4. Article

1. (1)) [Nature of Marks] Any Contracting Party shall apply this Treaty to marks consisting of signs that can be registered as marks under its law.
2. (1)) [Pārstāvji, kuri pielaisti praksei]
3. (2)) [Kinds of Marks]
4. (2)) [Obligātā pārstāvība; piegādes adrese]
5. (3)) [Pilnvara]
6. (1)) [Indications or Elements Contained in or Accompanying an Application; Fee]
7. (2)) [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.
8. (4)) [Atsauce uz pilnvaru] Jebkura Līgumslēdzēja puse var prasīt, lai jebkurš paziņojums, ko pārstāvis iesniedz kādas darbības veikšanai Iestādē, ietvertu atsauci uz pilnvaru, uz kuras pamata pārstāvis rīkojas.
9. (3)) [Actual Use] Any Contracting Party may require that, where a declaration of intention to use has been filed under paragraph (1)(a)(xvi), 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.
10. (5)) [Citu prasību aizliegums] Attiecībā uz jautājumiem, ko regulē šā panta 3. un 4. daļa, neviena Līgumslēdzēja puse nevar pieprasīt tādu prasību izpildi, kuras nav paredzētas minētajās šā panta daļās vai 8. pantā.
11. (4)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (3) and in Article 8 be complied with in respect of the application. In particular, the following may not be required in respect of the application throughout its pendency:
12. (6)) [Pierādījumi] Jebkura Līgumslēdzēja puse var pieprasīt, lai Iestādei tiktu iesniegti pierādījumi, ja Iestādei ir pamats apšaubīt jebkuru ziņu ticamību, kuras ietvertas 3. un 4. daļā minētajos paziņojumos.
13. (5)) [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.
14. (1)) [Representatives Admitted to Practice]
15. (2)) [Mandatory Representation; Address for Service]
16. (3)) [Power of Attorney]
17. (4)) [Reference to Power of Attorney] Any Contracting Party may require that any communication made to the Office by a representative for the purposes of a procedure before the Office contain a reference to the power of attorney on the basis of which the representative acts.
18. (5)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (3) and (4) and in Article 8 be complied with in respect of the matters dealt with in those paragraphs.
19. (6)) [Evidence] Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt the veracity of any indication contained in any communication referred to in paragraphs (3) and (4).
20. (1)) [Permitted Requirements]
21. (2)) [Permitted Additional Requirement]
22. (3)) [Corrections and Time Limits] The modalities of, and time limits for, corrections under paragraphs (1) and (2) shall be fixed in the Regulations.
23. (4)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) be complied with in respect of the filing date.
24. (1)) [Division of Application]
25. (2)) [Division of Registration] Paragraph (1) shall apply, mutatis mutandis, with respect to a division of a registration. Such a division shall be permitted
26. (1)) [Means of Transmittal and Form of Communications] Any Contracting Party may choose the means of transmittal of communications and whether it accepts communications on paper, communications in electronic form or any other form of communication.
27. (2)) [Language of Communications]
28. (3)) [Signature of Communications on Paper]
29. (4)) [Communications Filed in Electronic Form or by Electronic Means of Transmittal] Where a Contracting Party permits the filing of communications in electronic form or by electronic means of transmittal, it may require that any such communications comply with the requirements prescribed in the Regulations.
30. (5)) [Presentation of a Communication] Any Contracting Party shall accept the presentation of a communication the content of which corresponds to the relevant Model International Form, if any, provided for in the Regulations.
31. (6)) [Prohibition of Other Requirements] No Contracting Party may demand that, in respect of paragraphs (1) to (5), requirements other than those referred to in this Article be complied with.
32. (7)) [Means of Communication with Representative] Nothing in this Article regulates the means of communication between an applicant, holder or other interested person and its representative.
