International applications of Trademark – Trademark Registration

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International applications of Trademark
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Several applicants of international applications

• Two or more applicants may jointly file
  an international application governed especially
  by the Agreement or governed by both the
  Agreement and the protocol if the basic trademark
  registration is jointly owned by them and if the
  country of origin ,as defined in the article 1(3)
  of the Agreement, is the same for the each of
  them.
• Two or more applicants may jointly file
  an international application governed especially
  by the protocol if the basic application was
  jointly filed by the them or the basic trademark
  registration is jointly owned by them, and if
  each of them qualifies ,in relation to the
  contracting party whose office is the office of
  origin, for filing an international application
  under Article 2(1) of the protocol.

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Trademark Registration
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Requirements concerning the international
applications

• The international application shall be presented
  to the international Bureau by the office of the
  origin.
• The international application shall be presented
  on the official form in one copy.
• The international application shall be signed by
  the office of the origin and ,where the office of
  the origin so requires, also by the applicant.
  Where the office does not need the applicant to
  sign the international application but allows
  that the applicant also sign it, the applicant
  may do so.
• The prescribed fees applicable to
  the international application shall be paid as
  provided for in Rules 10,34 and 35.
• The international application shall contain or
  indicate the name of the applicant, given in
  accordance with the administrative instructions .

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• The address of the applicants, given in
  accordance with the administrative instructions .
• The name and address of the representative, if
  any, given in accordance with the administrative
  instructions.
• Where the applicant wants, under the Paris
  Convention for the Protection of Industrial
  Property ,to make the advantage of the priority
  of an earlier filing, a declaration claiming the
  priority of that filing, together with an
  indication of the name of the Office where such
  filing was made and of the date and, where
  available, the number of that filing, and, where
  the earlier filing relates to less than all the
  goods and services listed in the international app
  lications, the indication of those goods and 
  services to which the earlier filing relates,
• A reproduction of the trademark that shall fit in
  the box provided on the official form that
  reproduction shall be clear and shall, depending
  on whether the reproduction in the basic
  application or the basic trademark
  registration is in black and white or in color.

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• Where the applicant wishes that the trademark be
  considered as a mark in standard characters, a
  declaration to that effect.
• Where the color is claimed as a distinctive
  advantage of the mark in the basic application or
  basic trademark registration, or where the
  applicant wishes to claim color as a distinctive
  advantage of the trademark and the trademark
  contained in the basic application or basic
  trademark registration is in color, the
  notification that color is claimed and the
  notification by words of the color or combination
  of colours applied and, where the recreation
  furnished under item(5) is in black and white,
  one recreation of the trademark in color.
• Where the basic international application or the
  basic trademark registration  relates to a three
  dimensional mark, the notification may Three
  dimensional mark.
• Where the trademark that is the subject of the
  basic international application or the
  basic trademark registration consists of a color
  or a combination of colours as such, an
  indication to that effect.
• Where  the basic international application or the
  basic trademark registration relates to sound
  mark, the notification of such mark may be Sound
  mark.

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Protection of Trademark
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• Where the basic international application or the
  basic trademark registration relates to a
  collective mark or certification of marks or a
  guarantee mark, the notification to that effect.
• Where the basic application or the
  basic trademark registration contains the
  description of the mark by words and the
  applicant wishes to include the description and
  the Office of the origin needs the inclusion of
  the description, that the same description
• Where the trademark contains the matter in
  character other than Latin characters or numbers
  expressed in numerals other than Arabic or Roman
  numerals
• The name of the goods and services for which the
  international trademark registration of the mark
  is sought, groped in the particular classes of
  the International Classification of Goods and
  Services, each group proceeded by the number of
  the class and presented in the order of the
  classes of that classification
  an international application may have limitations
  of the list of goods and services in respect of
  one or more designated contracting parties the
  limitation in respect of each and every
  contracting parties are varied.

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• Where the person who applies a application, is a
  legal entity, notifications consisting the legal
  nature of the legal entity and the state, and,
  where applicable, the territorial unit within
  that state, under the law of which the legal
  entity has been arranged.
• Where the trademark consists words those may be
  translated, a translation of that words into
  French if the international application is
  governed especially by the Agreement, or into
  English, French/Spanish if the international
  application is governed especially by the
  Protocol or is governed by both the Protocol and
  the Agreement.
• Where the applicant consider color as a 
  important factor of the trademark, an indication
  by the words, in respect of each colours ,the
  principal parts of mark which are in that same
  color
• Where the applicant wishes to refuses the
  protection for any elements of the mark, the
  notification of that fact and the element or
  elements for which protection is disclaim.

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Additional contents of an International
Application

• An international application governed especially
  by the Agreement or by the Agreement and the
  Protocol shall consists the number and date of
  the basic trademark Registration and shall
  indicate one of the following
• That the applicant has a real and effective
  industrial or commercial establishment in the
  territory of the any contracting state whose
  office is the Office of origin, or
• Where the applicant has any Contracting state of
  the Agreement, that he has a fixed permanent
  place in the territory of the State, Whose office
  is the Office of origin, or
• Where the applicant has no such establishment or
  the permanent fixed place in the territory of any
  contracting state of the Agreement, that he is a
  national of the state whose office is the Office
  of the origin.

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• An international application governed especially
  by the Protocol shall contain the number and date
  of the basic international application or
  basic trademark registration and shall notify one
  or more of the following
• Where the contracting party whose office is the
  office of origin is a State, that the applicant
  is a national of that state.
• Where the Contracting Party whose office is the
  Office of the origin is an organisation, the name
  of the Member state of that organisation of which
  the applicant is a national
• That the applicant has a domicile has a real and
  effective improvement in the territory of the
  contracting party whose office is the Office of
  the origin.

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Fees Concerning the International Applications
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• An international application governed especially
  by the Agreement shall be subject to the payment
  of the basic fee, that complementary fee and,
  where applicable, the supplementary fee,
  specified in item 1 of the schedule of fees.
  Those fees shall be paid in two installments of
  ten years each. But Rule 30 is applicable at the
  time of payment of second instalment.
• An international application governed especially
  by the protocol shall be subject to the basic
  fee, the complementary fee and or the individual
  fee and, where applicable, the supplementary fee,
  specified or referred to in item 2 of the
  Schedule of fees. Those fees shall be paid for
  ten years.
• An international application shall be governed by
  the both the Agreement and also by the Protocol
  shall be subject to the payment of the basic fee,
  the complementary fee and where applicable, the
  individual fee and the supplementary fee,
  specified or referred to in item 3 of Schedule of
  Fees.

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Irregularities with respect to the Classification
of Goods and Services

• If the international Bureau consider that the
  requirements of rule 9(4) are not together with,
  it shall create a proposal of its own for the
  classification and grouping and shall send a
  notification of its proposal to the Office of the
  origin and at the same time notify the applicant.
• The intimation of the proposal shall mention the
  amount, if any, of the fees due as a consequence
  of the required classification and grouping.
• The office of the origin may communicate to
  the International Bureau an opinion on the
  proposed classification and grouping within three
  months from the date of the notification of the
  proposal.

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• If, within two months from the date of the
  intimation referred to in paragraph (1) a of Rule
  12, in the Office of the origin has not
  communicated an opinion on the proposed
  classification and grouping and the international
  bureau shall send a notification to the office of
  the origin and to a applicant a communication
  reiterating  the proposal. The sending of such a
  communication shall not affect the three month
  period.
• if, in basis of the opinion, the international bur
  eau withdraws its proposal ,it shall indicates
  the office of origin accordingly and at the same
  time indicate the applicant.
• if, in basis of the opinion, the International Bur
  eau modifies its proposal, it shall indicates
  the Office of the origin and at the same time
  inform the applicant of such modification and any
  consequent changes.
• In spite of this opinion, the International bureau
  confirms its proposal, it shall notify the
  Office of the origin appropriately and at the
  same time inform the applicant.

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Irregularities with Respect to the Indication of
Goods and Services
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• If the international Bureau considers that any
  goods and services is mentioned in the
  international application by a term that is too
  vague for the purposes of classification or is
  incomprehensible or is linguistically incorrect,
  it shall indicates the Office of the origin
  accordingly and at the same time inform the
  applicant.
• The office of origin may make a proposal for
  remedying the irregularity within three months
  from the date of the intimation .
• If no proposal acceptable to the International Bur
  eau for remedying the irregularity is made within
  the period indicated in subparagraph(a), the
  International Bureau shall include in the
  international trademark registration the term as
  appearing in the basic application, provided that
  the office of the origin has specified the class
  in which such term should be classified the
  international trademark registration shall
  contain an indication, the effect that, in the
  opinion of the International Bureau, the
  specified to vague for  the purposes of
  classification or is incomprehensible or is
  linguistically incorrect, as the case may be.