On the ratification of the Singapore Trademark Law Treaty

Law of the Republic of Kazakhstan dated April 8, 2012 No. 10-V

     To ratify the Singapore Trademark Law Treaty, adopted in Singapore on March 27, 2006.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  content

     Singapore Trademark Law Treaty

     Instructions to the Singapore Trademark Law Treaty

     Resolution of the Diplomatic Conference Supplementary to the Singapore Trademark Law Treaty and its Instructions

  Singapore Trademark Law Treaty

Instructions to the Singapore Trademark Law Treaty

and

Resolution of the Diplomatic Conference Supplementary to the Singapore Trademark Law Treaty and its Instructions

Adopted by the Diplomatic Conference on March 27, 2006.

  List of articles

     Article 1: Abbreviated expressions       Article 2: Marks to which the Contract applies       Article 3: Application       Article 4: Representation; Address for business correspondence       Article 5: Filing date       Article 6: One registration for goods and/or services belonging to several classes       Article 7: Separation of application and registration       Article 8: Communications       Article 9: Classification of goods and/or services       Article 10: Change of names or addresses       Article 11: Change of ownership       Article 12: Correction of an error       Article 13: The period of validity of registration and its extension       Article 14: Relief in case of non-compliance with deadlines       Article 15: Obligation to comply with the Paris Convention       Article 16: Service marks       Article 17: Application for license registration       Article 18: Application for modification or cancellation of license registration       Article 19: Consequences of not registering a license       Article 20: Indication of license availability       Article 21: Remarks in case of alleged refusal       Article 22: Instructions       Article 23: The Assembly       Article 24: International Bureau       Article 25: Revision and amendment       Article 26: Participation in the Contract       Article 27: Application of TLT 1994 and this Treaty       Article 28: Entry into force; Effective date of ratifications and accessions       Article 29: Reservations       Article 30: Denunciation of the Treaty       Article 31: Languages of the Agreement; Signing       Article 32: The Depositary

  Article 1 Abbreviated expressions

     For the purposes of this Treaty and in the absence of special reservations: (i) "Office" means the agency to which the Contracting Party has entrusted the registration of marks; (ii) "registration" means the registration of the mark by the Office; (iii) "application" means an application for registration; (iv) "communication" means any application or any declaration, petition, correspondence or other information related to the application or registration that is submitted to the Office; (v) references to a "person" are understood as references to both an individual and a legal entity;       (vi) "owner" means the person who is listed in the register of marks as the owner of the registration; (vii) "register of marks" means the totality of data generated by the Office. The Registry includes the contents of all registrations and all data entered therein in respect of all registrations, regardless of the medium on which they are stored; (viii) "Office procedure" means any Office record-keeping procedure with respect to an application or registration;       (ix) "Paris Convention" means the Paris Convention for the Protection of Industrial Property, signed in Paris on March 20, 1883, as revised and amended; (x) "Nice Classification" means the classification established by the Nice Agreement on the International Classification of Goods and Services for the Registration of Marks, signed in Nice on June 15, 1957, subject to revisions and amendments; (xi) "license" means a license to use the mark in accordance with the legislation of a Contracting Party; (xii) "licensee" means the person to whom the license was issued;       (xiii) "Contracting Party" means any State or intergovernmental organization party to this Treaty; (xiv) "Diplomatic Conference" means the convening of the Contracting Parties for the purpose of reviewing or amending the Treaty; (xv) "Assembly" means the Assembly referred to in Article 23; (xvi) references to the "instrument of ratification" are understood to include references to the instrument of acceptance and approval; (xvii) "Organization" means the World Intellectual Property Organization;       (xviii) "International Bureau" means the International Bureau of the Organization; (xix) "Director General" means the Director General of the Organization; (xx) "Instruction" means the Instruction to this Treaty, which is referred to in Article 22; (xxi) references to the "Article" or to the paragraph or sub-paragraph of the Article are understood as including references to the relevant rule (a) of the Instruction; (xxii) "TLT 1994" means The Trademark Law Treaty, signed in Geneva on October 27, 1994

  Article 2 Marks to which the Agreement applies

     (1) [Nature of marks] Any Contracting Party shall apply this Treaty to marks consisting of designations which, in accordance with its legislation, may be registered as marks.       (2) [Categories of marks] (a) This Agreement applies to marks related to goods (trademarks) or services (service marks), or to goods and services.       (b) This Agreement does not apply to collective, certification and warranty marks.

