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Keputusan Presiden Nomor 17 Tahun 1997 tentang PENGESAHAN TRADEMARK LAW TREATY

KEPPRES No. 17 Tahun 1997 berlaku

Pasal 1

Mengesahkan Trademark Law Treaty sebagai hasil persidangan dan diterima oleh
Negara-negara Anggota World Intellectual Property Organization di Jenewa, Swiss
pada tanggal 28 Oktober 1995, yang salinan naskah aslinya dalam bahasa Inggeris
sebagaimana terlampir pada Keputusan Presiden ini.

Pasal 2

Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.

Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden
ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.

Ditetapkan di Jakarta

pada tanggal 7 Mei 1997

PRESIDEN REPUBLIK INDONESIA

ttd.

SOEHARTO
Diundangkan di Jakarta
pada tanggal 7 Mei 1997
MENTERI NEGARA SEKRETARIS NEGARA

REPUBLIK INDONESIA

ttd.

MOERDIONO

Trademark Law Treaty
and
Regulations
Done at Geneva on October 27, 1994

CONTENTS

Treaty ....................................... page3
Regulations .................................. page 35

TRADEMARK LAW TREATY

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:
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 contens 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 Intelletual 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 Applications; 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 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 apllicant 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 evidance in
support of the declaration of priority that may be required
pursuant to Article 4 of the Paris Convention;

(viii) where the applicant wishes to take advantage of any protection
resulting from the display of goods and/or services in an
exhibition, a declaration to that effect, together with indications
in support of that declaration, as required by the law of the
Contracting Party;

(ix)
where the Office of the Contracting Party uses characters (letters
and numbers) that it considers as being standard and where the
applicant wishes that the mark be registered and publisher is
standard characters, a statement to that effect;

(x)
where the applicant wishes to claim color as a distinctive feature
of the mark, a statement to that effect as well as the name or
names of the color or colors claimed and an indication, in respect
of each color, of the principal parts of the mark which are in that
color;

(xi)
where the mark is a three-dimensional mark, a statement to that
effect;

(xii)
one or more reproductions of the mark;

(xiii) a transliteration of the mark or of certain parts of the mark;

(xiv) a translation of the mark or of certain parts of

the mark;

(xv)
the names of the goods and/or services for which the registration
os sought, grouped according to the classes of the Nice
Classification, each group preceded by the number of the class of
that Classification to which that group of goods or services belongs
and presented in the order of the classes of the said Classification;

(xvi) a signature by the person specified in paragraph (4);

(xvii) a declaration of intention to use the mark, as required by the law
of the Contracting Party.

(b)
The apllicant may file, instead of or in addition to the declaration of
intention to use the mark referred to in sub paragraph (a) (xvii), a
declaration of actual use of the mark and evidance to that effect, as
required by the law of the Contracting Party.

(c)
Any Contracting Party may required that, in respect of the application,
fees be paid to the Office.
(2)
[Presentation] As regards the requirements concerning the presentation of the
application, no Contracting Party shall refuse the application,

(i)
where the application is presented in writing on paper, if it is presented,
subject to paragraph (3), on a form corresponding to the application Form
provided for in the Regulations,

(ii)
where the Contracting Party allows the transmittal of communications to
the Office by telefacsimile and the application is so transmitted, if the
paper copy resulting from such transmittal corresponds, subject to
paragraph (3), to the application Form referred to in item (i).
(3)
[Language] Any Contracting Party may require that the application be in the
language, or in one of the languages, admitted by the Office. Where the Office
admits more than one language, the applicant may be required to comply with
any other language requirement applicable with respect to the Office, provided
that the application may not be required to be in more than one language.
(4)
[Signature]

(a)
The signature referred to in paragraph (1) (a) (xvi) may be signature of
the applicant or the signature of his representative.

(b)
Notwithstanding subparagraph (a), any Contracting Party may require
that the declarations referred to in paragraph (1) (a) (xvii) and (b) be
signed by the applicant himself even if he has representative.
(5)
[Single Application for Goods and/or Services in Several Classes] One the same
application may relate to several goods and/or services, irrespective of whether
they belong to one class or to several classes of the Nice Classification.
(6)
[Actual Use] Any Contracting Party may require that, where a declaration of
intention to use has been filed under paragraph (1) (a) (xvii), the applicant
furnish to the Office within a time limit fixed in its law, subject to the
minimum time limit prescribed in the Regulations, evidence of the actual use of
the mark, as required by the said law.
(7)
[Prohibition of Other Requirements] No Contracting Party may demand the
requirements other than those referred to in paragraphs (1) to (4) and (6) be
complied with in respect of the application. In particular, the following may
not be required in respect of the application throughout its pendency:

(i)
the furnishing of any certificate of, or extract from, a register of
commerce;

(ii)
an indication of the applicant's carrying on of an industrial or commercial
activity, as well as the furnishing of evidence to that effect;

(iii)
an indication of the applicant's carrying on of an

activity corresponding to the goods and/or services listed in the
application, as well as the furnishing of evidence to that effect;

(iv)
the furnishing of evidence to the effect that the mark has been
registered in the register of marks of another Contracting Party or of a
State party to the Paris Convention which is not a Contracting Party,
except where the applicant claims the application of Article 6quinquies
of the Paris Convention.
(8)
[Evidence] Any Contracting Party may require that evidence be furnished to the
Office in the course of the examination of the application where the Office may
reasonably doubt the veracity of any indication or element contained in the
application.

Article 4
Representation; Address for Service

(1)
[Representatives Admitted to Practice] Any Contracting Party may require that
any person appointed as representative for the purposes of any procedure
before the Office be a representative admitted topratice before the Office.
(2)
[Mandatory Representation; Address for Service]

(a) Any Contracting Party may require that, for the purposes of any procedure
before the Office, any person who has neither a domicile nor a real and
effective industrial or commercial establishment on its territory by
represented by a representative.

(b) Any Contracting Party may, to the extent that it does not require
representation in accordance with subparagraph (a), require that, for the
purposes of any procedure before the Office, any person who has neither a
domicile nor a real and effective industrial or commercial establishment
on its territory have an address for service on that territory.
(3)
[Power of Attorney]

(a) Whenever a Contracting Party allows or requires an applicant, a holder or
any other interested person to be represented by a representative before
the Office, it may require that the representative be appointed in a
separate communication (hereinafter referred to as "power of attorney")
indicating the name of, and signed by, the applicant, the holder or the
other person, as the case may be.