33. (1)) [Indications of Goods and/or Services] Each registration and any publication effected by an Office which concerns an application or registration and which indicates goods and/or services shall indicate the goods and/or services by their names, grouped according to the classes of the Nice Classification, and each group shall be preceded by the number of the class of that Classification to which that group of goods or services belongs and shall be presented in the order of the classes of the said Classification.
34. (2)) [Goods or Services in the Same Class or in Different Classes]
35. (1)) [Changes in the Name or Address of the Holder]
36. (2)) [Change in the Name or Address of the Applicant] Paragraph (1) shall apply, mutatis mutandis, where the change concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or its representative, the request otherwise identifies that application as prescribed in the Regulations.
37. (3)) [Change in the Name or Address of the Representative or in the Address for Service] Paragraph (1) shall apply, mutatis mutandis, to any change in the name or address of the representative, if any, and to any change relating to the address for service, if any.
38. (4)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) to (3) and in Article 8 be complied with in respect of the request referred to in this Article. In particular, the furnishing of any certificate concerning the change may not be required.
39. (5)) [Evidence] Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt the veracity of any indication contained in the request.
40. (1)) [Change in the Ownership of a Registration]
41. (2)) [Change in the Ownership of an Application] Paragraph (1) shall apply, mutatis mutandis, where the change in ownership concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or its representative, the request otherwise identifies that application as prescribed in the Regulations.
42. (3)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) and in Article 8 be complied with in respect of the request referred to in this Article. In particular, the following may not be required:
43. (4)) [Evidence] Any Contracting Party may require that evidence, or further evidence where paragraph (1)(c) or (e) applies, be furnished to the Office where that Office may reasonably doubt the veracity of any indication contained in the request or in any document referred to in the present Article.
44. (1)) [Correction of a Mistake in Respect of a Registration]
45. (2)) [Correction of a Mistake in Respect of an Application] Paragraph (1) shall apply, mutatis mutandis, where the mistake concerns an application or applications, or both an application or applications and a registration or registrations, provided that, where the application number of any application concerned has not yet been issued or is not known to the applicant or its representative, the request otherwise identifies that application as prescribed in the Regulations.
46. (3)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraphs (1) and (2) and in Article 8 be complied with in respect of the request referred to in this Article.
47. (4)) [Evidence] Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt that the alleged mistake is in fact a mistake.
48. (5)) [Mistakes Made by the Office] The Office of a Contracting Party shall correct its own mistakes, ex officio or upon request, for no fee.
49. (6)) [Uncorrectable Mistakes] No Contracting Party shall be obliged to apply paragraphs (1), (2) and (5) to any mistake which cannot be corrected under its law.
50. (1)) [Indications or Elements Contained in or Accompanying a Request for Renewal; Fee]
51. (2)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraph (1) and in Article 8 be complied with in respect of the request for renewal. In particular, the following may not be required:
52. (3)) [Evidence] Any Contracting Party may require that evidence be furnished to the Office in the course of the examination of the request for renewal where the Office may reasonably doubt the veracity of any indication or element contained in the request for renewal.
53. (4)) [Prohibition of Substantive Examination] No Office of a Contracting Party may, for the purposes of effecting the renewal, examine the registration as to substance.
54. (5)) [Duration] The duration of the initial period of the registration, and the duration of each renewal period, shall be 10 years.
55. (1)) [Relief Measure Before the Expiry of a Time Limit] A Contracting Party may provide for the extension of a time limit for an action in a procedure before the Office in respect of an application or a registration, if a request to that effect is filed with the Office prior to the expiry of the time limit.
56. (2)) [Relief Measures After the Expiry of a Time Limit] Where an applicant, holder or other interested person has failed to comply with a time limit ("the time limit concerned") for an action in a procedure before the Office of a Contracting Party in respect of an application or a registration, the Contracting Party shall provide for one or more of the following relief measures, in accordance with the requirements prescribed in the Regulations, if a request to that effect is filed with the Office:
57. (3)) [Exceptions] No Contracting Party shall be required to provide for any of the relief measures referred to in paragraph (2) with respect to the exceptions prescribed in the Regulations.