  Article 3 The application

(1) [Indications or elements contained in or accompanying the application; Fees] (a) Any Contracting Party may require that the application contain all or some of the following indications or elements:       (i) the application for registration; (ii) the name and address of the applicant; (iii) the name of the State of which the applicant is a national, if he is a national of any State; the name of the State in which he has his place of residence, if any; the name of the State in whose territory the applicant has a valid and fictitious industrial or commercial enterprise, if any; (iv) the organizational and legal nature of the legal entity and the name of the State, and, if necessary, the territorial unit within such State, in accordance with the legislation of which the said person is established, if the applicant is a legal entity; (v) the name and address of a representative, if the applicant has one; (vi) an address for business correspondence, if required by Article 4(2)(b).;       (vii) a declaration claiming priority over a previously filed application, together with the indications and evidence in support of such a declaration of priority as may be required under Article 4 of the Paris Convention, if the applicant wishes to exercise the right of such priority;       (viii) a statement requesting protection resulting from the display of goods and/or services at an exhibition, together with instructions in support of such a statement, which are required by the legislation of a Contracting Party, if the applicant wishes to take advantage of such protection; (ix) at least one presentation of the mark, as prescribed (x) where applicable, a statement, as prescribed by the Instructions, indicating the type of mark, as well as the special requirements for this type of mark;       (xi) where applicable, a statement as prescribed in the Regulations stating that the applicant wishes the mark to be registered and published using the standard symbols used by the Office; (xii) where applicable, a statement as prescribed in the Regulations stating that the applicant wishes to request protection of the color as a distinctive element (xiii) transliteration of the sign or certain parts thereof; (xiv) translation of the sign or certain parts thereof;       (xv) the names of the goods and/or services for which registration of the mark is requested, grouped according to the classes of the Nice Classification, each group must be preceded by the class number of that Classification to which the group of goods or services belongs, and the groups must be presented in the order of classes specified in the Classification; (xvi) the statement the intention to use the mark in accordance with the requirements of the legislation of the Contracting Party.       (b) Instead of, or in addition to, the declaration of intent to use the mark referred to in subparagraph (a) (xvi), the applicant may submit an application for the actual use of the mark and provide evidence of this in accordance with the requirements of the legislation of the Contracting Party.       (c) Any Contracting Party may require that fees be paid to its Office in connection with the application.       (2) [One application for goods and/or services belonging to several classes] The same application may relate to several goods and/or services, regardless of their belonging to one or more classes of the Nice Classification.       (3) [Actual usage] If the declaration of intent to use the mark is filed in accordance with paragraph (l) (a) (xvi), any Contracting Party may require that the applicant, within the time limit established by national legislation and subject to the minimum time prescribed by the Regulations, provide its Office with evidence of the actual use of the mark in accordance with the requirements of the said legislation..       (4) [Prohibition to require fulfillment of other conditions] No Contracting Party may require the application to comply with conditions other than those specified in paragraphs (1) and (3) and in Article 8. In particular, the following conditions may not be required for an application during the entire period of its consideration::       (i) the presentation of any certificate or extract from the commercial register; (ii) an indication that the applicant is engaged in industrial or commercial activities, as well as the presentation of relevant evidence;       (iii) an indication that the applicant is carrying out activities corresponding to the goods and/or services listed in the application, as well as providing appropriate evidence; (iv) providing evidence that the mark is registered in the register of marks of another Contracting Party or a State Party to the Paris Convention that is not a Contracting Party, except in those cases when the applicant requests the application of article 6 quinquies of the Paris Convention.        (5) [Evidence] Any Contracting Party may require the submission of evidence to its Office during the examination of an application if the Office has reasonable doubts about the reliability of any indication or element contained in the application.

  Article 4 Representation; Address for business correspondence

     (1) [Representatives admitted to practice] (a) Any Contracting Party may require that a representative appointed for the purposes of any procedure at the Office:       (i) was authorized by applicable law to conduct business with the Office in respect of applications and registrations and, where applicable, was admitted to practice with the Office; (ii) provided as his address an address in the territory prescribed by the Contracting Party.       (b) An action in respect of any procedure carried out at the Office by a representative or in relation to a representative who complies with the requirements applied by a Contracting Party under subparagraph (a) has the effect of an action carried out by the applicant, owner or other interested person, or carried out in relation to the above-mentioned persons who appointed that representative.       (2) [Mandatory representation; Business Correspondence address] (a) Any Contracting Party may require, for the purposes of any procedure before the Office, that an applicant, owner or other interested person who does not reside or have a valid and fictitious industrial or commercial establishment in its territory be represented by a representative.       (b) Any Contracting Party that does not require representation within the meaning of subparagraph (a) may require that an applicant, owner or other interested person who does not reside or have a valid and fictitious industrial or commercial establishment in its territory have an address in that territory for the purposes of any procedure applied by its Office. for business correspondence.       (3) [Power of Attorney] (a) In cases where a Contracting Party authorizes or requires that the applicant, owner or any other interested person be represented by a representative in its Office, it may require that such representative be appointed in a separate communication (hereinafter referred to as the power of attorney) indicating, as appropriate, the name of the applicant, owner, or other person.       (b) The power of attorney may relate to one or more applications and/or registrations specified therein, or, subject to any exception specified by the person appointing the representative, to all existing and future applications and/or registrations of that person.       (c) A power of attorney may limit the powers of a representative to certain legal actions. Any Contracting Party may require that the power of attorney, according to which the representative has the right to withdraw the application or refuse to register the mark, clearly specify this.       (d) If a communication is transmitted to the Office by a person named therein as a representative, but at the time of receipt of such communication the Office does not have the necessary power of attorney, the Contracting Party may require that such power of attorney be submitted to its Office within the time limit set by the Contracting Party and subject to the minimum time limit prescribed in the Regulations. If the power of attorney has not been submitted to the Office within the time limit set by the Contracting Party, the Contracting Party may provide that the communication of the said person is invalid.       (4) [Reference to power of attorney] Any Contracting Party may require that any communication made by a representative to its Office for the purposes of the procedure applied by that Office contain a reference to the power of attorney on the basis of which the representative performs his actions.       (5) [Prohibition to require fulfillment of other conditions] No Contracting Party may require that conditions other than those provided for in paragraphs (3) and (4) and Article 8 be fulfilled with respect to matters dealt with in those paragraphs.       (6) [Evidence] Any Contracting Party may require the submission of evidence to its Office if the Office has reasonable doubts about the reliability of any indication contained in any of the communications referred to in paragraphs (3) and (4).

  Article 5 Date of filing

(1) [Permissible requirements] (a) Subject to subparagraph (b) and paragraph (2), a Contracting Party shall specify as the filing date the date on which its Office receives the following indications and elements in the language prescribed in Article 8(2):       (i) an explicit or implied indication that registration of the mark is being sought; (ii) indications allowing identification of the applicant; (iii) indications allowing the Office to contact the applicant or his representative, if any; (iv) a sufficiently clear representation of the mark sought in the application;       (v) the list of goods and/or services for which registration is sought; (vi) if Article 3(l)(a)(xvi) or (b) applies, the declaration referred to in Article 3(1)(a)(xvi) or the declaration and evidence referred to in Article 3(1)(b), in accordance with the requirements of the legislation of the Contracting Party.       (b) Any Contracting Party may set as the filing date the date on which its Office receives, not all, but only some of the indications and elements referred to in subparagraph (a), or receives them in a language other than that prescribed in Article 8(2).       (2) [Permissible additional requirements] (a) A Contracting Party may provide that the filing date will not be fixed until the prescribed fees have been paid.       (b) A Contracting Party may apply the requirement referred to in subparagraph (a) only if it applies such requirement on the date when it becomes a Party to this Treaty.       (3) [Corrections and deadlines] The conditions and deadlines for making corrections in accordance with paragraphs (1) and (2) are established by the Instructions.       (4) [Prohibition to require fulfillment of other conditions] No Contracting Party may require that conditions other than those referred to in paragraphs (1) and (2) be fulfilled with respect to the filing date.