(b) The power of attorney may relate to one or more applications and/or
registrations identified in the power of attorney or, subject to any
exception indicated by the appointing person, to all existing and future
applications and/or registrations of that person.

(c) The power of attorney may limit the powers of the representative to
certain acts. Any Contracting Party may require that any power of
attorney under which the representative has the right to withdraw an
application or to surrender a registration contain an express indication to
that effect.

(d) Where a communication is submitted to the Office by a person who refers
to himself in the communication as a representative but where the Office
is, at the time of the receipt of the communication, not in possession of
the required power of attorney, the Contracting Party may require that
the power of attorney be submitted to the Office within the time limit
fixed by the Contracting Party, subject to the minimum time limit
preseribed in the Regulations. Any Contracting Party may provide that,
where the power of attorney has not been submitted to the Office within
the time limit fixed by the Contracting Party, the communication by the
said person shall have no effect.

(e) As regards the requirements concerning the presentation and contents of
the power of attorney, no Contracting Party shall refuse the effects of the
power of attorney,

(i)
where the power of attorney is presented in writing on paper, if it is
presented, subject to paragraph (4), on a form corresponding to the
power of attorney Form provided for in the Regulations,

(ii) where
the
Contracting
Party
allows
the
transmittal
of
communications to the Office by telefacsimile and the power of
attorney is so transmitted, if the paper copy resulting from such
transmittal corresponds, subject to paragraph (4), to the power of
attorney Form referred to in item (I).
(4)
[Languages] Any Contracting Party may require that the power of attorney be in
the language, or in one of the languages, admitted by the Office.
(5)
[Reference to Power of Attorney] Any Contracting Party may require that any
communication made to the Office by a representative for the purposes of a
procedure before the Office contain a reference to the power of attorney on
the basis of which the representative acts.
(6)
[Prohibition of Other Requirements] No Contracting Party may demand that
requirements other than those referred to in paragraph (3) to (5) be complied
with in respect of the matters dealt with in those paragraphs.
(7)
[Evidence] Any Contracting Party may require that evidence be furnished to the
Office where the Office may reasonably doubt the veracity of any indication
contained in any communication referred to in paragraphs (2) to (5).

Article 5
Filing Date

(1)
[Permitted Requirements]

(a)
Subject to subparagraph (b) and paragraph (2), a Contracting Party shall
accord as the filing date of an application the date on which the Office
received the following indications and elements in the language required
under Article 3 (3):

(i)
an express or implicit indication that the registration of a mark is
sought;

(ii)
indications allowing the identity of the applicant to be established;

(iii) indications sufficient to contact the applicant or

his representative, if any, by mail;

(iv)
a sufficiently clear reproduction of the mark whose registration is
sought;

(v)
the list of the goods and/or services for which the registration is
sought;

(vi)
where Article 3 (1) (a) (xvii) or (b) applies, the declaration referred
to in Article 3 (1) (a) (xvii) or the declaration and evidance referred
to in Article 3 (1) (b), repectively, as required by the law of the
Contracting Party, those declarations being, if so required by the
said law, signed by the applicant himself even if he has a
representative.

(b)
Any Contracting Party may accord as the filing date of the application the
date on which the Office received only some, rather than all, of the
indications and elements referred to in subparagraph (a) or received them
in a language other than the language required under Article 3 (3).
(2)
[Permitted Additional Requirements]

(a)
A Contracting Party may provide that no filing date shall be accorded
until the required fees are paid.

(b)
Any Contracting Party may apply the requirement referred to in
subparagraph (a) only if it applied such requirement at the time of
becoming party this Treaty.
(3)
[Corrections and Time Limits] The modalities of, and time limits for,
corrections under paragraphs (1) and (2) shall be fixed in the Regulations.
(4)
[Prohibition of Other requirements] No Contracting Party, may demand that
requirements other than those referred to in paragraphs (1) and (2) be complied
with in respect of the filing date.

Article 6
Single Registration for Goods and/or Services in Several Classes

Where goods and/or services belonging to several classes of the Nice Classification
have been included in one and the same application, such an application shall result in
one and the same registration.

Article 7
Division of Application and Registration

(1)
[Division of Application]

(a) Any application listing several goods and/or services (hereinafter referred
to as initial application) may,

(i)
at least until the decision by the Office on the registration of the
mark,

(ii) during any opposition proceedings against the decision of the Office
to register the mark,

(iii) during any appeal proceedings against the decision on the registration
of the mark, be divided by the applicant or at his request into two or
more applications (hereinafter referred to as divisional applications)
by distributing among the latter the goods and/or services listed in
the initial application. The divisional applications shall preserve the
filing date of the initial application and the benefit of the right of
priority, if any.

(b) Any Contracting Party shall, subject to subparagraph (a), be free to
establish requirements for the division of an application, including the
payment of fees.
(2)
[Division of Registration] Paragraph (1) shall apply, mutatis mutandis, with
respect to a division of a registration. Such a division shall be permitted

(i)
during any proceedings in which the validity of the registration is
challenged before the Office by a third party.

(ii) during any appeal proceedings against a decision taken by the Office
during the former proceedings, provided that a Contracting Party may
exclude the possibility of the division of registrations if its law allows third
parties to appose the registration of a mark before the mark is registered.

Article 8
Signature

(1)
[Communication on Paper] Where a communication to the Office of a
Contracting Party is on paper and a signature is required, that Contracting Party

(i)
shall, subject to item (iii), aceept a handwritten signature,

(ii)
shall be free to allow, instead of a handwritten signature, the use of
other forms of signature, such as printed or stamped signature, or the
use of a seal,

(iii)
may, where the natural person who signs the communication is its
national and such person's address is in its territory, require that a seal
be used instead of a handwritten signature,

(iv)
may, where a seal is used, require that the seal be accompanied by an
indication in letters of the name of the natural person whose seal is
used.
(2)
[Communication by Telefacsimile]

(a) Where a Contracting Party allows the Transmittal of communications to
the Office by telefacsimile, it shall consider the communication signed if,
on the printout produced by the telefacsimile, the reproduction of the
signature, or the reproduction of the seal together with, whererequired
under paragraph (1) (iv), the indication in letters of the name of the
natural person whose seal is used, appears.