58. (4)) [Fee] Any Contracting Party may require that a fee be paid in respect of any of the relief measures referred to in paragraphs (1) and (2).
59. (5)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in this Article and in Article 8 be complied with in respect of any of the relief measures referred to in paragraph (2).
60. (1)) [Requirements Concerning the Request for Recordal] Where the law of a Contracting Party provides for the recordal of a license with its Office, that Contracting Party may require that the request for recordal
61. (2)) [Fee] Any Contracting Party may require that, in respect of the recordal of a license, a fee be paid to the Office.
62. (3)) [Single Request Relating to Several Registrations] A single request shall be sufficient even where the license relates to more than one registration, provided that the registration numbers of all registrations concerned are indicated in the request, the holder and the licensee are the same for all registrations, and the request indicates the scope of the license in accordance with the Regulations with respect to all registrations.
63. (4)) [Prohibition of Other Requirements]
64. (5)) [Evidence] Any Contracting Party may require that evidence be furnished to the Office where the Office may reasonably doubt the veracity of any indication contained in the request or in any document referred to in the Regulations.
65. (6)) [Requests Relating to Applications] Paragraphs (1) to (5) shall apply, mutatis mutandis, to requests for recordal of a license for an application, where the law of a Contracting Party provides for such recordal.
66. (1)) [Requirements Concerning the Request] Where the law of a Contracting Party provides for the recordal of a license with its Office, that Contracting Party may require that the request for amendment or cancellation of the recordal of a license
67. (2)) [Other Requirements] Article 17(2) to (6) shall apply, mutatis mutandis, to requests for amendment or cancellation of the recordal of a license.
68. (1)) [Validity of the Registration and Protection of the Mark] The non‑recordal of a license with the Office or with any other authority of the Contracting Party shall not affect the validity of the registration of the mark which is the subject of the license or the protection of that mark.
69. (2)) [Certain Rights of the Licensee] A Contracting Party may not require the recordal of a license as a condition for any right that the licensee may have under the law of that Contracting Party to join infringement proceedings initiated by the holder or to obtain, by way of such proceedings, damages resulting from an infringement of the mark which is the subject of the license.
70. (3)) [Use of a Mark Where License Is Not Recorded] A Contracting Party may not require the recordal of a license as a condition for the use of a mark by a licensee to be deemed to constitute use by the holder in proceedings relating to the acquisition, maintenance and enforcement of marks.
71. (1)) [Content]
72. (2)) [Amending the Regulations] Subject to paragraph (3), any amendment of the Regulations shall require three‑fourths of the votes cast.
73. (3)) [Requirement of Unanimity]
74. (4)) [Conflict Between the Treaty and the Regulations] In the case of conflict between the provisions of this Treaty and those of the Regulations, the former shall prevail.
75. (1)) [Composition]
76. (2)) [Tasks] The Assembly shall
77. (3)) [Quorum]
78. (4)) [Taking Decisions in the Assembly]
79. (5)) [Majorities]
80. (6)) [Sessions] The Assembly shall meet upon convocation by the Director General and, in the absence of exceptional circumstances, during the same period and at the same place as the General Assembly of the Organization.
81. (7)) [Rules of Procedure] The Assembly shall establish its own rules of procedure, including rules for the convocation of extraordinary sessions.
82. (1)) [Administrative Tasks]
83. (2)) [Meetings Other than Sessions of the Assembly] The Director General shall convene any committee and working group established by the Assembly.
84. (3)) [Role of the International Bureau in the Assembly and Other Meetings]
85. (4)) [Conferences]
86. (5)) [Other Tasks] The International Bureau shall carry out any other tasks assigned to it in relation to this Treaty.
