来源:知识产权学术与实务研究网 作者: 时间:2008-06-11 阅读数:
List of Articles
Article 1 Abbreviated Expressions
Article 2 Marks to Which the Treaty Applies
Article 3 Application
Article 4 Representation; Address for Service
Article 5 Filing Date
Article 6 Single Registration for Goods and/or Services in Several Classes
Article 7 Division of Application and Registration
Article 8 Communications
Article 9 Classification of Goods and/or Services
Article 10 Changes in Names or Addresses
Article 11 Change in Ownership
Article 12 Correction of a Mistake
Article 13 Duration and Renewal of Registration
Article 14 Relief Measures in Case of Failure to Comply with Time Limits
Article 15 Obligation to Comply with the Paris Convention
Article 16 Service Marks
Article 17 Request for Recordal of a License
Article 18 Request for Amendment or Cancellation of the Recordal of a License
Article 19 Effects of the Non-Recordal of a License
Article 20 Indication of the License
Article 21 Observations in Case of Intended Refusal
Article 22 Regulations
Article 23 Assembly
Article 24 International Bureau
Article 25 Revision or Amendment
Article 26 Becoming Party to the Treaty
Article 27 Application of the TLT 1994 and This Treaty
Article 28 Entry into Force; Effective Date of Ratifications and Accessions
Article 29 Reservations
Article 30 Denunciation of the Treaty
Article 31 Languages of the Treaty; Signature
Article 32 Depositary
Article 1
Abbreviated Expressions
For the purposes of this Treaty, unless expressly stated otherwise:
(i) “Office” means the agency entrusted by a Contracting Party with the registration of marks;
(ii) “registration” means the registration of a mark by an Office;
(iii) “application” means an application for registration;
(iv) “communication” means any application, or any request, declaration, correspondence or other information relating to an application or a registration, which is filed with the Office;
(v) references to a “person” shall be construed as references to both a natural person and a legal entity;
(vi) “holder” means the person whom the register of marks shows as the holder of the registration;
(vii) “register of marks” means the collection of data maintained by an Office, which includes the contents of all registrations and all data recorded in respect of all registrations, irrespective of the medium in which such data are stored;
(viii) “procedure before the Office” means any procedure in proceedings before the Office with respect to an application or a registration;
(ix) “Paris Convention” means the Paris Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883, as revised and amended;
(x) “Nice Classification” means the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, signed at Nice on June 15, 1957, as revised and amended;
(xi) “license” means a license for the use of a mark under the law of a Contracting Party;
(xii) “licensee” means the person to whom a license has been granted;
(xiii) “Contracting Party” means any State or intergovernmental organization party to this Treaty;
(xiv) “Diplomatic Conference” means the convocation of Contracting Parties for the purpose of revising or amending the Treaty;
(xv) “Assembly” means the Assembly referred to in Article 23;
(xvi) references to an “instrument of ratification” shall be construed as including references to instruments of acceptance and approval;
(xvii) “Organization” means the World Intellectual Property Organization;
(xviii) “International Bureau” means the International Bureau of the Organization;
(xix) “Director General” means the Director General of the Organization;
(xx) “Regulations” means the Regulations under this Treaty that are referred to in Article 22;
(xxi) references to an “Article” or to a “paragraph”, “subparagraph” or “item” of an Article shall be construed as including references to the corresponding rule(s) under the Regulations;
(xxii) “TLT 1994” means the Trademark Law Treaty done at Geneva on October 27, 1994.
Article 2
Marks to Which the Treaty Applies
(1) [Nature of Marks] Any Contracting Party shall apply this Treaty to marks consisting of signs that can be registered as marks under its law.
(2) [Kinds of Marks]
(a) This Treaty shall apply to marks relating to goods (trademarks) or services (service marks) or both goods and services.