(b) The Contracting Party referred to in subparagraph (a) may require that the
paper whose reproduction was transmitted by telefacsimile be filed with
the Office within a certain period, subject to the minimum period
prescribed in the Regulations.
(3)
[Communication by Electronic Means] Where a Contracting Party allows the
Transmittal of communications to the Office by electronic means it shall
consider the communication signed if, the letter identifies the sender of the
communication by electronic means as prescribed by the Contracting Party.
(4)
[Prohibition of Requirement of Certification] No Contracting Party may require
the attestation, notarization, authentication, legalization or other certification
of any signature or other means of self-identification referred to in the
preceding paragraphs, except, if the law of the Contracting Party so provides,
where the signature concerns the surrender of a registration.

Article 9
Classification of Goods and/or Services

(1)
[Indications of Goods and/or Services] Each registration and any publication
effected by an Office which concerns an application or registration and which
indicates goods and/or services shall indicate the goods and/or services by their
names, grouped according to the classes of the Nice Classification, and each
group shall be preceded by the number of the class of that Classification to
which that group of goods or services belongs and shall be presented in the
order of the classes of the said Classification.
(2)
[Goods or Services in the Same Class or in Different Classes]

(a)
Goods or services may not be considered as being similar to each other on
the ground that, in any registration or publication by the Office, they
appear in the same class of the Nice Classification.

(b)
Goods or services may not be considered as being dissimilar from each
other on the ground that, in any registration or publication by the Office,
they appear in different classes of the Nice Classification.

Article 10
Changes in Names or Addresses

(1)
[Changes in the Name or Address of the Holder]

(a) Where there is no change in the person of the holder but there is a change
in his name and/or address, each Contracting Party shall accept that a
request for the recordal of the change by the Office in its register of marks
be made in a communication signed by the holder or his representative
and indicating the registration number of the registration concerned and
the change to be recorded. As regards the requirements concerning the
presentation of the request, no Contracting Party shall refuse the request,

(i) where the request is presented in writing on paper, if it is presented,
subject to subparagraph (c), on a form corresponding to the request
Form provided for in the Regulations,

(ii) where the Contracting Party allows the transmittal of communicatons
to the Office by telefacsimile and the request is so transmitted, if the
paper copy resulting from such transmittal corresponds, subject to
subparagraph (c), to the request Form referred to in item (i).

(b)
Any Contracting Party may require that the request indicate.

(i)
the name and address of the holder;

(ii) where the holder has a representative, the name and address of
that representative;

(iii) where the holder has an address for service, such address.

(c)
Any Contracting Party may require that the request be in the language,
or in one the languages, admitted by the Office.

(d)
Any Contracting Party may require that, in respect of the request, a fee
be paid to the Office.

(e)
A single request shall be sufficient even where the change relates to
more than one registration, provided that the registration numbers of all
registrations concerned are indicated in the request.
(2)
[Change in the Name or Address of the Applicant] Paragraph (1) shall apply,
mutatis mutandis, where the change concerns an application or applications, or
both an application or applications and a registration or regsitrations, provided
that, where the application number of any application concerned has not yet
been issued or is not known to the applicant or his representative, the request
otherwise identifies that application as prescribed in the Regulations.
(3)
[Change in the Name or Address of the Representative or in the Address for
Service] Paragraph (1) shall apply, mutatis mutandis, to any change in the name
or address of the representative, if any, and to any change relating to the
address for service, if any.
(4)
[Prohibition of Other Requirements] No Contracting party may demand that
requirements other than those referred to in paragraphs (1) to (3) be complied
with in respect of the request referred to in this Article. In particular, the
furnishing of any certificate concerning the change may not be required.
(5)
[Evidance] Any Contracting Party may require that evidance be furnished to the
Office where the Office may reasonably doubt the veracity of any indication
contained in the request.

Article 11
Change on Ownership

(1)
[Change in the Ownership of a Registration]

(a)
Where there is a change in the person of the holder, each Contracting
Party shall accept that a request for the recordal of the change by the
Office in its register of marks be made in a communication signed by the
holder or his representative, or by the person who acquired the ownership
(hereinafter referred to as "new owner") or his representative, and
indicating the registration number of the registration concerned and the
change to be recorded. As regards the requirements concerning the
presentation of the request, no Contracting Party shall refuse the
request.

(i)
where the request is presented in writing on paper, if it is presented,
subject to paragraph (2) (a), on a form corresponding to the request
Form provided for in the regulations.

(ii) where
the
Contracting
Party
allows
the
transmittal
of
communications to the Office by telefacsimile and the request is so
transmitted, if the paper copy resulting from such transmittal
corrsponds, subject to paragraph (2) (a), to the request Form
referred to in item (i).

(b)
Where the change in ownership results from a contract, any Contracting
Party may require that the request indicate that fact and be
accompanied, at the option of the requesting party, by one of the
following:

(i)
a copy of the contract, which copy may be required to be certified,
by a notary public or any other competent public authority, as being
in conformity with the original contract;

(ii) an extract of the contract showing the change in ownership, which
extract may be required to be certified, by a notary public or any
other competent public authority, as being a true extract of the
contract;

(iii) an uncertified certificate of transfer drawn up in the form and with
the content as prescribed in the Regulations and signed by both the
holder and the new owner;

(iv) an uncertified transfer document drawn up in the form and with the
content as prescribed in the Regulations and signed by both the
holder and the new owner.

(c)
Where the change in ownership results from a merger, any Contracting
Party may require that the request indicate that fact and be accompanied
by a copy of a document, which document originates from the competent
authority and evidences the merger, such as a copy of an ectract from a
register of commerce, and that copy be certified by the authority which
issued the document or by a notary public or any other competent public
authority, as being in conformity with the original document.

(d)
Where there is a change in the person of one or more but not all of
several co holders and such change in ownership results from a contract
or a merger, any Contracting Party may require that any co holder in
respect of which there is no change in ownership give his express consent
to the change in ownership in a document signed by him.