  Article 6 One registration for goods and/or services belonging to several classes

     If goods and/or services belonging to several classes of the Nice Classification are included in the same application, then one registration is carried out for this application.

  Article 7 Separation of application and registration

     (1) [Division of the application] (a) Any application listing several goods and/or services (hereinafter referred to as the initial application):       (i) at least until the decision on registration of the mark is taken by the Office, (ii) during any procedure related to the consideration of an objection to the decision of the Office to register the mark, (iii) during any procedure related to the appeal of the decision on registration of the mark, may be divided by the applicant or at his request into two or several applications (more - allocated applications) by distributing among such applications the goods and/or services listed in the original application. Highlighted applications retain the filing date of the original application and its priority, if any.       (b) Subject to subparagraph (a), any Contracting Party is free to establish requirements for the division of the application, including the payment of fees.       (2) [Separation of registration] Subject to the relevant amendments, paragraph (1) applies to the separation of registration. Such separation is allowed:       (i) during any procedure before the Office related to the requirement of third parties to invalidate the registration, (ii) during any procedure in connection with the appeal of a decision taken by the Office during the previous procedure,

provided that a Contracting Party may not provide for the possibility of separation of registration if its legislation allows third parties to object to the registration of a mark prior to its registration.

  Article 8 Communications

     (1) [Means of transmission and form of messages] Any Contracting Party may choose the means of transmitting messages, as well as the form in which it accepts such messages - on paper, in electronic or other form.       (2) [Language of communications] (a) Any Contracting Party may require that any communication be written in a language accepted by its Office. If an Office allows more than one language, the applicant, owner or other interested person may be required to comply with any other language requirement applicable to the Office, provided that the mark or element of the message may not be required to be presented in more than one language.       (b) No Contracting Party may require the attestation, notarization, authentication, legalization or other certification of any translation of a communication other than that provided for in this Treaty.       (c) If a Contracting Party does not require that a communication be submitted in a language accepted by its Office, it may require that a translation of such communication, performed either by an official translator or by a representative into a language accepted by the Office, be submitted within a reasonable time.       (3) [Signature of paper communications] (a) Any Contracting Party may require that the paper communication be signed by the applicant, owner or other interested person. If a Contracting Party requires a signature on the communication, that Contracting Party accepts any signature that meets the requirements prescribed in the Regulations.       (b) No Contracting Party may require the attestation, notarization, authentication, legalization or other certification of any signature, except in cases where the legislation of a Contracting Party provides for the certification of a signature in connection with the refusal of registration.       (c) Notwithstanding subparagraph (b), a Contracting Party may require that evidence be submitted to the Office only if the Office has reason to doubt the authenticity of any signature in a paper communication. (4) [Communications submitted electronically or by electronic means of transmission] If the Contracting Party authorizes to transmit messages to the Office in electronic form or by electronic means of transmission, it may require that any such messages comply with the requirements prescribed in the Regulations.       (5) [Message Presentation] Any Contracting Party accepts the submission of a communication, the content of which corresponds to a similar Standard International Form, if any, provided for by The instructions.       (6) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, with respect to paragraphs (1) to (5), the fulfillment of conditions other than those specified in this Article.       (7) [Means of communication with a representative] Nothing in this Article regulates the means of communication between the applicant, the owner or another interested person and his representative.

  Article 9 Classification of goods and/or services

       (1) [Indications of goods and/or services] Each registration and any publication carried out by the Office in relation to an application or registration and containing an indication of goods and/or services, indicates the name of these goods and/or services, grouped according to the classes of the Nice Classification and in the order of the classes of the specified Classification, each group is preceded by the class number of this classification, to which this group of goods or services belongs, and the groups are presented in the order of the classes of the specified Classification.       (2) [Goods or services belonging to the same class or to different classes] (a) Goods or services cannot be considered similar on the grounds that in any registration or publication carried out by the Office they appear in the same class of the Nice Classification.       (b) Goods or services cannot be considered dissimilar to each other on the grounds that in any registration or publication carried out by the Office they appear in different classes of the Nice Classification.

  Article 10 Change of names or addresses

(1) [Change of the owner's name or address] (a) If the owner of the registration remains the same, but his name and/or address have changed, each Contracting Party shall recognize the application for the Office to make such a change in its register of marks, made in a communication indicating the number of the relevant registration and the change to be entered in the register.(b) Any Contracting Party may require that the application specify:       (i) the name and address of the owner; (ii) the name and address of a representative, if the registrant has one;       (iii) an address for business correspondence, if the registrant has one.       (c) Any Contracting Party may require that a fee be paid to its Office in connection with the application.       (d) Even if the change concerns several registrations, one application is sufficient, provided that it contains the numbers of all relevant registrations.       (2) [Change of the applicant's name or address] Subject to the relevant amendments, paragraph (1) should apply in cases where the amendment concerns an application or applications, or an application or applications and registrations or registrations, provided that if any of the relevant applications has not yet been assigned a number or such number is not known to the applicant or his representative, the application nevertheless, identifies such an application as prescribed by the Instructions.       (3) [Changing the name or address of the representative or the address for business correspondence] Subject to the relevant amendments, paragraph (1) applies to any change in the name or address of the representative, if any, and to any change related to the address for business correspondence, if any.       (4) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of a declaration referred to in this article, that conditions other than those referred to in paragraphs (1) to (3) and in Article 8 be fulfilled. In particular, the submission of any document confirming such a change may not be required.       (5) [Evidence] Any Contracting Party may require the submission of evidence to its Office if the Office has reasonable doubts about the reliability of any indication contained in the application.

