registration of the stamp at the International Office is subject to the prior payment of an international fee, which will consist of:
(a) a fee of 200 Swiss francs for the first stamp and 150 Swiss francs for each additional stamp applied for at the same time;
(b) an additional fee of 25 Swiss francs for each additional class of international classification exceeding three classes of goods or services covered by the mark;
(c) a supplementary fee of 25 Swiss francs for each application for extension of the protection referred to in Article 3 ter.
(3) The additional fee referred to in paragraph (2) (b) may, however, be adjusted within the time limit laid down by the implementing rules, provided that the number of classes of goods or services has been established or objected to by the International Bureau, without affecting the change of the date of registration. If the additional fee would not be paid or the list of goods or services is not limited to the extent necessary by the applicant, the application for international registration shall be deemed to have been waived.
(4) The annual proceeds of the various receipts of the international registration, with the exception of the revenue referred to in points (b) and (c) of paragraph (2), shall be distributed by the International Bureau equally among the Member States of this Agreement, minus the costs and expenses necessary for the implementation of that Agreement.
If, at the time of the entry into force of this Agreement, neither the Hague nor the London Agreement has acceded, a country shall be entitled, until the effective date of its approach, only to the distribution of surplus income calculated on the basis of the old texts.
(5) The amounts resulting from the additional fees provided for in paragraph (2) (b) shall be allocated after each year to the Contracting Parties to this Agreement in proportion to the number of marks for which protection has been applied during the previous year. For countries conducting previous surveys, this number shall be determined by a coefficient to be determined by the implementing act.
(6) The amounts resulting from the additional fees referred to in paragraph (2) (c) shall be broken down in accordance with the rules referred to in paragraph (5) among the countries which have used the options referred to in Article 3 bis.
(7) With regard to the basic fee, the applicant will be able to pay only a basic fee of 125 Swiss francs for the first stamp and 100 Swiss francs for each additional stamp applied for at the same time.
(8) If the applicant applies this option, he must pay the International Bureau before the end of the 10-year period, counting from the international registration, the remainder of the basic fee of 100 Swiss francs for the first stamp and 75 Swiss francs for each additional stamp applied for at the same time, otherwise he will lose the advantage of his registration after the end of that period. Six months before the expiry of that period, the International Bureau shall remind the applicant and his representatives of the exact date on which that period ends. If the remainder of the basic fee is not paid to the International Bureau before the end of that period, the International Bureau shall delete the mark, notify the national authorities and publish it in its Journal. If the remainder of the fee due for the stamps applied for at the same time is not paid at the same time, the applicant must specify the marks for which the remainder of the fee is paid and pay 100 Swiss francs for the first stamp of each series.
(9) Article 7 (5) shall apply mutatis mutandis to the abovementioned 10-year period.
An internationally registered stamp holder may at any time waive protection in one or more Contracting Countries. The declaration of surrender shall be submitted to the Office of the country of origin. That Office shall notify the renunciation of protection to the International Bureau and shall notify it to the authorities of the countries to which it relates. The waiver shall not be subject to any fee.
(1) The Office of the country of the registered proprietor of the mark shall also notify the International Bureau of the revocation, erasure, waiver of protection, transfers and other amendments made to the registration of the mark in the national register, where such amendments also affect the international registration.
(2) The International Bureau shall register these changes, notify them to the authorities of the Contracting States and publish them in its Journal.
(3) The same procedure will be followed when the internationally registered proprietor of the mark requests to limit the list of goods or services covered by this registration.
(4) Such acts may be subject to a fee to be determined by the implementing rules.
(5) The addition of a new product or service to the list may only be achieved by a new application in accordance with Article 3.
(6) Replacement of a product or service by another product or service shall be treated as a connection.
(1) Where a mark registered in an international register is transferred to a person established in a Contracting State other than that of an internationally registered owner, the Office of that country shall notify the International Bureau of the transfer. The International Bureau shall record the transfer, notify the other offices and publish it in its Journal. If the transfer was carried out before the expiry of five years after the international registration, the Office shall request the approval of the office of the new registered owner and, if possible, publish the date and number of the registration of the mark in the new registered owner's country.
(2) The transfer of a mark entered in the international register to a person who is not entitled to sign an international mark shall not be registered.
(3) If any transfer could not be entered in the International Register either as a result of the refusal of the consent of the country of the new registered owner or because it was a person who was not entitled to apply for international registration, the Office of the former registered owner shall have the right to request the International Office to delete the stamp from its register.
(1) If the International Bureau is notified of the withdrawal of the international stamp for only part of the registered goods or services, the International Bureau shall register it. The Contracting States need not recognise the validity of this severance if the goods or services incorporated in the part so withdrawn are similar to those for which the mark remains in the name of the resigning.
(2) The International Bureau shall also record the withdrawal of the stamp for only one or more Contracting States.
(3) If, in previous cases, a change of registered owner occurs, the competent authority of the new owner shall grant the consent prescribed by Article 9 bis if the international mark would be transferred before the expiry of the five-year period counting from the international registration.
(4) The provisions of the preceding paragraphs shall apply subject to the provisions of Article 6 of the Quater of the Paris Convention for the Protection of Industrial Property.