(e)
Where the change in ownership does not result from a contract or a
merger but from another ground, for example, from operation of law or a
court decision, any Contracting Party may require that the request
indicate that fact and be accompanied by a copy of a document
evidencing the change and that copy be certified as being in conformity
with the original document by the authority which issued the document or
by a notary public or any other competent public authority.

(f)
Any Contracting Party may require that the request indicate.

(i)
the name and address of the holder;

(ii)
the name and address of the new owner;

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

(iv)
where the new owner 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 holder has a representative, the name and address of
that representative;

(vi)
where the holder has an address for service, such address;

(vii)
where the new owner has a representative, the name and address
of that representative;

viii)
where the new owner is required to have an address for service
under Article 4(2) (b), such address.

(g)
Any Contracting Party may require that, in respect of the request, a fee
be paid to the Office.

(h)
A single request shall be sufficient even where the change relates to
more than one registration, provided that the holder and the new owner
are the same for each registration and that the registration numbers of
all registrations concerned are indicated in the request.

(i)
Where the change of ownership does not affect all the goods and/or
services listed in the holder's registration, and the applicable law allows
the recording of such change, the Office shall create a separate
registration referring to the goods and/or services in respect of which
the ownership has changed.
(2)
[Language; Translation]

(a)
Any Contracting Party may require that the request, the certificate of
transfer or the transfer document referred to in paragraph (1) be in the
language, or in one of the languages, admitted by the Office.

(b)
Any Contracting Party may require that, if the documents referred to in
paragraph (1) (b) (i) and (ii), (c) and (e) are not in the language, or in
one of the languages, admitted by the Office, the request be
accompanied by a traslation or a certified translation of the required
document in the language, or in one of the languages, admitted by the
Office.
(3)
[Change in the Ownership of an Application] Paragraphs (1) and (2) shall apply,
mutatis mutandis, where the change in ownership concerns an application or
applications, or both an application or applicationa and a registration or
registrations, provided that, where the application number of any application
concerned has not yet been issued or is not known to the applicant or his
representative, the request otherwise identifies that application as prescribed
in the Regulations.
(4)
[Prohibition of Other Requirements] No Contracting Party may demand that
requirements other than those referred to in paragraphs (1) to (3) be complied
with in respect of the request referred to in this Article. In particular, the
following may not be required;

(i)
subject to paragrapah (1) (c), the furnishing of any certificate of, or
extract from, aregister of commerce;

(ii)
an indication of the new owner's carrying on of an industrial or
commercial activity, as well as the furnishing or evidence to that effect;

(iii)an indication of the new owner's carrying on of an

activity corresponding to the goods and/or services affected by the
change in ownership, as well as the furnishing of evidence to either
effect;

(iv)
an indication that the holder transferred, entirely or in part, his business
or the relevant goodwill to the new owner, as well as the furnishing of
evidence to either effect.
(5)
[Evidence] Any Contracting Party may require that evidence, or further
evidence where paragraph (1) (c) or (e) applies, be furnished to the Office
where that Office may reasonably doubt the veracity of any indication
contained in the request or in any document referred to in present Article.

Article 12
Correction of a Mistake

(1)
[Correction of a Mistake in respect of a registration]

(a)
Each Contracting Party shall accept that the request for the correction of
a mistake which was made in the application or other request
communicated to the Office and which mistake is reflected in its register
of marks and/or any publication by the Office be made in communication
signed by the holder or his representative and indicating the registration
number of the registration concerned, the mistake to be corrected and
the correction to be entered. As regards the requirements concerning the
presentation of the request, no Contracting Party shall refuse the
request.

(i) where the request is presented in writing on paper, if it is presented,
subject to subparagraph (c), on a form corresponding to the request
Form provided for in the regulations.

(ii) where
the
Contracting
Party
allows
the
transmittal
of
communications to the Office by telefacsimile and the request is so
transmitted, if the paper copy resulting from such transmittal
corresponds, subject to subparagraph (c), to the request Form
referred to in item (i).

(b)
Any Contracting Party may require that the request indicate
(i) the name and address of the holder;
(ii) where the holder has a representative, the name and address of that
representative;
(iii) where the holder has an address for service, such address.

(c)
Any Contracting Party may require that the request be in the language, or
in one of the languages, admitted by the Office.

(d)
Any Contracting Party may require that, is respect of the request, a fee
be paid to the Office.

(e)
A single request shall be sufficient even where the correction relates to
more than one registration of the same person, provided that the mistake
and the requested correction are the same for each registration and that
the registration numbers of all registrations concerned are indicated in
the request.
(2)
[Correction of Mistake in Respect of an Application] Paragraph (1) shall apply,
mutatis mutandis, where the mistake concerns an application or applications,
or both an application or applications and a registration or registrations,
provided that, where the application number of any application concerned has
not yet been issued or is not known to the applicant or his representative, the
request otherwise identifies that application as prescribed in the Regulations.
(3)
[Prohibition of Other requirements] No Contracting Party may demand that
requirements other than those referred to in paragraphs (1) and (2) be complied
with in respect of the request referred to in this Article.
(4)
[Evidence] Any Contracting Party may require that evidence be furnished to the
Office where the Office may reasonably doubt that the alleged mistake is in
fact a mistake.
(5)
[Mistakes Made by the Office] The Office of a Contracting Party shall correct its
own mistakes, ex office or upon request, for no fee.
(6)
[Uncorrectable Mistakes] No Contracting Party shall be obliged to apply
paragraphs (1), (2) and (5) to any mistake which cannot be corrected under its
law.