  Article 11 Change of ownership

     (1) [Change of the Registration Holder] (a) In the event of a change in the registration holder, each Contracting Party shall recognize the application for the Office to make such a change in its register of marks, made in a communication by the former registration holder or the person who became the registration holder (hereinafter referred to as the new owner), indicating the number of the relevant registration and the change that it must be entered in the registry.       (b) If the change of ownership is the result of the conclusion of a contract, any Contracting Party may require that this be indicated in a declaration, to which, at the option of the requesting Party, one of the following documents is attached:       (i) a copy of the contract, and it may be required that the correspondence of this copy to the original contract be certified by a notary public or any other competent government authority;       (ii) an extract from the contract reflecting the change in the owner of the registration, and it may be required that the accuracy of this extract be certified by a notary public or any other competent government authority; (iii) an unverified certificate of transfer of the right to the mark, drawn up in accordance with the form and content prescribed by the Instructions, and signed by the former and the new (iv) an unverified document on the transfer of the right to the mark, drawn up in accordance with the form and content prescribed by the Instructions, and signed by the former and new owners.       (c) If the change of ownership is the result of a merger, any Contracting Party may require that this be indicated in a statement accompanied by a copy of a document drawn up by the competent authority and proving such a merger, for example, a copy of an extract from the commercial register, and it may be required that the correspondence of this copy to the original document be certified by the authority the person who issued this document, or a notary public, or any other competent government agency.       (d) In the event of a change in one or more, but not all, co-owners as a result of a contract or merger, any Contracting Party may require that any co-owner who is not subject to the change express explicit consent to the change in ownership in a signed document.       (e) If the change of ownership is not the result of a contract or merger, but is caused by other reasons, such as the application of law or a court decision, any Contracting Party may require that this be indicated in a statement accompanied by a copy of the document proving such a change, and it may be required that the compliance of this copy The original document has been certified by the authority that issued the document, a notary public or any other competent government agency.       (f) Any Contracting Party may require that the application specify:       (i) the name and address of the former owner; (ii) the name and address of the new owner; (iii) the name of the State of which the new owner is a national, if he is a national of any State; the name of the State in which the new owner has his place of residence, if any; the name of the State in which the new owner the owner has a valid and non-fictitious industrial or commercial enterprise, if any.;       (iv) the organizational and legal nature of the legal entity and the name of the State, if the new owner is a legal entity, and, if necessary, a territorial unit within such a State, in accordance with the legislation of which the specified legal entity was established; (v) the name and address of the representative, if the former owner has one; (vi) the address for business correspondence, if the former owner has one; (vii) the name and address of the representative, if the new owner has one;       (viii) the address of the new owner for business correspondence, if required by Article 4(2)(b).       (g) Any Contracting Party may require that a fee be paid to its Office in connection with the application.       (h) Even if the change of ownership concerns several registrations, one application is sufficient, provided that the former and new owners are the same persons for each registration and that the application contains the numbers of these registrations.       (i) If the change of ownership does not relate to all the goods and/or services listed in the registration of the former owner, and the applicable law permits the registration of such a change, the Office shall make a separate registration relating to the goods and/or services in respect of which the change of ownership took place.        (2) [Change of the owner of the application] Subject to appropriate modifications, paragraph (1) applies in cases where the change of ownership concerns an application or applications, or an application or applications and registrations or registrations, provided that if any of the relevant applications has not yet been assigned a number or such number is not known to the applicant or his representative, the application nevertheless, the application is identified as prescribed by the Instructions.       (3) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of a declaration referred to in this Article, that conditions other than those specified in paragraphs (1) and (2) and in Article 8 be fulfilled. In particular, the following conditions may not be required::       (i) the presentation of any document or extract from the commercial register, subject to the provisions of paragraph (1) (c); (ii) an indication that the new owner is engaged in industrial or commercial activities, as well as the presentation of relevant evidence;       (iii) an indication that the new owner is carrying out activities related to the goods and/or services covered by the change of ownership, as well as providing relevant evidence; (iv) an indication that the former owner has transferred all or part of his business or intangible assets to the new owner, as well as providing relevant evidence.       (4) [Evidence] Any Contracting Party may require that its Office be provided with evidence or, in cases covered by paragraph (1) (c) or (e), additional evidence, if the Office has reasonable doubts about the reliability of any indication contained in the application or in any document referred to in this Article.

  Article 12 Correction of an error

(1) [Correction of an error concerning registration] (a) Each Contracting Party recognizes the statement of correction of an error made in an application or other application submitted to its Office and reflected in the register of marks and/or any publication of its Office contained in a communication made by the registrant, indicating the registration number, errors to be corrected and corrections to be entered in the register. (b) Any Contracting Party may require that the application specify:       (i) the name and address of the owner;       (ii) the name and address of the representative, if the owner has one; (iii) the address for business correspondence, if the owner has one.       (c) Any Contracting Party may require that a fee be paid to its Office in connection with the application.       (d) Even if the correction relates to several registrations of the same person, one application is sufficient, provided that the error and the required correction are the same for each registration and that the application contains the numbers of all these registrations.       (2) [Correction of an error concerning the application] Mutatis mutandis, paragraph (1) applies in cases where the error concerns an application or applications, or an application or applications and registrations or registrations, provided that if any of the relevant applications has not yet been assigned a number or such number is not known to the applicant or his representative, the application nevertheless, the application is identified as prescribed by the Instructions.       (3) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of a declaration referred to in this Article, that conditions other than those referred to in paragraphs (1) and (2) and in Article 8 be fulfilled. (4) [Evidence] Any Contracting Party may require that evidence be provided to its Office if the Office has reasonable doubts as to whether the alleged error is indeed an error.       (5) [Agency Errors] The Office of a Contracting Party corrects its mistakes on duty or upon request without paying any fee.       (6) [Uncorrectable errors] No Contracting Party is obligated to apply the provisions of paragraphs (1), (2) and (5) to any error that cannot be corrected in accordance with its legislation.