87. (1)) [Eligibility] The following entities may sign and, subject to paragraphs (2) and (3) and Article 28(1) and (3), become party to this Treaty:
88. (2)) [Ratification or Accession] Any entity referred to in paragraph (1) may deposit
89. (3)) [Effective Date of Deposit] The effective date of the deposit of an instrument of ratification or accession shall be,
90. (1)) [Relations Between Contracting Parties to Both This Treaty and the TLT 1994] This Treaty alone shall be applicable as regards the mutual relations of Contracting Parties to both this Treaty and the TLT 1994.
91. (2)) [Relations Between Contracting Parties to This Treaty and Contracting Parties to the TLT 1994 That Are Not Party to This Treaty] Any Contracting Party to both this Treaty and the TLT 1994 shall continue to apply the TLT 1994 in its relations with Contracting Parties to the TLT 1994 that are not party to this Treaty.
92. (1)) [Instruments to Be Taken into Consideration] For the purposes of this Article, only instruments of ratification or accession that are deposited by entities referred to in Article 26(1) and that have an effective date according to Article 26(3) shall be taken into consideration.
93. (2)) [Entry into Force of the Treaty] This Treaty shall enter into force three months after ten States or intergovernmental organizations referred to in Article 26(1)(ii) have deposited their instruments of ratification or accession.
94. (3)) [Entry into Force of Ratifications and Accessions Subsequent to the Entry into Force of the Treaty] Any entity not covered by paragraph (2) shall become bound by this Treaty three months after the date on which it has deposited its instrument of ratification or accession.
95. (1)) [Special Kinds of Marks] Any State or intergovernmental organization may declare through a reservation that, notwithstanding Article 2(1) and (2)(a), any of the provisions of Articles 3(1), 5, 7, 8(5), 11 and 13 shall not apply to associated marks, defensive marks or derivative marks. Such reservation shall specify those of the aforementioned provisions to which the reservation relates.
96. (2)) [Multiple‑class Registration] Any State or intergovernmental organization, whose legislation at the date of adoption of this Treaty provides for a multiple‑class registration for goods and for a multiple‑class registration for services may, when acceding to this Treaty, declare through a reservation that the provisions of Article 6 shall not apply.
97. (3)) [Substantive Examination on the Occasion of Renewal] Any State or intergovernmental organization may declare through a reservation that, notwithstanding Article 13(4), the Office may, on the occasion of the first renewal of a registration covering services, examine such registration as to substance, provided that such examination shall be limited to the elimination of multiple registrations based on applications filed during a period of six months following the entry into force of the law of such State or organization that introduced, before the entry into force of this Treaty, the possibility of registering service marks.
98. (4)) [Certain Rights of the Licensee] Any State or intergovernmental organization may declare through a reservation that, notwithstanding Article 19(2), it requires the recordal of a license as a condition for any right that the licensee may have under the law of that State or intergovernmental organization to join infringement proceedings initiated by the holder or to obtain, by way of such proceedings, damages resulting from an infringement of the mark which is the subject of the license.
99. (5)) [Modalities] Any reservation under paragraphs (1), (2), (3) or (4) shall be made in a declaration accompanying the instrument of ratification of, or accession to, this Treaty of the State or intergovernmental organization making the reservation.
100. (6)) [Withdrawal] Any reservation under paragraphs (1), (2), (3) or (4) may be withdrawn at any time.
101. (7)) [Prohibition of Other Reservations] No reservation to this Treaty other than the reservations allowed under paragraphs (1), (2), (3) and (4) shall be permitted.
102. (1)) [Notification] Any Contracting Party may denounce this Treaty by notification addressed to the Director General.
103. (2)) [Effective Date] Denunciation shall take effect one year from the date on which the Director General has received the notification. It shall not affect the application of this Treaty to any application pending or any mark registered in respect of the denouncing Contracting Party at the time of the expiration of the said one-year period, provided that the denouncing Contracting Party may, after the expiration of the said one-year period, discontinue applying this Treaty to any registration as from the date on which that registration is due for renewal.
104. (1)) [Original Texts; Official Texts]
105. (2)) [Time Limit for Signature] This Treaty shall remain open for signature at the headquarters of the Organization for one year after its adoption.