Article 13
Duration and Renewal of Registration

(1)
[Indications or Elements Contained in or Accompanying a Request for Renewal;
Fee]

(a) Any Contracting Party may require that the renewal of a registration be
subject to the filing of a request and that such request contain some or all
of the following indications:

(i)
an indication that renewal is sought;

(ii) the name and address of the holder;

(iii) the registration number of the registration

concerned;

(iv) at the option of the Contracting Party, the filing date of the
application which resulted in the registration concerned or the
registration date of the registration concerned;

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

(vi) where the holder has an address for service, such address;

(vii) where the Contracting Party allows the renewal of a registration to
be made for some only of the goods and/or services which are
recorded in the register of marks and such a renewal is requested,
the names of the recorded goods and/or services for which the
renewal is requested or the names of the recorded goods and/or
services for which the renewal is not requested, grouped according to
the classes of the Nice Classification, each group preceded by the
number of the class of that Classification to which that group of
goods or services belongs and presented in the order of the classes of
the said Classification;

(viii) where a Contracting Party allows a request for renewal to be filed by
a person other than the holder or his representative and the request
is filed by such a person, the name and address of that person;

(ix) a signature by the holder or his representative or, where item (viii)
applies, a signature by the person referred to in that item.

(b) Any Contracting Party may require that, in respect of the request for
renewal, a fee be paid to the Office. Once the fee has been paid in
respect of the initial period of the registration or of any renewal period,
no further payment may be required for the maintenance of the
registration in respect of that period. Fees associated with the furnishing
of a declaration and/or evidence of use shall not be regarded, for the
purposes of this subparagraph, as payments required for the maintenance
of the registration and shall not be affected by this subparagraph.

(c) Any Contracting Party may require that, in respect of the request for
renewal, and the corresponding fee referred to in subparagraph (b) be
paid, to the Office within the period fixed by the law of the Contracting
Party, subject to the minimum periods prescribed in the Regulations.
(2)
[Presentation] As regards the requirements concerning the presentation of the
request for renewal, no a Contracting Party shall refuse the request,

(i)
where the request is presented in writing on paper, if it is presented,
subject to paragraph (3), on form corresponding to the request Form
provided for in the Regulations.

(ii) where the Contracting Party allows the transmittal of communications to
the Office by telefacsimile and the request is so transmitted, if the paper
copy resulting from such transmittal corresponds, subject to paragraph
(3), to the request Form referred to in item (i).
(3)
[Language] Any Contracting Party may require that the request for renewal be
in the language, or in one of the languages, admitted by the Office.
(4)
[Prohibition of Other Requirements] No Contracting Party may demand that
requirements other than those referred to in paragraphs (1) to (3) be complied
with in respect of the request for renewed. In particular, the following may not
be required:

(i)
Any reproduction or other identification of the mark;

(ii) the furnishing of evidence to the effect that the mark has been registered,
or that its registration has been renewal, in the register of marks of any
other Contracting Party;

(iii) the furnishing of a declaration and/or evidence concerning use of the
mark.
(5)
[Evidence] Any Contracting Party may require that evidence be furnished to the
Office in the course of the examination of the request for renewal where the
Office may reasonably doubt the veracity of any indication or element
contained in the request for renewal.
(6)
[Prohibition of Substantive Examination] No Office of a Contracting Party may,
for the purposes of effecting the renewal, examine the registration as to
substance.
(7)
[Duration] The duration of the initial period of the registration, and the
duration of each renewal period, shall be 10 years.

Article 14
Observations in Case of Intended Refusal

An application or a request under Articles 10 to 13 may not be refused totally or in
part by an Office without giving the applicant or the requesting party, as the case may
be, an opportunity to make observations on the intended refusal within a reasonable
time limit.

Article 15
Obligations to Compaly with the Paris Convention

Any Contracting Party shall complay with the provisions of the Paris Convention which
concern marks.

Article 16
Service Marks

Any Contracting Party shall register service marks and apply to such marks the
provisions of the Paris Convention which concern trademarks.

Article 17
Regulations

(1)
[Content]

(a)
The Regulations annexed to this Treaty provide rules concerning

(i)
matters which this Treaty expressly provides to be prescribed in the
Regulations;

(ii) any details useful in the implementation of the provisions of this
Treaty;

(iii) any administrative requirements, matters or procedures.

(b)
The Regulations also contain Model International Forms.
(2)
[Conflict Between the Treaty and the regulations] In the case of conflict
between the provisions of this Treaty and those of the Regulations, the former
shall prevail.

Article 18
revision; Protocols

(1)
[Revision] This Treaty may be revised by a diplomatic conference.
(2)
[Protocols] For the purposes of further developing the harmonization of laws on
marks, protocols may be adopted by a diplomatic conference in so far as those
protocols do not contravene the provisions of this Treaty.

Article 19
Becoming Party to the Treaty

(1)
[Eligibility] The following entities may sign and, subject to paragraphs (2) and
(3) and Article 20 (1) and (3), become party to this Treaty:

(i)
any State member of the Organization in respect of which marks may be
registered with its own Office;

(ii) any intergovernmental organization which maintains an Office in which
marks may be registered with effect in the territory in which the
constituting treaty of the intergovernmental organization applies, in all its
member States or in those of its member States which are designated for
such purpose in the relevant application, provided that all the member
States of the intergovernmental organizations are members of the
Organization;

(iii) any State member of the Organization in respect of which marks may be
registered only through the Office of another specified State that is a
member of the Organization;

(iv) any State member of the Organization in respect of which marks may be
registered only through the Office maintained by an intergovernmental
organization of which that State is a member;

(v) any State member of the Organization in respect of which marks may be
registered only through an Office common to a group of States members of
the Organization.
(2)
[Ratification or Accession] Any entity referred to in paragraph (1) may deposit

(i)
an instrument of ratification, if it has signed this Treaty,

(ii) an instrument of accession, if it has signed this Treaty.
(3)
[Effective Date of Deposit]

(a) Subject to subparagraph (b), the effective date of the deposit of an
instrument of ratification or accession shall be.

(i) in the case of a State referred to in paragraph (1)(i), the date on
which the instrument of that State is deposited;

(ii) in the case of an intergovernmental organization, the date on which
the instrument of that intergovernmental organization is deposited;

(iii)in the case of a State referred to in paragraph

(1)(iii), the date on which the following condition is fulfilled; the
instrument of that State has been deposited;

(iv) in the case of a State referred to in paragraph (1)(iv), the date
applicable under (ii), above;

(v) in the case of a State member of a group of States referred to in
paragraph (1)(v), the date on which the instruments of all the States
members of the group have been deposited.

(b) Any instrument of ratification or accession (referred to in this
subparagraph as "instrument") of a State may be accompanied by a
declaration making it a condition to its being considered as deposited that
the instrument of one other State or one intergovernmental organization,
or the instruments of two other States, or the instruments of one other
State and one intergovernmental organization, specified by name and
eligible to become party to this Treaty, is or are also deposited. The
instrument containing such a declaration shall be considered to have been
deposited on the day on which the condition indicated in the declaration is
fulfilled. However, when the deposit of any instrument specified in the
declaration is, itself, accompanied by a declaration of the said kind, that
instrument shall be considered as deposited on the day on which the
condition specified in the latter declaration is fulfilled.

(c) Any declaration made under paragraph (b) may be withdrawn, in its
entirety of in part, at any time. Any such withdrawal shall become
effective on the date on which the notification or withdrawal is received
by the Director General.

Article 20
Effective Date of ratifications and Accessions

(1)
[Instruments to Be Taken Into Consideration] For the purposes of this Article,
only instruments of ratification or accession that are deposited by entities
referred to in Article 19 (1) and that have an effective date according to Article
19 (3) shall be taken into consideration.
(2)
[Entry Into Force of the Treaty] This Treaty shall enter into force three months
after five States have deposited their instruments of ratification or accession.
(3)
[Entry Into Force of Ratifications and Accessions Subsequent to the Entry Into
Force of the Treaty] Any entity not covered by paragraph (2) shall become
bound by this Treaty three months after the date on which it has deposited its
instrument of ratification or accession.

Article 21
Reservations

(1)
[Special Kinds of Marks] Any State or intergovernmental organization may
declare through a reservation that, notwithstanding Article 2(1) (a) and (2)(a),
any of the provisions of Articles 3(1) and (2), 5, 7, 11 and 13 shall not apply to
associated marks, defensive marks or derivative marks. Such reservation shall
specify those of the aforementioned provisions to which the reservation relates.
(2)
[Modalities] Any reservation under paragraph (1) shall be made in a declaration
accompanying the instrument of ratification of, or accession to, this Treaty of
the State or intergovernment organization making the reservation.
(3)
[Withdrawal] Any reservation under paragraph (1) may be withdrawn at any
time.
(4)
[Prohibition of Other Reservations] No reservation to this Treaty other than the
reservation allowed under paragraph (1) shall be permitted.

Article 22
Transitional Provisions

(1)
[Single Application for Goods and Services in Several Classes; Devision of
Application]

(a) Any
State
or
intergovernment
organization
may
declare
that,
notwithstanding Article 3(5), an application may be filed with the Office
only in respect of goods or services which belong to one class not the Nice
Classification.

(b) Any State or intergovernmental organization may declare that,
notwithstanding Article 6, where goods and/or services belonging, to
several classes of the Nice Classification have been included in one and the
same application, such application shall result in two or more registrations
in the register of marks, provided that each and every such registration
shall bear a reference to all other such registrations resulting from the said
application.

(c) Any State or intergovernmental organization that has made a declaration
under subparagraph (a) may declare that, notwithstanding Article 7(1), no
application may be devided.
(2)
[Single Power of Attorney for More Than One Application and/or Registration]
Any State or intergovernmental organization may declare that, notwithstanding
Article 4(3) (b), a power of attorney may only relate to one application or one
registration.
(3)
[Prohibition of Requirement of Certification of Signature of Power of Attorney
and of Signature of Application] Any State or intergovernmental organization
may declare that, notwithstanding Article 8(4), the signature of a power of
attorney or the signature by the applicant of an application may be required to
be the subject of an attestation, notarization, authentication, legalization or
other certification.
(4)
[Single Request for More Than One Applicantion and/or Registration in Respect
of a Change in Name and/or Address, a Change in Ownership or a Correction of
a Mistake] Any State or intergovernmental organization may declare that,
nothwithstanding Article 10(1)(e), (2) and (3), Article 11(1)(h) and (3) and
Article 12(1)(e) and (2), a request for the recordal of a change in name and/or
address, a request for the recordal of a change in ownership and a request for
the correction of a mistake may only relate to one application or one
registration.
(5)
[Furnishing, on the Occasion of Renewal, of Declaration and/or Evidence
Concerning Use] Any State or intergovernmental organization may declare that,
nothwithstanding Article 13(4)(iii), it will require, on the occasion of renewal,
the furnishing of a declaration and/or of evidence concerning use of the mark.
(6)
[Substantive Examination of the Occasion of Renewal] Any State or
intergovernmental organization may declare that, notwithstanding Article
13(6), the Office may, on the occasion of the first renewal of a registration
covering Services, examine such registration as to substance, provided that such
examination shall be limited to the elimination of multiple registrations based
on applications filed during a period of six months following the entry into force
of the law of such State or organization that introduced, before the entry into
force of this Treaty, the possibility of registering service marks.
(7)
[Common Provisions]

(a) A State or an intergovernmental organization may make a declaration
under paragraph (1) to (6) only if, at the time of depositing its instrument
of ratification of, or accession to, this Treaty, the continued application of
its law would, without such a declaration, be contrary to the relevant
provisions of this Treaty.

(b) Any declaration under paragraphs (1) to (6) shall accompany the
instrument of ratification of, or accession to, this Treaty of the State or
intergovernmental organization making the declaration.

(c) Any declaration made under parapgraphs (1) to (6) may be withdrawn at
any time.
(8)
[Loss of Effect of Declaration]

(a) Subject to subparagraph (c), any declaration made under paragraphs (1) to
(5) by a State regarded as a developing country in conformity with the
established practice of the General Assembly of the United Nations, or by
an intergovernmental organization each member of which is such a State,
shall lose its effect at the end of a period of eight years from the date of
entry into force of this Treaty.

(b) Subject to subparagraph (c), any declaration made under paragraphs (1) to
(5) by a State other than a State referred to in subparagraph (a), or by an
intergovernmental
organization
other
than
an
intergovernmental
organization referred to in subparagraph (a), shall lose its effect at the
end of a period of six years from the date of entry into force of this
Treaty.

(c) Where a declaration made under paragraphs (1) to (5) has not been
withdrawn under paragraph (7) (c), or has not lost its effect under
subparagraph (a) or (b), before October 28, 2004, it shall lose its effect on
October 28, 2004.
(9)
[Becoming Party to the Treaty] Until December 31, 1999, any State which, on
the date of the adoption of this Treaty, is
a member of the International
(Paris) Union for the Protection of Industrial Property without being a member
of the Organization may, notwithstanding Article 19 (1) (i), become a party to
this Treaty if marks may be registered with its own Office.

Article 23
Denunciation of the Treaty

(1)
[Notification] Any Contracting Party may denounce this Treaty by notification
addressed to the Director General.
(2)
[Effective Date] Denunciation shall take effect one year from the date on which
the Director General has received the notification. It shall not affect the
application of this Treaty to any application pending or any mark registered in
respect of the denouncing Contracting Party at the time of the expiration of the
said one-year period, provided that the denouncing Contracting Party may,
after the expiration of the said one-year period, discontinue applying this
Treaty to any registration as from the date on which that registration is due for
renewal.

Article 24
Languages of the Treaty; Signature

(1)
[Original Texts; Official Texts]

(a)
This Treaty shall be signed in a single original in the English, Arabic,
Chinese, French, Russian and Spanish languages, all texts being equally
authentic.

(b)
At the request of a Contracting Party, an official text in a language not
referred to in subparagraph (a) that is an official language of that
Contracting Party shall be established by the Director General after
consultation with the said Contracting Party and any other interested
Contracting Party.
(2)
[Time Limit for Signature] This Treaty shall remain open for signature at the
headquarters of the Organization for one year after its adoption.

Article 25
Depositary

The Director General shall be the depositary of this Treaty.

REGULATIONS UNDER THE
TRADEMARK LAW TREATY

List of Rules

Rule 1:
Abbreviated Expressions
Rule 2:
Manner of Indicating Names and Addresses
Rule 3:
Details Concerning the Application
Rule 4:
Details Concerning representation
Rule 5:
Details Concerning the Filing Date
Rule 6:
Details Concerning the Signature
Rule 7:
Manner of Identification of an Application Without Its Application
Number
Rule 8:
Details Concerning Duration and Renewal

List of Model International Forms

Form No.1
Application for the Registration of a Mark
Form No.2
Power of Attorney
Form No.3
Request for the Recordal of Change(s) in Name(s) and/or Address(es)
Form No.4
Request for the Recordal of a Change in Ownership in Respect of
Registration(s) and/or Application(s) for Registration of Marks
Form No.5
Certificate of Transfer in Respect of Registration(s) and/or Application(s)
for Registration of Marks
Form No.6
Transfer Document in Respect of Registration(s) and/or Application(s) for
Registration of Marks
Form No.7
Request for the Correction of Mistake(s) in Registration(s) and/or
Application(s) for Registration of Marks.
Form No.8
Request for the Renewal of a Registration

Rule 1
Abbreviated Expressions

(1)
[Treaty; Article]

(a)
In these Regulations, the word "Treaty" means the Trademark Law
Treaty.

(b)
In these Regulations, the word "Article" refers to the specified Article of
the Treaty.
(2)
[Abbreviated Expressions Defined in the Treaty] The abbreviated expressions
defined in Article 1 for the purposes of the Treaty shall have the same meaning
for the purposes of the Regulations.

Rule 2
Manner of Indicating Names and Addresses

(1)
[Names]

(a) Where the name of a person is to be indicated, any Contracting party may
require.

(i)
where the person is a natural person, that the name to be indicated
be the family or principal name and the given or secondary name or
names of that person or that the name to be indicated be, at that
person's option, the name or names customarily used by the said
person;

(ii)
where the person is a legal entity, that the name to be indicated be
the full official designation of the legal entity.

(b) Where the name of a representative which is a firm or partnership is to be
indicated, any Contracting Party shall accept as indication of the name the
indication that the firm or partnership customarily uses.
(2)
[Addresses]

(a) Where the address of a person is to be indicated, any Contracting Party
may require that the address be indicated in such a way as to satisfy the
customary requirements for prompt postal delivery at the indicated
address and, in any case, consist of all the relevant administrative units up
to, and including the house or building number, if any.

(b) Where a communication to the Office of a Contracting Party is in the name
of two or more persons with different addresses, that Contracting Party
may require that such communication indicate a single address as the
address for correspondence.

(c) The indication of an address may contain a telephone number and a
telefacsimile number and, for the purposes of correspondence, an address
different from the address indicated under subparagraph (a).

(d) Subparagraphs (a) and (c) shall apply, mutatis mutandis, to addresses for
service.
(3)
[Script to Be Used] Any Contracting Party may require that any indication
referred to in paragraphs (1) and (2) be in the script used by the Office.

Rule 3
Details Concerning the Application

(1)
[Standard Characters] Where, pursuant to Article 3(1) (a) (ix), the application
contains a statement to the effect that the applicant wishes that the mark be
registered and published in the standard characters used by the Office of the
Contracting Party, the Office shall register and publish that mark in such
standard characters.
(2)
[Number of reproductions]

(a) Where the application does not contain a statement to the effect that the
applicant wishes to claim color as a distinctive feature of the mark, a
Contracting Party may not require more than

(i)
five reproductions of the mark in black and white where the
application may not, under the law of that Contracting Party, or does
not contain a statement to the effect that the applicant wishes the
mark to be registered and published in the standard characters used
by the Office of the said Contracting Party;

(ii) one reproduction of the mark in black and white where the
application contain a statement to the effect that the applicant
wishes the mark to be registered and published in the standard
characters used by the Officej of that Contracting Party.

(b) Where the application contains a statement to the effect that the
applicant wishes to claim color as a distinctive feature of the mark, a
Contracting Party
may not require more than five reproductions of the
mark in black and white and five reproductions of the mark in color.
(3)
[reproduction of a Three-Dimensional Mark]

(a) jWhere, pursuant to Article (3) (1) (a) (xi), the application contains a
statemen jto the effect that the mark is a three-dimensional mark. the
reproduction of the mark shall consist of a twodimensional graphic or
photographic reproduction.

(b) The reproduction furnished under subparagraph (a) may, at the option of
the applicant, consist or one single view of the mark or of several different
views of the mark.