  Article 13 The period of validity of registration and its extension

     (1) [Indications or elements contained in or accompanying an application for renewal of registration; Fees] (a) Any Contracting Party may require that an extension of registration be carried out on condition that the application is submitted and that such application contains all or some of the following indications:       (i) the request for renewal of registration; (ii) the name and address of the registrant; (iii) the registration number;       (iv) the date of filing of the application, as a result of which the relevant registration was carried out, or the date of the relevant registration, at the option of the Contracting Party; (v) the name and address of the representative, if the owner has one; (vi) the address for business correspondence, if the owner has one;       (vii) names of goods and/or services entered in the register for which an extension of registration is requested, or names of goods and/or services entered in the register for which an extension of registration is not requested, grouped by Nice Classification classes, each group being preceded by the class number of that Classification to which the group belongs goods or services, and groups should be presented in the order of the classes of the specified Classification., - if a Contracting Party authorizes the renewal of registration only in respect of certain goods and/or services entered in the register of marks, and such renewal is requested; (viii) the name and address of a person other than the owner or his representative, if the Contracting Party authorizes the application for renewal of registration to be filed by such person.       (b) Any Contracting Party may require that a fee be paid to its Office in connection with an application for renewal of registration. After payment of the fee for the initial registration period or for any period of renewal of registration, no other payment may be required to maintain registration during such period. For the purposes of this subparagraph, fees in connection with the submission of an application and/or evidence regarding the use of the mark are not considered as payment for maintaining registration, and they are not subject to the provisions of this subparagraph.       (c) Any Contracting Party may require that an application for renewal of registration be submitted and that the relevant fee referred to in subparagraph (b) be paid to the Office within the time limit prescribed by the legislation of the Contracting Party, subject to the minimum time limits prescribed in the Regulations.        (2) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of an application for renewal of registration, the fulfillment of conditions other than those specified in paragraph (1) and in Article 8. In particular, the following conditions may not be required::       (i) any presentation or other identification of the mark; (ii) presentation of evidence that the mark has been registered or that the registration of the mark has been extended in any other register of marks; (iii) presentation of a statement and/or evidence regarding the use of the mark.       (3) [Evidence] Any Contracting Party may, during the examination of an application for renewal of registration, require the submission of evidence to its Office if the Office has reasonable doubts about the reliability of any indication or element contained in the application for renewal of registration.       (4) [Prohibition to conduct substantive examination] No Office of a Contracting Party may conduct a substantive examination of the registration for the purpose of its renewal.       (5) [Registration period] The validity period of the initial registration is ten years and can be extended for subsequent ten-year periods.

  Article 14 Relief in case of non-compliance with deadlines

     (1) [Relief before expiration] A Contracting Party may provide for an extension of the time limit for performing an action during the procedure at the Office in respect of an application or registration, if the application for an extension is received by the Office before the expiration of the time limit.       (2) [Post-expiration relief] If the applicant, owner or other interested person has failed to meet the deadline (hereinafter referred to as the relevant deadline) for performing an action during the procedure at the Office of a Contracting Party in respect of an application or registration, the Contracting Party should provide for one or more of the following exemptions in accordance with the requirements prescribed by the Regulations, if an application for extension is submitted to the Office:       (i) the extension of the relevant period for the period of time prescribed by the Regulations;       (ii) continuation of the procedure with respect to the application or registration; (iii) restoration of the rights of the applicant, owner or other interested person with respect to the application or registration, if the Office considers that such non-compliance occurred despite the adoption of appropriate measures or, at the option of the Contracting Party, such delay was unintentional.       (3) [Exceptions] No Contracting Party is required to provide for any of the exemptions referred to in paragraph (2) with respect to the exceptions prescribed in the Regulations.       (4) [Fees] Any Contracting Party may require payment of a fee in respect of any relief specified in paragraphs (1) and (2).       (5) [Prohibition to require fulfillment of other conditions] No Contracting Party may require, in respect of any of the exemptions referred to in paragraph (2), the fulfillment of conditions other than those referred to in this Article and in Article 8.

  Article 15 Obligation to comply with the Paris Convention

     Any Contracting Party undertakes to comply with the provisions of the Paris Convention in relation to marks.

  Article 16 Service marks

     Any Contracting Party shall register service marks and apply to such marks the relevant provisions of the Paris Convention on trademarks.

  Article 17 Application for license registration

(1) [Requirements for an application for registration of a license] If the legislation of a Contracting Party provides for registration of a license with an Office, that Contracting Party may require that the application for registration:       (i) was submitted in accordance with the requirements prescribed by the Regulations, and (ii) was accompanied by supporting documents prescribed by the Regulations.       (2) [Fees] Any Contracting Party may require payment of fees to its Office in respect of license registration.       (3) [One application relating to multiple registrations] One application is sufficient, even if the license relates to multiple registrations, provided that the application contains the registration numbers of all relevant registrations, that the owner and licensee are the same for all registrations, and that the application specifies the scope of the license in accordance with the Instructions for all registrations.       (4) [Prohibition to require other conditions to be fulfilled] (a) No Contracting Party may require that conditions other than those referred to in paragraphs (1) to (3) and in Article 8 be fulfilled with respect to the registration of a license by the Office. In particular, it may not be required:       (i) presentation of the certificate of registration of the mark that is the subject of the license; (ii) presentation of the license agreement or its translation; (iii) indication of the financial terms of the license agreement.       (b) Subparagraph (a) is without prejudice to any obligations existing under the legislation of a Contracting Party with respect to disclosure of information for purposes other than registration of a license in the register of marks.       (5) [Evidence] Any Contracting Party may require that evidence be submitted to its Office if the Office has reasonable doubts about any indication contained in the application or in any document specified in the Instructions.       (6) [Applications in connection with applications] Subject to the relevant amendments, paragraphs (1) to (5) apply to applications for registration of an application license if the legislation of a Contracting Party provides for such registration.