106. (1)) [Abbreviated Expressions Defined in the Regulations] For the purposes of these Regulations, unless expressly stated otherwise:
107. (2)) [Abbreviated Expressions Defined in the Treaty] The abbreviated expressions defined in Article 1 for the purposes of the Treaty shall have the same meaning for the purposes of these Regulations.
108. (1)) [Names]
109. (2)) [Addresses]
110. (3)) [Other Means of Identification] Any Contracting Party may require that a communication to the Office indicate the number or other means of identification, if any, with which the applicant, holder, representative or interested person is registered with its Office. No Contracting Party may refuse a communication on grounds of failure to comply with any such requirement, except for applications filed in electronic form.
111. (4)) [Script to Be Used] Any Contracting Party may require that any indication referred to in paragraphs (1) to (3) be in the script used by the Office.
112. (1)) [Standard Characters] Where the Office of a Contracting Party uses characters (letters and numbers) that it considers as being standard, and where the application contains a statement to the effect that the applicant wishes that the mark be registered and published in the standard characters used by the Office, the Office shall register and publish that mark in such standard characters.
113. (2)) [Mark Claiming Color] Where the application contains a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, the Office may require that the application indicate the name or code 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.
114. (3)) [Number of Reproductions]
115. (4)) [Three-Dimensional Mark]
116. (5)) [Hologram Mark, Motion Mark, Color Mark, Position Mark] Where the application contains a statement to the effect that the mark is a hologram mark, a motion mark, a color mark or a position mark, a Contracting Party may require one or more reproductions of the mark and details concerning the mark, as prescribed by the law of that Contracting Party.
117. (6)) [Mark Consisting of a Non-Visible Sign] Where the application contains a statement to the effect that the mark consists of a non-visible sign, a Contracting Party may require one or more representations of the mark, an indication of the type of mark and details concerning the mark, as prescribed by the law of that Contracting Party.
118. (7)) [Transliteration of the Mark] For the purposes of Article 3(1)(a)(xiii), where the mark consists of or contains matter in script other than the script used by the Office or numbers expressed in numerals other than numerals used by the Office, a transliteration of such matter in the script and numerals used by the Office may be required.
119. (8)) [Translation of the Mark] For the purposes of Article 3(1)(a)(xiv), where the mark consists of or contains a word or words in a language other than the language, or one of the languages, admitted by the Office, a translation of that word or those words into that language or one of those languages may be required.
120. (9)) [Time Limit for Furnishing Evidence of Actual Use of the Mark] The time limit referred to in Article 3(3) shall not be shorter than six months counted from the date of allowance of the application by the Office of the Contracting Party where that application was filed. The applicant or holder shall have the right to an extension of that time limit, subject to the conditions provided for by the law of that Contracting Party, by periods of at least six months each, up to a total extension of at least two years and a half.
121. (1)) [Address Where a Representative Is Appointed] Where a representative is appointed, a Contracting Party shall consider the address of that representative to be the address for service.
122. (2)) [Address Where No Representative Is Appointed] Where no representative is appointed and an applicant, holder or other interested person has provided as its address an address on the territory of the Contracting Party, that Contracting Party shall consider that address to be the address for service.
123. (3)) [Time Limit] The time limit referred to in Article 4(3)(d) shall be counted from the date of receipt of the communication referred to in that Article by the Office of the Contracting Party concerned and shall not be less than one month where the address of the person on whose behalf the communication is made is on the territory of that Contracting Party and not less than two months where such an address is outside the territory of that Contracting Party.
124. (1)) [Procedure in Case of Non-Compliance with Requirements] If the application does not, at the time of its receipt by the Office, comply with any of the applicable requirements of Article 5(1)(a) or (2)(a), the Office shall promptly invite the applicant to comply with such requirements within a time limit indicated in the invitation, which time limit shall be at least one month from the date of the invitation where the applicant's address is on the territory of the Contracting Party concerned and at least two months where the applicant's address is outside the territory of the Contracting Party concerned. Compliance with the invitation may be subject to the payment of a special fee. Even if the Office fails to send the said invitation, the said requirements remain unaffected.
