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international trademark registration -- implementation rules of the madrid agreement
release time:2018/6/11 16:42:10      number of clicks:831

special conference according to the international registration of trademarks on july 10, 1967 in stockholm, editing and on october 2, 1979 of the madrid agreement concerning the international registration of marks in paragraph 2 of article 10 (1) of the provisions of the three special union industrial property office of the international registration of trademarks, director of the commission according to the june 15, 1957 in nice of the revised industrial or commercial madrid agreement concerning the international registration of marks in section 4 of article 10 of the regulation, in april 1988, 18 to 22 special joint meeting in geneva, unanimously by the madrid agreement concerning the international registration of marks the detailed rules for the implementation.

chapter i general provisions

the first abbreviation

in accordance with these implementation rules, it shall be understood that:

(a) "agreement" for april 14, 1891, the madrid agreement concerning the international registration of marks, the agreement on june 15, 1957 in nice revision, on july 14, 1967 in stockholm editing and on october 2, 1979;

(2) the competent authorities of the country "in charge of trademark registration of national administration authority or the agreement of the contracting state in four of the first paragraph of article 9 of the paragraph 1 of the several states joint management organ;

(iii) the international bureau is the international bureau of the world intellectual property organization (ompi) and the joint international bureau for the protection of intellectual property (birpi);

(4) "international registration application" is an international registration application submitted in accordance with the agreement;

(5) "change registration application" is a change registration application involving international registration;

(6) "applicant" is a natural or legal person submitting an application for international registration in his name;

(7) "owner" is a natural or legal person registered in the international register as an international registered owner;

(8) "legal person" is a legal person prescribed by law applicable to it; a natural or juridical person or body established in accordance with national law and entitled to rights and obligations under that law, even if it is not a legal person, shall be regarded as a legal person;

(9) "international registration" is the trademark registration carried out in accordance with the agreement;

(10) the "international register" is a register of registered items specified in these detailed rules, in an unlimited form;

(11) "the state party" shall be any member of the agreement;

(12) "the state concerned" shall be any state that is in force for the extension of territory under international registration or registration under article 3 of the agreement;

(13) the "original dependent state" shall be the state prescribed in article 1, paragraph 3 of the agreement;

(14) "all countries" for the international registration of all people with industrial or commercial business, or there is no place of business, have a home, or no shelter, have the nationality of the contracting parties;

(15) the "international classification of graphic elements" was formulated in accordance with the vienna agreement establishing the international classification of trademark graphic elements on 12 june 1973;

(16) the international classification of goods and services is formulated in accordance with the nice agreement on the international classification of goods and services for the registration of trademarks on 15 june 1957. the agreement was amended at stockholm on 14 july 1967 and geneva on 13 may 1977.

article 2 agency to the international bureau

(1) 1. the agent appointed under items 2 through 8 shall be deemed to have been duly authorized.

2. applicant or owner can only appoint one agent.

3. when a law firm or office, a patent and trademark consultant or a patent or trademark agency office or office is designated as an agent, it shall be regarded as an agent.

4. where a number of agents are appointed, the agent first mentioned in the specified document shall be regarded as the only duly authorized agent.

5. representative agent registration, registration of change and change involves agent any registration should be the original territories or all countries national competent authority shall apply to the international bureau, except for the provisions of the third paragraph.

6. apply free agent registration, fill out the application for international registration, involved in the international registration of modification or correction of the application of the special section, or if it is through the national competent authority for renewal of all countries, in the renewal application for international registration of a special column.

7. transform agent or any agent registration of alteration involved, in the international registration of alteration, involving changes or proposed by the competent authority of the all countries of the renewal of registration when free, fill in the registration of change, correction of the registration, or renewal application form of the special section.

8. registration of agents, change agents or any change in agents may also be made by a special form and submitted by the owner at any time through the national competent authority. the registration shall pay the regulation fee stipulated in paragraph 5 of paragraph 1 of article 32.

9. agent involved, change agent or agents of any changes to the application for registration of do not conform to the conditions of paragraphs 2 to 8, the international bureau will be deemed to have not been applied to treat and notify apply through its country or by the competent authority of the applicant.

(2) the international bureau shall, in accordance with these rules, send requests, notices or other communications addressed to the applicant or the owner to the duly authorized agent, except as provided for in article 24. any request, notice or other communication from a duly authorized agent to this effect shall have the same effect as sending it to the applicant or the owner. all communications sent to the international bureau by a duly authorized agent, as from the applicant or the owner, shall have the same effect.

(c) notwithstanding paragraph 5 of paragraph 1, the following:

1. the owner may submit to the international bureau for cancellation of the agency by letter and signature; the international bureau notifies all the national authorities and the agents of the cancellation of the agency of this cancellation:

2. the agent may write and sign a waiver of agency to the international bureau, which shall notify the owner of such waiver to the national authority and to all.

the registration of agents shall be deemed to cancel any other agents previously appointed.

(5) the international bureau shall, on the date of receipt of the application in accordance with these rules, register the change of agents, change of agents and agents involved. such registration shall not be announced to the competent authorities of the relevant state or to the publication of the international trademark.

article 3 applicants; all the people

(a) more than one natural person or legal person can be used as the same international registration of the applicant, the national per capita for a condition that each contracting state or conformity with the provisions of the agreement in article 2, the original territories and all applicants for the same country.

(2) a plurality of natural or juridical persons may be owners of the same international registration provided that each of them is a national of a contracting state or meets the conditions set out in article 2 of the agreement.

article 4 the competent state organs

(1) the application for international registration shall be submitted to the international bureau through the national competent authority of the country in which it was originally affiliated, and the application for change registration shall be submitted through the national competent authority of the country in which the owner is located.

(2) the international bureau shall send a letter concerning the application to the competent authority of the state, which shall reply to it.

(3) the parties shall directly pay the registration fee and the regulation fee, unless otherwise stipulated by the state laws and regulations or permitted to pay the registration fee through the competent authorities of the state; where the registration fee and fees are paid directly, the international bureau shall directly contact the parties concerned about the payment of registration fees and fees.

(4) the signature of the competent state organs required by these rules may be replaced by duplicates or official seals.

(5) any letter bag containing more than one document shall be accompanied by a list of the documents to be checked.

article 5 means of communication with the international bureau

all communications shall be sent in writing to the international bureau. the international bureau handles only the written documents it receives.

(2) transmission of the information of the international bureau by telegraph, telex or other similar means of communication shall be regarded as a written communication, provided that:

1. documents delivered to the international bureau shall be clearly prepared in the working language specified in article 7.

2. documents delivered in such a manner shall be in a certain format and the corresponding title and number of the form shall be served simultaneously.

(3) according to the relevant provisions of the present rules shall sign the form or file transfer one of the ways to use the second paragraph, shall not be regarded as effective transmission, unless the receipt of the transmission parts, 20 days before the expiration of the international bureau received are in conformity with the original transmission parts and the form or document with signature. upon confirmation, the original transmission shall become effective as of the date of receipt by the international bureau.

article 6 term calculation

(1) in the next relevant year, the term of each year and the corresponding date of the same name as the month and date of the month in which the relevant act of which the term begins shall be expired. however, if there is no corresponding date for the relevant month, the time limit shall expire on the last day of the month.

(2) for a period of months, the date of expiration of the period corresponding to the date of occurrence of the relevant act at the beginning of the period shall be within the next relevant month; however, if there is no corresponding date for the relevant month, the deadline shall expire on the last day of the month.

(3) a time limit of any day shall begin the day after the date of the occurrence of the act and end at the end of the last day.

(4) communication or payment should reach the international bureau within the specified time limit, the last day of the deadline is on saturday, sunday, or to the international bureau office and can't accept such a communication or other payment date, the time limit to the above the day after the end of any situation.

the international bureau shall indicate the expiry date of the license period.

article 7 working language

(i) implementation of the agreement, with french as the working language of the international bureau.

(2), especially for the international registration, alteration registration application, reply to the above application, denied protection, denying the final decision, invalid notification as well as the international bureau to provide information on the status of the international registration book, especially the registration book.

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