  Article 18 Application for modification or cancellation of license registration

     (1) [Application requirements] If the legislation of a Contracting Party provides for the registration of a license by an Office, the Contracting Party may require that the application for modification or cancellation of the license registration:       (i) was submitted in accordance with the requirements prescribed by the Regulations, and (ii) was accompanied by supporting documents prescribed by the Regulations.       (2) [Other requirements] Subject to the relevant amendments, Article 17(2)-(6) applies to applications for modification or cancellation of license registration.

  Article 19 Consequences of not registering a license

     (1) [Validity of registration and protection of the mark] The absence of registration of a license by an Office or other authority of a Contracting Party does not affect the validity of registration of the mark that is the subject of the license or the protection of this mark.       (2) [Some of the licensee's rights] A Contracting Party may not require registration of a license as a condition for exercising any right that a licensee may have under the legislation of that Contracting Party to participate in legal proceedings initiated by the owner in connection with infringement of rights to a mark or to obtain through such procedures compensation for damages incurred as a result of infringement of rights to a mark that is the subject of this licenses.       (3) [Use of the mark in the absence of registration of a license] A Contracting Party may not require registration of a license as a condition for the licensee's use of a mark to be considered as use on behalf of the owner during procedures related to the acquisition, maintenance and protection of marks.

  Article 20 Indication of the availability of a license

     If the legislation of a Contracting Party requires that a mark be used under a license, total or partial non-compliance with this requirement does not affect the validity of the registration of the mark that is the subject of the license or the protection of this mark, and does not affect the application of Article 19(3).

  Article 21 Remarks in case of alleged refusal

     An application under Article 3 or an application under Articles 7, 10-14, 17 and 18 may not be rejected in whole or in part by the Office without giving the applicant or the requesting party an opportunity within a reasonable time to comment on the alleged refusal. In relation to Article 14 does not require any Office to provide an opportunity to comment if the person requesting relief has already had the opportunity to comment on the facts on which the decision should be based.

  Article 22 Instructions

     (1) [Contents] (a) The Instructions attached to this Treaty contain rules regarding: (i) matters that this Treaty specifically "prescribes in the Instructions"; (ii) any details useful for the application of the provisions of this Treaty; (iii) any administrative requirements, issues or procedures. (b) The Instruction also contains Standard International Forms. (2) [Amendment of the Instruction] Subject to paragraph (3), any amendment to the Regulations requires a three-quarters majority of the votes cast.       (3) [Requirement of unanimity] (a) The Regulations may define the provisions of the Regulations, which may be amended only by unanimous decision.       (b) Any amendment to the Regulations resulting in the addition or removal of provisions from the provisions defined in the Regulations pursuant to subparagraph (a) shall require a unanimous decision.       (c) In determining whether there is unanimity or not, only votes actually cast during the voting are taken into account. The votes of those who abstained are not taken into account.       (4) [Discrepancy between the Contract and the Instructions] In case of discrepancies between the provisions of this Agreement and the provisions of the Instructions, the provisions of the Agreement shall apply.

  Article 23 The Assembly

     (1) [Composition] (a) The Contracting Parties shall have an Assembly.       (b) Each Contracting Party is represented in the Assembly by one delegate, who may have alternates, advisers and experts. Each delegate may represent only one Contracting Party.       (2) [Tasks] Assembly:       (i) consider issues related to the development of this Treaty; (ii) amend the Regulations, including Standard International Forms; (iii) determine the conditions for the date of application of each amendment referred to in subparagraph (ii);       (iv) performs all other functions necessary to comply with the provisions of this Agreement.       (3) [Quorum] (a) Half of the members of the Assembly, who are States, shall constitute a quorum.       (b) Notwithstanding the provisions of subparagraph (a), if at any session the number of members of the Assembly represented at it who are States is less than half, but equal to and exceeds one third of the members of the Assembly who are States, the Assembly may take decisions, however, all decisions of the Assembly, with the exception of decisions relating to to its own rules of procedure, they become mandatory only if the following conditions are met. The International Bureau shall forward the said decisions to the members of the Assembly, who are States and were not represented at it, and invite them to inform in writing, within three months from the date of sending the decision, whether they vote in favour of these decisions or abstain from voting. If, at the end of this period, the number of these members who voted or abstained from voting reaches the number of members that did not reach the quorum at the session itself, such decisions shall take effect provided that the necessary majority remains at the same time.       (4) [Decision-making in the Assembly] (a) The Assembly strives to make its decisions by consensus.       (b) If it is impossible to make a decision based on consensus, the decision on the issue under discussion is taken by vote. In this case:       (i) each Contracting Party, which is a State, has one vote and votes only on its own behalf.; and (ii) any Contracting Party that is an intergovernmental organization may vote in place of its Member States with a number of votes equal to the number of its Member States that are parties to this Treaty. No such intergovernmental organization participates in voting if any of its Member States exercises its right to vote, and vice versa. In addition, no such intergovernmental organization shall participate in the voting if any of its member States, which is a party to this Treaty, is a member State of another such intergovernmental organization, and this intergovernmental organization participates in the voting.       (5) [Majority] (a) Subject to Articles 22 (2) and (3), the Assembly shall take its decisions by a two-thirds majority of the votes cast.       (b) In determining whether the required majority has been achieved or not, only votes actually cast during the voting are taken into account. The votes of those who abstained from voting are not taken into account.       (6) [Sessions] The Assembly shall meet in regular session 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 WIPO. (7) [Rules of Procedure] The Assembly shall adopt its own rules of procedure, including rules for convening extraordinary sessions.

