Trademark Registration Treaty
Article 1 - Nature of the Agreement
The present Trademark Registration Treaty (hereinafter the “Treaty”) shall be an international instrument in respect of the mutual recognition of trademark registrations among signatory countries. The Treaty shall apply to trademark laws as in force in each signatory country, as well as to agreements among parties with respect to other protected marks (collectively referred to as “Trademarks”) and the registration thereof.
Article 2 - Scope of Protection
1. Each signatory country agrees to give to all member countries’ trademarks full protection no less advantageous than that accorded to domestic trademarks.
2. Each signatory country shall provide protection of all registered trademarks, not only against infringement but also against importation of goods bearing trademarks that do not comply with the laws of the signatory country or may cause confusion or misunderstanding.
3. Trademarks which are registered in one signatory country may not be refused registration in another signatory country on the grounds of similarity with existing trademarks or goods, or that it is not distinctive.
4. The marking, in any form and in any language, of goods or packaging of goods with a trademark shall constitute use and protection of such mark as a registered Trademark.
Article 3 - Registration of Trademarks
1. Subject to the laws of each signatory country and upon payment of the appropriate fees, registration of Trademarks shall be granted. Application for registration of a trademark shall be made and the procedure shall be conducted in accordance with the laws of each signatory country.
2. Where a Trademark is registered in more than one country, each signatory country should recognize the right of the registrant to use the same trademark in all signatory countries in which the mark is registered.
3. All Trademarks registered under the Treaty shall be accorded the same protection in each signatory country as that accorded to domestic Trademarks.
Article 4 - Duration and Renewal of Registration
1. The period for which a trademark shall be registered under the Treaty shall be for at least 10 years and shall be renewable for periods of equal duration, not to exceed 20 years in total.
2. The registration of a trademark may be canceled or suspended at any time, subject to the laws of each signatory country.
Article 5 - Rights and Obligations of the Signatories
1. Each signatory country agrees to protect and enforce the trademarks of all other signatory countries under the Treaty.
2. Each signatory country agrees to provide adequate remedies to protect the rights of trademark owners whose domestic Trademarks have been infringed.
3. Each signatory country agrees to make available to the public an easily accessible system of registration of Trademarks, and to permit retrial of any registration that has been challenged.
Article 6 - Conflict of Laws
1. If a dispute arises between signatory countries concerning a trademark, it must first be solved by consultation. If no agreement can be reached, either of the parties may commence legal proceedings in the competent court of either signatory.
2. Courts of each signatory shall apply the law of the other signatory in order to determine the merits of any dispute concerning the registration or enforcement of a trademark.
Article 7 - Applicable Law
The Treaty shall be subject to and governed by the laws of each signatory, except where those laws are in conflict with the terms of the Treaty.
Article 8 - Amendments
The Parties may, by consensus, modify, amend, add to or delete from any part of the Treaty to provide for the better implementation and observance of the Treaty. All such amendments shall be ratified by the Parties in writing and become effective as legal instruments.
Article 9 - Entry Into Force
The Treaty shall enter into force upon signature by the Parties and shall remain in force until terminated by any of the Parties.
Article 10 - Termination
The Treaty may be terminated by any signatory country at its discretion by providing written notice of its intention to terminate the Treaty to each of the other signatory countries. Upon termination, the signatory country shall terminate all rights and obligations of its nationals under the Treaty.
Article 11 - Effect of Termination
The termination of the Treaty shall not affect the protection of any Trademarks registered under the Treaty prior to the time of termination. All such Trademarks shall continue to be protected in accordance with the terms of the Treaty.
