Trademark Law Treaty

(adopted at Geneva on October 27, 1994)1

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: Signature

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: Observations in Case of Intended Refusal

Article 15: Obligation to Comply with the Paris Convention

Article 16: Service Marks

Article 17: Regulations

Article 18: Revision; Protocols

Article 19: Becoming Party to the Treaty

Article 20: Effective Date of Ratifications and Accessions

Article 21: Reservations

Article 22: Transitional Provisions

Article 23: Denunciation of the Treaty

Article 24: Languages of the Treaty; Signature

Article 25: 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) references to a “person” shall be construed as references to both a natural person and a legal entity;

(v) “holder” means the person whom the register of marks shows as the holder of the registration;

(vi) “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;

(vii) “Paris Convention” means the Paris Convention for the Protection of Industrial Property, signed at Paris on March 20, 1883, as revised and amended;

(viii) “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;

(ix) “Contracting Party” means any State or intergovernmental organization party to this Treaty;

(x) references to an “instrument of ratification” shall be construed as including references to instruments of acceptance and approval;

(xi) “Organization” means the World Intellectual Property Organization;

(xii) “Director General” means the Director General of the Organization;

(xiii) “Regulations” means the Regulations under this Treaty that are referred to in Article 17.

 

Article 2
Marks to Which the Treaty Applies

 

(1) [ Nature of Marks ]

(a) This Treaty shall apply to marks consisting of visible signs, provided that only those Contracting Parties which accept for registration three-dimensional marks shall be obliged to apply this Treaty to such marks.

(b) This Treaty shall not apply to hologram marks and to marks not consisting of visible signs, in particular, sound marks and olfactory marks.

(2) [ Kinds of Marks ]

(a) This Treaty shall apply to marks relating to goods (trademarks) or services (service marks) or both goods and services.

(b) This Treaty shall not apply to collective marks, certification marks and guarantee marks.

 

Article 3
Application

 

(1) [ Indications or Elements Contained in or Accompanying an Application; Fee ]

(a) Any Contracting Party may require that an application contain some or all of the following indications or elements:

(i) a request for registration;

(ii) the name and address of the applicant;

(iii) the name of a State of which the applicant is a national if he is the national of any State, the name of a State in which the applicant has his domicile, if any, and the name of a State in which the applicant has a real and effective industrial or commercial establishment, if any;

(iv) where the applicant is a legal entity, the legal nature of that legal entity and the State, and, where applicable, the territorial unit within that State, under the law of which the said legal entity has been organized;

(v) where the applicant has a representative, the name and address of that representative;

(vi) where an address for service is required under Article 4(2)(b), such address;

(vii) where the applicant wishes to take advantage of the priority of an earlier application, a declaration claiming the priority of that earlier application, together with indications and evidence in support of the declaration of priority that may be required pursuant to Article 4 of the Paris Convention;