Article 24 International Bureau

       (1) [Administrative functions] (a) The International Bureau shall perform administrative functions relating to this Treaty.       (b) In particular, the International Bureau prepares meetings and performs the functions of the secretariat of the Assembly and such committees of experts and working groups as may be established by the Assembly.       (2) [Meetings other than sessions of the Assembly] The Director-General shall convene meetings of any committee and working group established by the Assembly.       (3) [Role of the International Bureau in the Assembly and other meetings] (a) The Director-General and persons designated by the Director-General shall participate in all meetings of the Assembly, committees and working groups established by the Assembly, without the right to vote.       (b) The Director General or a staff member appointed by the Director General shall be the ex-officio Secretary of the Assembly, the Committees and the working groups referred to in subparagraph (a).       (4) [Conferences] (a) The International Bureau, in accordance with the instructions of the Assembly, shall carry out preparatory work for any review conference.       (b) The International Bureau may consult with the Member States of the Organization, intergovernmental and international and national non-governmental organizations on matters related to the said preparatory work.       (c) The Director General and the persons appointed by the Director General shall participate in the discussions at the review conference without the right to vote.       (5) [Other functions] The International Bureau shall perform any other functions assigned to it related to this Treaty.

  Article 25 Revision and amendment

     This Treaty may be subject to revision or amendment only at a diplomatic conference. The decision to convene any diplomatic conference is taken by the Assembly

  Article 26 Participation in the Agreement

     (1) [Right to participate in the Contract] The following subjects of international relations may sign the Treaty and, subject to paragraphs (2) and (3), as well as Articles 28 (1) and (3), become a party to it: (i) any Member State of the Organization in which the marks may be registered by its own Office;       (ii) any intergovernmental organization having an Office with which marks operating in the territory in which the treaty establishing that intergovernmental organization applies may be registered in each of its member States or in those of its Member States designated for such purpose in the relevant application, provided that all The member States of this intergovernmental organization are members of the Organization;       (iii) any Member State of the Organization in which marks may be registered only through the Office of another designated State that is a Member of the Organization; (iv) any Member State of the Organization in which marks may be registered only through the Office of an intergovernmental organization of which that State is a member; (v) any Member State of the Organization, in which marks can be registered only through the general Office of a group of Member States of the Organization.       (2) [Ratification or accession] Any subject of international relations referred to in paragraph (1) may deposit:        (i) the instrument of ratification, if he has signed this Treaty, (ii) the act of accession, if he has not signed this Treaty.       (3) [Date of deposit] The date of deposit of the instrument of ratification or accession is considered to be:       (i) the date of deposit of the relevant instrument of the State, in the case of the State referred to in paragraph (l) (i);       (ii) the date on which the relevant document of an intergovernmental organization is deposited, in the case of an intergovernmental organization; (iii) the date on which the following condition is fulfilled: the relevant documents of that State and the relevant documents of another designated State are deposited, in the case of the State referred to in paragraph (1) (iii); (iv) the date applicable in accordance with subparagraph (ii) above, in the case of the State referred to in paragraph (1) (iv);       (v) the date on which the documents of all member States of the group are deposited, in the case of a member State of the group of States referred to in paragraph 1 (v).

  Article 27 Application of TLT 1994 and this Treaty

     (1) [Relations between Contracting Parties that are simultaneously Parties to this Treaty and the TLT of 1994] Only this Treaty applies in relations between Contracting Parties that are simultaneously Parties to this Treaty and the TLT of 1994.       (2) [Relations between Contracting Parties that are Parties to this Treaty and Contracting Parties to the 1994 TLT that are not Parties to this Treaty] Any Contracting Party that is simultaneously a Party to this Treaty and the 1994 TLT shall continue to apply the 1994 TLT in relations with Contracting Parties to the 1994 TLT that are not are parties to this Agreement.

  Article 28 Entry into force; Effective date of ratifications and accessions

     (1) [Documents to be taken into account] For the purposes of this Article, only instruments of ratification or accession deposited by the subjects of international relations referred to in Article 26(1) and having a date of deposit in accordance with Article 26(3) shall be taken into account.       (2) [Entry into force of the Treaty] This Treaty shall enter into force three months after the ten States or intergovernmental organizations referred to in Article 26(1)(ii) have deposited their instruments of ratification or accession.       (3) [Entry into force of ratifications and accessions after the entry into force of this Treaty] In respect of any subject of international relations to which the provision of paragraph (2) does not apply, this Treaty shall enter into force three months after the date on which it deposited its instrument of ratification or accession.

  Article 29 Reservations

     (1) [Special categories of marks] Any State or intergovernmental organization may declare by way of reservation that, despite Article 2 (1) and 2 (a), it will not apply any provisions of the Articles 3(1), 5, 7, 8(5), 11 and 13 belong to such categories of signs as related, protective or derivative signs. Such a reservation shall specify those of the above-mentioned provisions to which such a reservation relates.       (2) [Registrations for several classes] Any State or intergovernmental organization whose legislation, at the date of adoption of this Treaty, provides for separate registration for several classes of goods and separate registration for several classes of services, may declare by way of reservation at the time of accession to this Treaty that the provisions of Article 6 do not apply.       (3) [Substantive examination in connection with the renewal of registration] Any State or intergovernmental organization may declare by way of reservation that, notwithstanding Article 13(4), the Office may, in connection with the first renewal of a registration covering services, conduct a substantive examination of such registration, provided that such examination is limited to eliminating multiple registrations based on applications submitted within a six-month period. the period after the entry into force of the legislation of such State or organization, which, prior to the entry into force of this Agreement, introduced the possibility of registering service marks.       (4) [Certain rights of the licensee] Any State or intergovernmental organization may declare by reservation that, notwithstanding Article 19(2), it requires registration of a license as a condition for granting the licensee, in accordance with the laws of that State or intergovernmental organization, any right to participate in or obtain through a violation of rights initiated by the owner. compensation for damage caused as a result of such violation of the right to the mark, which is the subject of the license.       (5) [Mandatory Conditions] Any reservation in accordance with the paragraphs (1), (2), (3) or (4) This is done in a declaration attached to the instrument of ratification or accession to this Treaty of the relevant State or intergovernmental organization making the reservation.       (6) [Withdrawal of reservations] Any reservation made in accordance with the paragraphs (1), (2), (3) or (4), can be withdrawn at any time.       (7) [Prohibition of making other reservations] With the exception of the cases provided for in paragraphs (1), (2), (3) and (4), no reservations to this Treaty are permitted.

