The first one article

States belonging to the Madrid Union participating in this Protocol (Hereafter referred to "State party" ) , Even without joining the one amended in Stockholm in 1967 and amended in 1979 "Madrid Agreement on the International Registration of Trademarks" (Hereafter referred to "Madrid agreement" (Stockholm) ) , And Article 14 of this Protocol (1) (b) Refers to organizations participating in this Protocol (Hereafter referred to "Contracting organization" ) , And join "Madrid agreement" (Stockholm) Are members of the same union. In this Protocol, "Contracting party" The term refers both to States parties, Also refers to contracting organizations.

The first two article

Protection obtained through international registration

(1) When an application for trademark registration has been filed with the office of a Contracting Party, Or when a mark has been registered in the register of the Office of a Contracting Party, The application (Hereafter referred to "Basic application" ) Of the applicant or the registration (Hereafter referred to "Basic registration" ) Registrant of, The register may be adopted in the International Bureau of the World Intellectual Property Organization in accordance with the provisions of this Protocol (Hereinafter referred to as "International registration" , "International register" , "International bureau" and "organization" ) Approval to register the trademark, To obtain protection of its trademark in the territory of the Contracting Party, The condition is:

(i) When the basic application has been made to the office of a Contracting State or the basic registration has taken place with that office, The applicant of the application or the registrant of the registration is a national of the State Party, Or have a real and valid industrial or commercial establishment in the Contracting State;

(ii) When a foundation application has been filed with an organization office or a foundation registration has been made with the Organization Office, The applicant of the application or the registrant of the registration is a national or resident of a Member State of the Contracting organization, Or there is a real and valid industrial or commercial establishment in the territory of the contracting organization;

(2) Application for international registration (Hereafter referred to "International application" ) It shall, as the case may be, be passed to the office to which the basic application is made or to the office to which the basic registration is made (Hereafter referred to "Original office" ) Of the International Bureau.

(3) In this Protocol, "Bureau of" or "Bureau of Contracting Parties" Means the office responsible for registering a trademark for a Contracting Party; "trademark" The term refers to the trademark of goods, Also means a service mark.

(4) In this Protocol, When the Contracting Party is a State, "Territory of Contracting Parties" Refers to the territory of the country; When the Contracting Party is an intergovernmental organization, Territory of a Contracting Party means the territory to which the treaty of the intergovernmental organization is concluded.

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