Trademark Law Treaty:Article 3 Application

Trademark Law Treaty

Article 3 Application

Geldend

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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;

(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 published in 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 is 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 applicant may file, instead of or in addition to the declaration of intention to use the mark referred to in subparagraph a)(xvii), a declaration of actual use of the mark and evidence to that effect, as required by the law of the Contracting Party.

c)

Any Contracting Party may require 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 thelanguages[lees: 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 1a)(xvi) may be the 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 1a)(xvii) and b) be signed by the applicant himself even if he has a representative.

5. [Single Application for Goods and/or Services in Several Classes]

One and 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 1a)(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 that 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.

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