(c) Where the Office considers that the reproduction of the mark furnished by
the applicant under subparagraph (a) does not sufficiently show the
particulars of the three-dimensional mark, it may invite the applicant to
furnish, within a reasonable time limit foxed in the invitation, up to six
different views of the mark and/or a description by words of that mark.

(d) Where the Office considers that the different views and/or the description
of the mark referred to in subparagraph (c) still do not sufficiently show
the particulars of the three-dimensional mark, it may invite the applicant
to furnish, within a reasonable time limit fixed in the invitation, a
specimen of the mark.

(e) Paragraph (2) (a) (i) and (b) shall apply mutatis mutandis.
(4)
[Transliteration of the Mark] For the purposes of Article 3(1) (a) (xiii), where
the mark consist of or contains matter in script other than the script used by
the Office or numbers expressed in numerals other than numerals used by the
Office, a transliteration of such matter in the script and numerals used by the
Office may be required.
(5)
[Translation of the Mark] For the purposes of Article 3(1) (a) (xiv), where the
mark consist of for contains a word or words a language other than the
language, or one of the languages, admitted by the Office, a translation of that
word or those words into that language or one of those languages may be
required.
(6)
[Time Limit for Furnishing Evidence of Actual Use of the Mark] The time limit
referred to in Article 3(6) shall not be shorter than six months counted from the
date of allowance of the application by the Office of the Contracting Party
where that application was filed. The applicant or holder shall have the right to
an extension of that time limit, subject to the conditions provided for by the
law of that Contracting Party, by periods of at least six months each, up to a
total extension of at least two years and a half.

Rule 4
Details Concerning Representation

The time limit referred to in Article 4(3) (d) shall be counted from the date of receipt
of the communication referred to in that Article by the Office the Contracting Party
concerned and shall not be less than one month where the address of the person on
whose behalf the communication is made is on the territory of that Contracting Party
and not less than two months where such an address is aoutside the territory of that
Contracting Party.

Rule 5
Details Concerning the Filing Date

(1)
[Procedure in Case of Non-Compliance with Requirements] If the application
does not, at the time of its receipt by the Office comply with any of the
applicable requirements of Article 5(1) (a) or (2) (a), the Office shall promptly
inivite the applicant to comply with such requirements within a time limit
indicated in the invitation, which time limit shall be at least one month from
the date of the invitation where the applicant's address is on the territory of
the Contracting Party concerned and at least two months where the applicant's
address is outside the territory of the Contracting Party concerned. Compliance
with the invitation may be subject to the payment of a special fee. Even if the
Office fails to send the said invitation, the said requirements remain
unaffected.
(2)
[Filing Date in Case of Correction] If, within the time limit indicated in the
invitation, the applicant complies with the invitation referred to in paragraph
(1) and pays any required special fee, the filing date shall be the date on which
all the required indications and elements referred to in Article 5 (1) (a) have
been received by the Office and. where applicable, the required fee referred to
in Article 5 (2) (a) has been paid to the Office. Otherwise, the application shall
be treated as if it had not been filed.
(3)
[Date of Receift] Each Contracting Party shall be free to determine the
circumstances in which the receipt of a document or the payment of a fee shall
be deemed to constitute receipt by or payment to the Office in cases in which
the document was actually received by or payment was actually made to

(i)
a branch or sub-office of the Office.

(ii)
a national Office on behalf of the Office of the Contracting Party, where
the Contracting Party is an intergovernmental organization referred to in
Article 19(1)(ii),

(iii)
an official postal service,

(iv)
a delivery service, other than an official postal service, specified by the
Contracting Party.
(4)
[Use of Telefacsimile] Where a Contracting Party allows the filing of an
applicantion by telefacsimile and the application is filed by telefacsimile, the
date of receipt of the telefacsimile by the Office of that Contracting Party shall
constitute the date of receipt of the application,
provided that the said
Contracting Party may require that the original of such application reach the
Office within a time limit which shall be at least one month from the day on
which the telefacsimile was received by the said Office.

Rule 6
Details Concerning the Signature

(1)
[Legal Entities] Where a communication is signed on behalf of a legal entity,
any Contracting Party may require that the signature, or the seal, of the natural
person who signs or whose seal is used be accompanied by an indication in
letters of the family or principal name and the given or secondary name or
names of that person or, at the option of that person, of the name or names
customarily used by the said person.
(2)
[Communication by Telefacsimile] The period referred to in Article 8 (2) (b)
shall not be less than one month from the date of the receipt of a transmittal
by telefacsimile.
(3)
[Date] Any Contracting Party may require that a signature or seal be
accompanied by an indication of the date on which the signing or sealing was
effected. Where that indication is required but is not supplied, the date on
which the signing or sealing is deemed to have been effected shall be the date
on which the communication bearing the signature or seal was received by the
Office or, if the Contracting Party so allows, a date earlier than the letter date.

Rule 7
Manner of Identification of an Application
Without Its Application Number

(1)
[Manner of Identification] Where it is required that an application be identified
by its application number but where such a number has not yet been issued or
is not known to the applicant or his representative, that application shall be
considered identified if the following is supplied.

(i)
the provisional application number, if any, given by the Office, or

(ii)
a copy of the application, or

(iii)
a reproduction of the mark, accompanied by an indication of the date on
which, to the best knowledge of the applicant or the representative, the
application was received by the Office and an identification number
given to the applicant or the representative.
(2)
[Prohibition of Other requirements] No Contracting Party may demand that
requirements other than those referred to in paragraph (1) be complied with in
order for an application to be identified where its application number has not
yet been issued or is not known to the applicant or his representative.

Rule 8
Details Concerning Duration Renewal

For the purposes of Article 13 (1) (c), the period during which the request for renewal
may be presented and the renewal fee may be paid shall start at least six months
before the date on which the renewal is due and shall end at the earliest six months
after that date. If the request for renewal is presented and/or the renewal fees are
paid after the date on which the renewal is due, any Contracting Party may subject
the renewal to the payment of a surcharge.

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I hereby certify that the foregoing is a true copy of the Trademark Law Treaty and the
Regulations under the Trademark Law Treaty, adopted on October 27, 1994.

Director General

World Intellectual

Property Organization

Arpad Bogsch