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ARTICLE-15: Protectable Subject Matter [go to this ARTICLE]
... 1. Any
sign, or any combination of signs, capable of distinguishing the
goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark. Such
signs, in particular words including personal names, letters,
numerals, figurative elements and combinations of colours as well as
any combination of such signs, shall be eligible for registration as
trademarks. Where signs are not inherently capable of distinguishing
the relevant goods or services, Members may make registrability
depend on distinctiveness acquired through use. Members may require,
as a condition of registration, that signs be visually perceptible. ...
... 1. Any
sign, or any combination of signs, capable of distinguishing the
goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark. Such
signs, in particular words including personal names, letters,
numerals, figurative elements and combinations of colours as well as
any combination of such signs, shall be eligible for registration as
trademarks. Where signs are not inherently capable of distinguishing
the relevant goods or services, Members may make registrability
depend on distinctiveness acquired through use. Members may require,
as a condition of registration, that signs be visually perceptible. ...
... 2. Paragraph
1 shall not be understood to prevent a Member from denying
registration of a trademark on other grounds, provided that they do
not derogate from the provisions of the Paris Convention (1967).
...
... 3. Members
may make registrability depend on use. However, actual use of a
trademark shall not be a condition for filing an application for
registration. An application shall not be refused solely on the
ground that intended use has not taken place before the expiry of a
period of three years from the date of application. ...
... 4. The
nature of the goods or services to which a trademark is to be applied
shall in no case form an obstacle to registration of the trademark. ...
... 5. Members
shall publish each trademark either before it is registered or
promptly after it is registered and shall afford a reasonable
opportunity for petitions to cancel the registration. In addition,
Members may afford an opportunity for the registration of a trademark
to be opposed. ...
... 5. Members
shall publish each trademark either before it is registered or
promptly after it is registered and shall afford a reasonable
opportunity for petitions to cancel the registration. In addition,
Members may afford an opportunity for the registration of a trademark
to be opposed. ...
ARTICLE-18: Term of Protection [go to this ARTICLE]
... Initial
registration, and each renewal of registration, of a trademark shall
be for a term of no less than seven years. The registration of a
trademark shall be renewable indefinitely. ...
... Initial
registration, and each renewal of registration, of a trademark shall
be for a term of no less than seven years. The registration of a
trademark shall be renewable indefinitely. ...
... Initial
registration, and each renewal of registration, of a trademark shall
be for a term of no less than seven years. The registration of a
trademark shall be renewable indefinitely. ...
ARTICLE-19: Requirement of Use [go to this ARTICLE]
... 1. If use
is required to maintain a registration, the registration may be
cancelled only after an uninterrupted period of at least three years
of non-use, unless valid reasons based on the existence of obstacles
to such use are shown by the trademark owner. Circumstances arising
independently of the will of the owner of the trademark which
constitute an obstacle to the use of the trademark, such as import
restrictions on or other government requirements for goods or
services protected by the trademark, shall be recognized as valid
reasons for non-use. ...
... 1. If use
is required to maintain a registration, the registration may be
cancelled only after an uninterrupted period of at least three years
of non-use, unless valid reasons based on the existence of obstacles
to such use are shown by the trademark owner. Circumstances arising
independently of the will of the owner of the trademark which
constitute an obstacle to the use of the trademark, such as import
restrictions on or other government requirements for goods or
services protected by the trademark, shall be recognized as valid
reasons for non-use. ...
... 2. When
subject to the control of its owner, use of a trademark by another
person shall be recognized as use of the trademark for the purpose of
maintaining the registration. ...
ARTICLE-22: Protection of Geographical Indications [go to this ARTICLE]
... 3. A
Member shall, ex officio if its legislation so permits or
at the request of an interested party, refuse or invalidate the
registration of a trademark which contains or consists of a
geographical indication with respect to goods not originating in the
territory indicated, if use of the indication in the trademark for
such goods in that Member is of such a nature as to mislead the
public as to the true place of origin. ...
... 2. The
registration of a trademark for wines which contains or consists of a
geographical indication identifying wines or for spirits which
contains or consists of a geographical indication identifying spirits
shall be refused or invalidated, ex officio if a Member's
legislation so permits or at the request of an interested party, with
respect to such wines or spirits not having this origin. ...
... 4. In
order to facilitate the protection of geographical indications for
wines, negotiations shall be undertaken in the Council for TRIPS
concerning the establishment of a multilateral system of notification
and registration of geographical indications for wines eligible for
protection in those Members participating in the system. ...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... measures
adopted to implement this Section shall not prejudice eligibility for
or the validity of the registration of a trademark, or the right to
use a trademark, on the basis that such a trademark is identical
with, or similar to, a geographical indication. ...
... 7. A
Member may provide that any request made under this Section in
connection with the use or registration of a trademark must be
presented within five years after the adverse use of the protected
indication has become generally known in that Member or after the
date of registration of the trademark in that Member provided that
the trademark has been published by that date, if such date is
earlier than the date on which the adverse use became generally known
in that Member, provided that the geographical indication is not used
or registered in bad faith. ...
... 7. A
Member may provide that any request made under this Section in
connection with the use or registration of a trademark must be
presented within five years after the adverse use of the protected
indication has become generally known in that Member or after the
date of registration of the trademark in that Member provided that
the trademark has been published by that date, if such date is
earlier than the date on which the adverse use became generally known
in that Member, provided that the geographical indication is not used
or registered in bad faith. ...
ARTICLE-38: Term of Protection [go to this ARTICLE]
... 1. In
Members requiring registration as a condition of protection, the term
of protection of layout-designs shall not end before the expiration
of a period of 10 years counted from the date of filing an
application for registration or from the first commercial
exploitation wherever in the world it occurs. ...
... 1. In
Members requiring registration as a condition of protection, the term
of protection of layout-designs shall not end before the expiration
of a period of 10 years counted from the date of filing an
application for registration or from the first commercial
exploitation wherever in the world it occurs. ...
... 2. In
Members not requiring registration as a condition for protection,
layout-designs shall be protected for a term of no less than 10 years
from the date of the first commercial exploitation wherever in the
world it occurs. ...
... 2. Where
the acquisition of an intellectual property right is subject to the
right being granted or registered, Members shall ensure that the
procedures for grant or registration, subject to compliance with the
substantive conditions for acquisition of the right, permit the
granting or registration of the right within a reasonable period of
time so as to avoid unwarranted curtailment of the period of
protection. ...
... 2. Where
the acquisition of an intellectual property right is subject to the
right being granted or registered, Members shall ensure that the
procedures for grant or registration, subject to compliance with the
substantive conditions for acquisition of the right, permit the
granting or registration of the right within a reasonable period of
time so as to avoid unwarranted curtailment of the period of
protection. ...
ARTICLE-70: Protection of Existing Subject Matter [go to this ARTICLE]
... 7. In the
case of intellectual property rights for which protection is
conditional upon registration, applications for protection which are
pending on the date of application of this Agreement for the Member
in question shall be permitted to be amended to claim any enhanced
protection provided under the provisions of this Agreement. Such
amendments shall not include new matter. ...