125. (2)) [Filing Date in Case of Correction] If, within the time limit indicated in the invitation, the applicant complies with the invitation referred to in paragraph (1) and pays any required special fee, the filing date shall be the date on which all the required indications and elements referred to in Article 5(1)(a) have been received by the Office and, where applicable, the required fees referred to in Article 5(2)(a) have been paid to the Office. Otherwise, the application shall be treated as if it had not been filed.
126. (1)) [Indications Accompanying Signature of Communications on Paper] Any Contracting Party may require that the signature of the natural person who signs be accompanied by
127. (2)) [Date of Signing] Any Contracting Party may require that a signature be accompanied by an indication of the date on which the signing was effected. Where that indication is required but is not supplied, the date on which the signing is deemed to have been effected shall be the date on which the communication bearing the signature was received by the Office or, if the Contracting Party so allows, a date earlier than the latter date.
128. (3)) [Signature of Communications on Paper] Where a communication to the Office of a Contracting Party is on paper and a signature is required, that Contracting Party
129. (4)) [Signature of Communications on Paper Filed by Electronic Means of Transmittal] A Contracting Party that provides for communications on paper to be filed by electronic means of transmittal shall consider any such communication signed if a graphic representation of a signature accepted by that Contracting Party under paragraph (3) appears on the communication as received.
130. (5)) [Original of a Communication on Paper Filed by Electronic Means of Transmittal] A Contracting Party that provides for communications on paper to be filed by electronic means of transmittal may require that the original of any such communication be filed
131. (6)) [Authentication of Communications in Electronic Form] A Contracting Party that permits the filing of communications in electronic form may require that any such communication be authenticated through a system of electronic authentication as prescribed by that Contracting Party.
132. (7)) [Date of Receipt] Each Contracting Party shall be free to determine the circumstances in which the receipt of a document or the payment of a fee shall be deemed to constitute receipt by or payment to the Office in cases in which the document was actually received by or payment was actually made to
133. (8)) [Electronic Filing] Subject to paragraph (7), where a Contracting Party provides for the filing of a communication in electronic form or by electronic means of transmittal and the communication is so filed, the date on which the Office of that Contracting Party receives the communication in such form or by such means shall constitute the date of receipt of the communication.
134. (1)) [Manner of Identification] Where it is required that an application be identified by its application number but where such a number has not yet been issued or is not known to the applicant or its representative, that application shall be considered identified if the following is supplied:
135. (2)) [Prohibition of Other Requirements] No Contracting Party may demand that requirements other than those referred to in paragraph (1) be complied with in order for an application to be identified where its application number has not yet been issued or is not known to the applicant or its representative.
136. (1)) [Requirements Concerning Extension of Time Limits Under Article 14(2)(i)] A Contracting Party that provides for the extension of a time limit under Article 14(2)(i) shall extend the time limit for a reasonable period of time from the date of filing the request for extension and may require that the request
137. (2)) [Requirements Concerning Continued Processing Under Article 14(2)(ii)] A Contracting Party may require that the request for continued processing under Article 14(2)(ii)
138. (3)) [Requirements Concerning Reinstatement of Rights Under Article 14(2)(iii)]
139. (4)) [Exceptions Under Article 14(3)] The exceptions referred to in Article 14(3) are the cases of failure to comply with a time limit
140. (1)) [Content of Request]
141. (2)) [Supporting Documents for Recordal of a License]
142. (3)) [Supporting Documents for Amendment of Recordal of a License]
143. (4)) [Supporting Documents for Cancellation of Recordal of a License] A Contracting Party may require that the request for cancellation of the recordal of a license be accompanied, at the option of the requesting party, by one of the following: