utskottsdokument · GVA12453f714 · 2008-01-01 00:00:00 — (a)shall, in accordance with the directions of the Assembly, make the preparations for any revision conferences. (b)may consult with Member States of the Organization, intergovernmental organizations and international and national non-governmental organizations concerning the said preparations. (c) The Director General and persons designated by the Director General shall take part, without the right to vote, in the discussions at revision conferences. (5) [Other Tasks] shall carry out any other tasks assigned to it in relation to this Treaty. may only be revised or amended by a diplomatic conference. The convocation of any diplomatic conference shall be decided by the Assembly. Becoming Party to the Treaty (1) [Eligibility] The following entities may sign and, subject to paragraphs (2) and (3) and Article 28(1) and (3), become party to this Treaty: (i)any State member of the Organization in respect of which marks may be registered with its own Office; (ii)any intergovernmental organization which maintains an Office in which marks may be registered with effect in the territory in which the constituting treaty of the intergovernmental organization applies, in all its Member States or in those of its Member States which are designated for such purpose in the relevant application, provided that all the Member States of the intergovernmental organization are members of the Organization; (iii)any State member of the Organization in respect of which marks may be registered only through the Office of another specified State that is a member of the Organization; (iv)any State member of the Organization in respect of which marks may be registered only through the Office maintained by an intergovernmental organization of which that State is a member; (v)any State member of the Organization in respect of which marks may be registered only through an Office common to a group of States members of the Organization. (2) [Ratification or Accession] entity referred to in paragraph (1) may deposit (i)an instrument of ratification, if it has signed this Treaty, (ii)an instrument of accession, if it has not signed this (3) [Effective Date of Deposit] The effective date of the deposit of an instrument of ratification or accession shall be, (i)in the case of a State referred to in paragraph (1)(i), the date on which the instrument of that State is deposited; (ii)in the case of an intergovernmental organization, the date on which the instrument of that intergovernmental organization is deposited; (iii)in the case of a State referred to in paragraph (1)(iii), the date on which the following condition is fulfilled: the instrument of that State has been deposited and the instrument of the other, specified State has been deposited; (iv)in the case of a State referred to in paragraph (1)(iv), the date applicable under item (ii), above; (v)in the case of a State member of a group of States referred to in paragraph (1)(v), the date on which the instruments of all the States members of the group have been deposited. Application of the TLT 1994 and (1) [Relations Between Contracting Parties to and the TLT 1994] alone shall be applicable as regards the mutual relations of Contracting Parties to both this Treaty and the TLT 1994. (2) [Relations Between Contracting Parties to and Contracting Parties to the TLT 1994 That Are Not Party to ] to both this Treaty and the TLT 1994 shall continue to apply the TLT 1994 in its relations with Contracting Parties to the TLT 1994 that are not party to this Treaty. Entry into Force; Effective Date of Ratifications and Accessions (1)[Instruments to Be Taken into Consideration] For the purposes of this Article, only instruments of ratification or accession that are deposited by entities referred to in Article 26(1) and that have an effective date according to Article 26(3) shall be taken into consideration. (2)[Entry into Force of the Treaty] shall enter into force three months after ten States or intergovernmental organizations referred to in Article 26(1)(ii) have deposited their instruments of ratification or accession. (3)[Entry into Force of Ratifications and Accessions Subsequent to the Entry into Force of the Treaty] entity not covered by paragraph (2) shall become bound by this Treaty three months after the date on which it has deposited its instrument of ratification or accession. (1) [Special Kinds of ] or intergovernmental organization may declare through a reservation that, notwithstanding Article 2(1) and (2)(a), any of the provisions of Articles 3(1), 5, 7, 8(5), 11 and 13 shall not apply to associated marks, defensive marks or derivative marks. Such reservation shall specify those of the aforementioned provisions to which the reservation relates. (2)[Multiple-class Registration] or intergovernmental organization, whose legislation at the date of adoption of this Treaty provides for a multiple-class registration for goods and for a multiple-class registration for services may, when acceding to this Treaty, declare through a reservation that the provisions of Article 6 shall not apply. (3)[Substantive Examination on the Occasion of Renewal] or intergovernmental organization may declare through a reservation that, notwithstanding Article 13(4), the Office may, on the occasion of the first renewal of a registration covering services, examine such registration as to substance, provided that such examination shall be limited to the elimination of multiple registrations based on applications filed during a period of six months following the entry into force of the law of such State or organization that introduced, before the entry into force of this Treaty, the possibility of registering service marks. (4)[Certain Rights of the Licensee] or intergovernmental organization may declare through a reservation that, notwithstanding Article 19(2), it requires the recordal of a license as a condition for any right that the licensee may have under the law of that State or intergovernmental organization to join infringement proceedings initiated by the holder or to obtain, by way of such proceedings, damages resulting from an infringement of the mark which is the subject of the license. (5)[Modalities] reservation under paragraphs (1), (2), (3)or (4) shall be made in a declaration accompanying the instrument of ratification of, or accession to, this Treaty of the State or intergovernmental organization making the reservation. (6)[Withdrawal] reservation under paragraphs (1), (2), (3)or (4) may be withdrawn at any time. (7) [Prohibition of Other Reservations] No reservation to this Treaty other than the reservations allowed under paragraphs (1), (2), (3) and (4) shall be permitted. Denunciation of the Treaty (1)[Notification] may denounce this Treaty by notification addressed to the Director General. (2)[Effective Date] Denunciation shall take effect one year from the date on which the Director General has received the notification. It shall not affect the application of this Treaty to any application pending or any mark registered in respect of the denouncing Contracting Party at the time of the expiration of the said one-year period, provided that the denouncing Contracting Party may, after the expiration of the said one-year period, discontinue applying this Treaty to any registration as from the date on which that registration is due for renewal. Languages of the Treaty; Signature (1) [Original Texts; Official Texts] (a)shall be signed in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic. (b)An official text in a language not referred to in subparagraph (a) that is an official language of a Contracting Party shall be established by the Director General after consultation with the said Contracting Party and any other interested Contracting Party. (2) [Time Limit for Signature] shall remain open for signature at the headquarters of the Organization for one year after its adoption. The Director General shall be the depositary of this Treaty. Regulations under the on the of Trademarks (1)[Abbreviated Expressions Defined in the Regulations] For the purposes of these Regulations, unless expressly stated otherwise: (i) "Treaty" means the on the of Trademarks; (ii) "Article" refers to the specified Article of the Treaty; (iii) "exclusive license" means a license which is only granted to one licensee and which excludes the holder from using the mark and from granting licenses to any other person; (iv) "sole license" means a license which is only granted to one licensee and which excludes the holder from granting licenses to any other person but does not exclude the holder from using the mark; (v) "non-exclusive license" means a license which does not exclude the holder from using the mark or from granting licenses to any other person. (2)[Abbreviated Expressions Defined in the Treaty] The abbreviated expressions defined in Article 1 for the purposes of the Treaty shall have the same meaning for the purposes of these Regulations. of Indicating Names and Addresses (1) [Names] (a)Where the name of a person is to be indicated, any Contracting Party may require, (i)where the person is a natural person, that the name to be indicated be the family or principal name and the given or secondary name or names of that person or that the name to be indicated be, at that persons option, the name or names customarily used by the said person; (ii)where the person is a legal entity, that the name to be indicated be the full official designation of the legal entity. (b)Where the name of a representative which is a firm or partnership is to be indicated, any Contracting Party shall accept as indication of the name the indication that the firm or partnership customarily uses. (2) [Addresses] (a)Where the address of a person is to be indicated, any Contracting Party may require that the address be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, consist of all the relevant administrative units up to, and including, the house or number, if any. (b)Where a communication to the Office of a Contracting Party is in the name of two or more persons with different addresses, that Contracting Party may require that such communication indicate a single address as the address for correspondence. (c)The indication of an address may contain a telephone number, a telefacsimile number and an e-mail address and, for the purposes of correspondence, an address different from the address indicated under subparagraph (a). (d)Subparagraphs (a) and (c) shall apply, mutatis mutandis, to addresses for service. (3)[Other Means of Identification] may require that a communication to the Office indicate the number or other means of identification, if any, with which the applicant, holder, representative or interested person is registered with its Office. No Contracting Party may refuse a communication on grounds of failure to comply with any such requirement, except for applications filed in electronic form. (4)[Script to Be Used] may require that any indication referred to in paragraphs (1) to (3) be in the script used by the Office. Details Concerning the Application (1)[Standard Characters] Where the Office of a Contracting Party uses characters (letters and numbers) that it considers as being standard, and where the application contains a statement to the effect that the applicant wishes that the mark be registered and published in the standard characters used by the Office, the Office shall register and publish that mark in such standard characters. (2)[] Where the application contains a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, the Office may require that the application indicate the name or code of the color or colors claimed and an indication, in respect of each color, of the principal parts of the mark which are in that color. (3)[Number of Reproductions] (a) Where the application does not contain a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, a Contracting Party may not require more than (i) five reproductions of the mark in black and white where the application may not, under the law of that Contracting Party, or does not contain a statement to the effect that the applicant wishes the mark to be registered and published in the standard characters used by the Office of the said Contracting Party; (ii)one reproduction of the mark in black and white where the application contains a statement to the effect that the applicant wishes the mark to be registered and published in the standard characters used by the Office of that Contracting Party. (b)Where the application contains a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, a Contracting Party may not require more than five reproductions of the mark in black and white and five reproductions of the mark in color. (4) [Three-Dimensional ] (a)Where the application contains a statement to the effect that the mark is a three-dimensional mark, the reproduction of the mark shall consist of a two-dimensional graphic or photographic reproduction. (b)The reproduction furnished under subparagraph (a) may, at the option of the applicant, consist of one single view of the mark or of several different views of the mark. (c)Where the Office considers that the reproduction of the mark furnished by the applicant under subparagraph (a) does not sufficiently show the particulars of the three-dimensional mark, it may invite the applicant to furnish, within a reasonable time limit fixed in the invitation, up to six different views of the mark and/or a description by words of that mark. (d)Where the Office considers that the different views and/or the description of the mark referred to in subparagraph (c)still do not sufficiently show the particulars of the threedimensional mark, it may invite the applicant to furnish, within a reasonable time limit fixed in the invitation, a specimen of the mark. (e)Paragraph (3)(a)(i) and (b) shall apply mutatis mutandis. (5) [Hologram , Motion , Color , Position ] Where the application contains a statement to the effect that the mark is a hologram mark, a motion mark, a color mark or a position mark, a Contracting Party may require one or more reproductions of the mark and details concerning the mark, as prescribed by the law of that Contracting Party. (6)[of a Non-Visible Sign] Where the application contains a statement to the effect that the mark consists of a non-visible sign, a Contracting Party may require one or more representations of the mark, an indication of the type of mark and details concerning the mark, as prescribed by the law of that Contracting Party. (7)[Transliteration of the ] For the purposes of Article 3(1)(a)(xiii), where the mark consists of or contains matter in script other than the script used by the Office or numbers expressed in numerals other than numerals used by the Office, a transliteration of such matter in the script and numerals used by the Office may be required. (8)[Translation of the ] For the purposes of Article 3(1)(a)(xiv), where the mark consists of or contains a word or words in a language other than the language, or one of the languages, admitted by the Office, a translation of that word or those words into that language or one of those languages may be required. (9)[Time Limit for Furnishing Evidence of Actual Use of the ] The time limit referred to in Article 3(3) shall not be shorter than six months counted from the date of allowance of the application by the Office of the Contracting Party where that application was filed. The applicant or holder shall have the right to an extension of that time limit, subject to the conditions provided for by the law of that Contracting Party, by periods of at least six months each, up to a total extension of at least two years and a half. Details Concerning Representation and Address for Service (1)[Address Where a Representative Is Appointed] Where a representative is appointed, a Contracting Party shall consider the address of that representative to be the address for service. (2)[Address Where No Representative Is Appointed] Where no representative is appointed and an applicant, holder or other interested person has provided as its address an address on the territory of the Contracting Party, that Contracting Party shall consider that address to be the address for service. (3)[Time Limit] The time limit referred to in Article 4(3)(d) shall be counted from the date of receipt of the communication referred to in that Article by the Office of the Contracting Party concerned and shall not be less than one month where the address of the person on whose behalf the communication is made is on the territory of that Contracting Party and not less than two months where such an address is outside the territory of that Contracting Party. Details Concerning the Filing Date (1) [Procedure in Case of Non-Compliance with Requirements] If the application does not, at the time of its receipt by the Office, comply with any of the applicable requirements of Article 5(1)(a) or (2)(a), the Office shall promptly invite the applicant to comply with such requirements within a time limit indicated in the invitation, which time limit shall be at least one month from the date of the invitation where the applicants address is on the territory of the Contracting Party concerned and at least two months where the applicants address is outside the territory of the Contracting Party concerned. Compliance with the invitation may be subject to the payment of a special fee. Even if the Office fails to send the said invitation, the said requirements remain unaffected. (2) [Filing Date in Case of Correction] If, within the time limit indicated in the invitation, the applicant complies with the invitation referred to in paragraph (1) and pays any required special fee, the filing date shall be the date on which all the required indications and elements referred to in Article 5(1)(a) have been received by the Office and, where applicable, the required fees referred to in Article 5(2)(a) have been paid to the Office. Otherwise, the application shall be treated as if it had not been filed. (1)[Indications Accompanying Signature of Communications on Paper] may require that the signature of the natural person who signs be accompanied by (i) an indication in letters of the family or principal name and the given or secondary name or names of that person or, at the option of that person, of the name or names customarily used by the said person; (ii) an indication of the capacity in which that person signed, where such capacity is not obvious from reading the communication. (2)[Date of Signing] may require that a signature be accompanied by an indication of the date on which the signing was effected. Where that indication is required but is not supplied, the date on which the signing is deemed to have been effected shall be the date on which the communication bearing the signature was received by the Office or, if the Contracting Party so allows, a date earlier than the latter date. (3) [Signature of Communications on Paper] Where a communication to the Office of a Contracting Party is on paper and a signature is required, that Contracting Party (i)shall, subject to item (iii), accept a handwritten signature; (ii)may permit, instead of a handwritten signature, the use of other forms of signature, such as a printed or stamped signature, or the use of a seal or of a bar-coded label; (iii)may, where the natural person who signs the communication is a national of the Contracting Party and such persons address is on its territory, or where the legal entity on behalf of which the communication is signed is organized under its law and has either a domicile or a real and effective industrial or commercial on its territory, require that a seal be used instead of a handwritten signature. (4) [Signature of Communications on Paper Filed by Electronic Means of Transmittal] A Contracting Party that provides for communications on paper to be filed by electronic means of transmittal shall consider any such communication signed if a graphic representation of a signature accepted by that Contracting Party under paragraph (3) appears on the communication as received. (5) [Original of a Communication on Paper Filed by Electronic Means of Transmittal] A Contracting Party that provides for communications on paper to be filed by electronic means of transmittal may require that the original of any such communication be filed (i)with the Office accompanied by a letter identifying that earlier transmission and (ii)within a time limit which shall be at least one month from the date on which the Office received the communication by electronic means of transmittal. (6) [Authentication of Communications in Electronic Form] A Contracting Party that permits the filing of communications in electronic form may require that any such communication be authenticated through a system of electronic authentication as prescribed by that Contracting Party. (7)[Date of Receipt] Each Contracting Party shall be free to determine the circumstances in which the receipt of a document or the payment of a fee shall be deemed to constitute receipt by or payment to the Office in cases in which the document was actually received by or payment was actually made to (i) a branch or sub-office of the Office, (ii) a national Office on behalf of the Office of the Contracting Party, where the Contracting Party is an intergovernmental organization referred to in Article 26(1)(ii), (iii) an official postal service, (iv) a delivery service, or an agency, specified by the Contracting Party, (v) an address other than the nominated addresses of the Office. (8)[Electronic Filing] Subject to paragraph (7), where a Contracting Party provides for the filing of a communication in electronic form or by electronic means of transmittal and the communication is so filed, the date on which the Office of that Contracting Party receives the communication in such form or by such means shall constitute the date of receipt of the communication. of Identification of an Application Without Its Application (1) [of Identification] Where it is required that an application be identified by its application number but where such a number has not yet been issued or is not known to the applicant or its representative, that application shall be considered identified if the following is supplied: (i)the provisional application number, if any, given by the Office, or (ii)a copy of the application, or (iii) a representation of the mark, accompanied by an indication of the date on which, to the best knowledge of the applicant or the representative, the application was received by the Office and an identification number given to the application by the applicant or the representative. (2) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraph (1) be complied with in order for an application to be identified where its application number has not yet been issued or is not known to the applicant or its representative. Details Concerning Duration and Renewal For the purposes of Article 13(1)(c), the period during which the request for renewal may be presented and the renewal fee may be paid shall start at least six months before the date on which the renewal is due and shall end at the earliest six months after that date.