Protocol Relating to the Madrid Agreement Concerning the International Registrat

(as signed at Madrid on June 28, 1989)
LIST OF THE ARTICLES OF THE PROTOCOL

Article 1:
 Membership in the Madrid Union
 
Article 2:
 Securing Protection through International Registration
 
Article 3:
 International Application
 
Article 3bis:
 Territorial Effect
 
Article 3ter:
 Request for “Territorial Extension”
 
Article 4:
 Effects of International Registration
 
Article 4bis:
 Replacement of a National or Regional Registration by an International Registration
 
Article 5:
 Refusal and Invalidation of Effects of International Registration in Respect of Certain Contracting Parties
 
Article 5bis:
 Documentary Evidence of Legitimacy of Use of Certain Elements of the Mark
 
Article 5ter:
 Copies of Entries in International Register; Searches for Anticipation’s; Extracts from International Register
 
Article 6:
 Period of Validity of International Registration; Dependence and Independence of International Registration
 
Article 7:
 Renewal of International Registration
 
Article 8:
 Fees for International Application and Registration
 
Article 9:
 Recordal of Change in the Ownership of an International Registration
 
Article 9bis:
 Recordal of Certain Matters Concerning an International Registration
 
Article 9ter:
 Fees for Certain Records
 
Article 9quater:
 Common Office of Several Contracting States
 
Article 9quinquies:
 Transformation of an International Registration into National or Regional Applications
 
Article 9sexies:
 Safeguard of the Madrid (Stockholm) Agreement
 
Article 10:
 Assembly
 
Article 11:
 International Bureau
 
Article 12:
 Finances
 
Article 13:
 Amendment of Certain Articles of the Protocol
 
Article 14:
 Becoming Party to the Protocol; Entry into Force
 
Article 15:
 Denunciation
 
Article 16:
 Signature; Languages; Depository Functions
 
 

Article 1

Membership in the Madrid Union

The States party to this Protocol (hereinafter referred to as “the Contracting States”), even where they are not party to the Madrid Agreement Concerning the International Registration of Marks as revised at Stockholm in 1967 and as amended in 1979 (hereinafter referred to as “the Madrid (Stockholm) Agreement”), and the organizations referred to in Article 14(1)(b) which are party to this Protocol (hereinafter referred to as “the Contracting Organizations”) shall be members of the same Union of which countries party to the Madrid (Stockholm) Agreement are members. Any reference in this Protocol to “Contracting Parties” shall be construed as a reference to both Contracting States and Contracting Organizations.

Article 2

Securing Protection through International Registration

(1) Where an application for the registration of a mark has been filed with the Office of a Contracting Party, or where a mark has been registered in the register of the Office of a Contracting Party, the person in whose name that application (hereinafter referred to as “the basic application”) or that registration (hereinafter referred to as “the basic registration”) stands may, subject to the provisions of this Protocol, secure protection for his mark in the territory of the Contracting Parties, by obtaining the registration of that mark in the register of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as “the international registration,” “the International Register,” “the International Bureau” and “the Organization,” respectively), provided that,

(i) where the basic application has been filed with the Office of a Contracting State or where the basic registration has been made by such an Office, the person in whose name that application or registration stands is a national of that Contracting State, or is domiciled, or has a real and effective industrial or commercial establishment, in the said Contracting State,

(ii) where the basic application has been filed with the Office of a Contracting Organization or where the basic registration has been made by such an Office, the person in whose name that application or registration stands is a national of a State member of that Contracting Organization, or is domiciled, or has a real and effective industrial or commercial establishment, in the territory of the said Contracting Organization.