Madrid Agreement Concerning the International Registration of Marks

of April 14, 1891,
as revised
at Brussels on December 14, 1900, at Washington on June 2, 1911,
at The Hague on November 6, 1925, at London on June 2, 1934,
at Nice on June 15, 1957, and at Stockholm on July 14, 1967,1

and as amended on September 28, 1979
TABLE OF CONTENTS2

Article 1:
 Establishment of a Special Union. Filing of Marks at International Bureau. Definition of Country of Origin
Article 2:
 Reference to Article 3 of the Paris Convention (Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union)
Article 3:
 Contents of Application for International Registration
Article 3bis:
 “Territorial Limitation”
Article 3ter:
 Request for “Territorial Extension”
Article 4:
 Effects of International Registration
Article 4bis:
 Substitution of International Registration for Earlier National Registrations
Article 5:
 Refusal by National Offices
Article 5bis:
 Documentary Evidence of Legitimacy of Use of Certain Elements of Mark
Article 5ter:
 Copies of Entries in International Register. Searches for Anticipation. Extracts from International Register
Article 6:
 Period of Validity of International Registration. Independence of International Registration. Termination of Protection in Country of Origin
Article 7:
 Renewal of International Registration
Article 8:
 National Fee. International Fee. Division of Excess Receipts, Supplementary Fees, and Complementary Fees
Article 8bis:
 Renunciation in Respect of One or More Countries
Article 9:
 Changes in National Registers also Affecting International Registration. Reduction of List of Goods and Services Mentioned in International Registration. Additions to that List. Substitutions in that List
Article 9bis:
 Transfer of International Mark Entailing Change in Country of Proprietor
Article 9ter:
 Assignment of International Mark for Part Only of Registered Goods or Services or for Certain Contracting Countries. Reference to Article 6quater of Paris Convention (Assignment of Mark)
Article 9quater:
 Common Office for Several Contracting Countries. Request by Several Contracting Countries to be Treated as a Single Country
Article 10:
 Assembly of the Special Union
Article 11:
 International Bureau
Article 12:
 Finances
Article 13:
 Amendment of Articles 10 to 13
Article 14:
 Ratification and Accession. Entry into Force. Accession to Earlier Acts. Reference to Article 24 of Paris Convention (Territories)
Article 15:
 Denunciation
Article 16:
 Application of Earlier Acts
Article 17:
 Signature, Languages, Depository Functions
Article 18:
 Transitional Provisions

Article 1
[Establishment of a Special Union. Filing of Marks at International Bureau. Definition of Country of Origin]3

(1) The countries to which this Agreement applies constitute a Special Union for the International registration of marks.

(2) Nationals of any of the contracting countries may, in all the other countries party to this Agreement, secure protection for their marks applicable to goods or services, registered in the country of origin, by filing the said marks at the International Bureau of Intellectual Property (hereinafter designated as “the International Bureau”) referred to in the Convention establishing the World Intellectual Property Organization (hereinafter designated as “the Organization”), through the intermediary of the Office of the said country of origin.

(3) Shall be considered the country of origin the country of the Special Union where the applicant has a real and effective industrial or commercial establishment; if he has no such establishment in a country of the Special Union, the country of the Special Union where he has his domicile; if he has no domicile within the Special Union but is a national of a country of the Special Union, the country of which he is a national.

Article 2
[Reference to Article 3 of Paris Convention (Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union)]

Nationals of countries not having acceded to this Agreement who, within the territory of the Special Union constituted by the said Agreement, satisfy the conditions specified in Article 3 of the Paris Convention for the Protection of Industrial Property shall be treated in the same manner as nationals of the contracting countries.

Article 3
[Contents of Application for International Registration]

(1) Every application for international registration must be presented on the form prescribed by the Regulations; the Office of the country of origin of the mark shall certify that the particulars appearing in such application correspond to the particulars in the national register, and shall mention the dates and numbers of the filing and registration of the mark in the country of origin and also the date of the application for international registration.