(1) If several countries of the Special Union agree to unify their national laws on stamps, they will be able to notify the Swiss Federal Government of:
(a) that the Joint Office shall replace their national authorities; and
(b) that the whole of their respective countries must be regarded as a single country for the full or partial application of this Agreement.
(2) this notification will take effect only six months after the date on which the Swiss Federal Government communicated it to the other Contracting States.
(1) The authorities shall, by common agreement, lay down the details of the implementation of this Agreement.
(2) A Committee of Directors of the National Industrial Property Offices of the Special Union is hereby established at the International Bureau. It shall meet either at a meeting of the Director of the International Bureau or at the request of the five countries Parties to the Agreement for periods not exceeding five years. The Committee shall appoint a closer committee from among its members, which may be entrusted with certain tasks. They meet at least once a year.
(3) The scope of this committee is advisory.
(4) However,
(a) subject to a general jurisdiction which belongs to a high supervisory authority, it may, on a reasoned proposal from the Director of the International Bureau and on the basis of a unanimous resolution of the countries represented, amend the amount of the fees provided for in Article 8 of this Agreement;
(b) lay down and amend the implementing provisions of this Agreement on the basis of the unanimous resolution of the countries represented;
(c) directors of national industrial property offices may delegate their authorisations to representatives of another country.
(1) Union countries for the protection of industrial property not participating in this Agreement will be able to accede to it if they so request in the form prescribed by Article 16 of the Paris Convention for the Protection of Industrial Property. This approach will be valid only for the last revised version of the Agreement.
(2) As soon as the International Bureau has been informed that a country or a whole or part of the country or territory for which it provides foreign relations has acceded to this Agreement, it shall send the Office of that country, as referred to in Article 3, a summary list of the marks to be used for international protection at that time.
(3) Under this list, those marks will be guaranteed in the territory of the acceding country the benefits of the previous provisions. As from that notification, the one-year period within which the participating authority may make the declaration referred to in Article 5 shall apply.
(4) However, each country, when accessing this Agreement, will be able to declare that, with the exception of international marks which have previously been the subject of an identical and still valid national registration in that country and which, at the request of the parties, will be recognised immediately, the application of this Agreement will be limited to the stamps which will be registered as from the date on which such access takes effect.
(5) This declaration shall exempt the International Bureau from the obligation to send the above comprehensive list. The International Bureau shall be limited to the notification of the marks for which the derogation referred to in the preceding paragraph has been applied upon request. This request shall contain the necessary clarifications and shall be submitted within one year of the accession of the new country.
The International Bureau shall not send a comprehensive list to countries which, when accessing the Madrid Agreement, declare their use of the authorisation referred to in Article 3 bis. In addition, these countries will be able to declare at the same time that this agreement will be limited to stamps registered as from the date on which the accession of these countries takes effect; However, this restriction shall not apply to international marks which have previously been the subject of the same national registration in those countries and which may be used as a basis for the application for extension of protection submitted and notified under Article 3 ter and Article 8 (2) (c).
(6) The registration of marks which have been the subject of a notification under this Article shall be deemed to take place at the place of registration carried out directly in the new Contracting State before the effective date of its access.
(7) Article 16 bis of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement.
In the event of termination of this Agreement, Article 17 bis of the Paris Convention for the Protection of Industrial Property shall apply. International marks which have been registered until the date on which the notice takes effect and which have not been rejected during the year referred to in Article 5 shall continue to enjoy the same protection throughout international protection as if they had been directly registered in that country.
(1) This Agreement shall be ratified and its instruments of ratification deposited in Paris as soon as possible.
(2) It will become effective between the countries which will ratify it or accede to it pursuant to Article 11 (1) once it is ratified or acceded to it by at least 12 countries and after two years after the Swiss Federal Government has notified them of the deposit of the twelfth instrument of ratification or accession. It will have the same scope and validity as the Paris Convention for the Protection of Industrial Property.
(3) The countries which deposit instruments of ratification or accession following the deposit of the twelfth instrument of ratification or accession will become effective in accordance with the provisions of Article 16 of the Paris Convention. However, the acquisition of effect shall in all circumstances be subject to the expiry of the period laid down in the preceding paragraph.
(4) This Agreement shall replace, in all relations between the countries on whose behalf it will be ratified or acceded to, the Madrid Agreement of 1891 in its earlier versions, as from the date on which it enters into force. However, any country which ratifies or accedes to this Agreement shall remain bound by an earlier text in its relations with countries which do not ratify it or which do not accede to it unless it expressly declares that it no longer wishes to be bound by those texts. This statement will be notified to the Swiss Federal Government. It shall enter into force 12 months after delivery to the Government.
(5) The International Bureau shall agree with the participating countries the appropriate administrative measures necessary to implement this Agreement.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 67 / 1967 Coll., on the Madrid Agreement on the International Registration of Factory or Trade Marks of 14 April 1891, revised in Brussels on 14 December 1900, in Washington on 2 June 1911, in The Hague on 6 November 1925, in London on 2 June 1934 and in Nice on 15 June 1957 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.1967 |
|---|---|
| Effective from | 15.12.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0