Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement:artikel 1

Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement

Rule 1 Abbreviated Expressions

Geldend

Documentgegevens:

Geldend vanaf 01-02-2020

Bronpublicatie:: 02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-02-2020
Bronpublicatie inwerkingtreding:: 02-10-2018, Trb. 2021, 37 (uitgifte: 26-03-2021, kamerstukken/regelingnummer: -)
Vakgebied(en): Intellectuele-eigendomsrecht / Modellen- en merkenrecht

For the purposes of these Regulations,

(i)

‘Agreement’ means the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, as revised at Stockholm on July 14, 1967, and amended on September 28, 1979;

(ii)

‘Protocol’ means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989;

(iii)

‘Contracting Party’ means any State or intergovernmental organization party to the Protocol;

(iv)

‘Contracting State’ means a Contracting Party that is a State;

(iv)

‘Contracting Organization’ means a Contracting Party that is an intergovernmental organization;

(v)

‘international registration’ means the registration of a mark effected under the Agreement or the Protocol or both, as the case may be;

(vi)

‘international application’ means an application for international registration filed under the Protocol;

(viii)

[Deleted]

(ix)

[Deleted]

(x)

[Deleted]

(xi)

‘applicant’ means the natural person or legal entity in whose name the international application is filed;

(xii)

‘legal entity’ means a corporation, association or other group or organization which, under the law applicable to it, is capable of acquiring rights, assuming obligations and suing or being sued in a court of law;

(xiii)

‘basic application’ means the application for the registration of a mark that has been filed with the Office of a Contracting Party and that constitutes the basis for the international application for the registration of that mark;

(xiv)

‘basic registration’ means the registration of a mark that has been effected by the Office of a Contracting Party and that constitutes the basis for the international application for the registration of that mark;

(xv)

‘designation’ means the request for extension of protection (‘territorial extension’) under Article 3ter(1) or (2) of the Protocol, it also means such extension as recorded in the International Register;

(xvi)

‘designated Contracting Party’ means a Contracting Party for which the extension of protection (‘territorial extension’) has been requested under Article 3ter(1) or (2) of the Protocol, or in respect of which such extension has been recorded in the International Register;

(xvii)

[Deleted]

(xviii)

[Deleted]

(xix)

‘notification of provisional refusal’ means a declaration by the Office of a designated Contracting Party, in accordance with Article 5(1) of the Protocol;

(xixbis)

‘invalidation’ means a decision by the competent authority (whether administrative or judicial) of a designated Contracting Party revoking or cancelling the effects, in the territory of that Contracting Party, of an international registration with regard to all or some of the goods or services covered by the designation of the said Contracting Party;

(xx)

‘Gazette’ means the periodical gazette referred to in Rule 32;

(xxi)

‘holder’ means the natural person or legal entity in whose name the international registration is recorded in the International Register;

(xxii)

‘International Classification of Figurative Elements’ means the Classification established by the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks of June 12, 1973;

(xxiii)

‘International Classification of Goods and Services’ means the Classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised at Stockholm on July 14, 1967, and at Geneva on May 13, 1977;

(xxiv)

‘International Register’ means the official collection of data concerning international registrations maintained by the International Bureau, which data the Protocol or the Regulations require or permit to be recorded, irrespective of the medium in which such data are stored;

(xxv)

‘Office’ means the Office of a Contracting Party in charge of the registration of marks, or the common Office referred to in Article 9quater of the Protocol;

(xxvi)

‘Office of origin’ means the Office of origin defined in Article 2(2) of the Protocol;

(xxvibis)

‘Contracting Party of the holder’ means

—: the Contracting Party whose Office is the Office of origin, or
—: where a change of ownership has been recorded or in the case of State succession, the Contracting Party, or one of the Contracting Parties, in respect of which the holder fulfills the conditions under Article 2 of the Protocol, to be the holder of an international registration;

(xxvii)

‘official form’ means a form established by the International Bureau or any form having the same contents and format;

(xxviii)

‘prescribed fee’ means the applicable fee set out in the Schedule of Fees;

(xxix)

‘Director General’ means the Director General of the World Intellectual Property Organization;

(xxx)

‘International Bureau’ means the International Bureau of the World Intellectual Property Organization.

(xxxi)

‘Administrative Instructions’ means the Administrative Instructions referred to in Rule 41.