  Article 30 Denunciation of the Treaty

     (1) [Notification] Any Contracting Party may denounce this Agreement by notification addressed to the Director General.       (2) [Effective date] The denunciation takes effect one year after the date of receipt of the notification by the Director General. The denunciation shall not affect the application of this Treaty to any pending application or to any mark registered with respect to the denouncing Contracting Party on the date of expiry of the specified period, provided that after the expiration of the specified period, the denouncing Contracting Party may terminate the application of this Treaty to any registration, starting from the date on which such registration is subject. the extension.

  Article 31 Languages of the Agreement; Signing

(1) [Original texts; Official Texts] (a) This Treaty is signed in a single copy in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being fully authentic.       (b) An official text in a language not mentioned in subparagraph (a) and which is one of the official languages of a Contracting Party shall be developed by the Director General after consultations with the said Contracting Party and with any other interested Contracting Party.       (2) [Deadline for signing] This Agreement is open for signature at the headquarters of the Organization within one year after its adoption.

  Article 32 The Depositary

     This Agreement shall be deposited with the Director General.

  Instructions to the Singapore Trademark Law Treaty

  List of rules

     Rule 1: Abbreviated expressions       Rule 2: The method of specifying names and addresses       Rule 3: Details regarding the application       Rule 4: Details regarding the representative office and the address for business correspondence       Rule 5: Details regarding the filing date       Rule 6: Details regarding communications       Rule 7: Method of identification of an application without its number       Rule 8: Details regarding the period of validity of registration and its renewal       Rule 9: Relief in case of non-compliance with deadlines       Rule 10: Requirements regarding the application for license registration or modification or cancellation of license registration

  Rule 1 Abbreviated expressions

     (1) [Abbreviated expressions, the definitions of which are contained in the Instructions] For the purposes of these Instructions, unless explicitly stated otherwise: (i) "Contract" means the Singapore Trademark Law Treaty; (ii) "Article" refers to a specific Article of the Contract; (iii) "Exclusive License" means a license that is granted to only one licensee and which excludes the possibility of using the mark by the owner and issuing licenses to any other persons;       (iv) "single license" means a license that is issued to only one licensee and which excludes the possibility of the licensor issuing licenses to any person, but does not exclude the possibility of the owner using the mark; (v) "non-exclusive license" means a license that does not exclude the owner from using the mark or issuing licenses to any other person.       (2) [Abbreviated expressions, the definitions of which are contained in the Contract] Abbreviated expressions, the definitions of which are contained in Article 1 for the purposes of the Treaty, have the same meaning for the purposes of the Instruction.

  Rule 2 Method of specifying names and addresses

     (1) [Names] (a) If it is necessary to indicate the name of a person, any Contracting Party may require: (i) if the person is an individual, that the surname or the main surname and the first name or the additional name or names of that person be indicated, or, at his choice, the name or names commonly used by that person; (ii) if the person is a legal entity, the full official name of that legal entity should be indicated.       (b) If it is necessary to indicate the name of the representative that the firm or partnership is, any Contracting Party will recognize as such the designation that such firm or partnership normally uses.       (2) [Addresses] (a) If it is necessary to indicate the address of a person, any Contracting Party may require that the address be indicated in such a way as to meet the usual requirements for rapid postal delivery to the specified address, and in any case contain all necessary information about the administrative units, including the number of the house or building, if any.       (b) If a communication is sent to the Office of a Contracting Party on behalf of two or more persons with different addresses, the Contracting Party may require that only one address be indicated in the communication as a correspondence address. (c) The address may contain a telephone number, fax number and e-mail address, and for the purposes of correspondence, also an address other than the address specified in accordance with subparagraph (a). (d) Subparagraphs (a) and (c) apply to business correspondence addresses, subject to appropriate modifications.       (3) [Other means of identification] Any Contracting Party may require that a communication sent to the Office indicate the number or other means of identification, if any, that are registered with respect to the applicant, owner, representative or interested person in the Office. No Contracting Party may refuse to report on the basis of non-compliance with this requirement, except for applications submitted in electronic form.       (4) [Font used] Any Contracting Party may require that any of the indications referred to in paragraphs (1) to (3) be executed in the font used by its Office.

  Rule 3 Details regarding the application

     (1) [Standard Symbols] If the application contains a statement that the applicant wishes the mark to be registered and published using the standard symbols used by the Office of the Contracting Party, the Office shall register and publish the mark using such standard symbols.       (2) [A sign with a claim to color] If the application contains a statement that the applicant wishes to request color protection as a distinctive element of the mark, the Office may require that the application indicate the name or code of the requested color or colors, as well as an indication, for each color, of the main parts of the mark having that color.       (3) [Number of images] (a) If the application does not contain a statement that the applicant wishes to request color protection as a distinctive element of the mark, the Contracting Party may require no more than:       (i) five black-and-white images of the mark, if, in accordance with the legislation of that Contracting Party, the application cannot or does not contain a statement that the applicant wants the mark to be registered and published using the standard symbols used by the Office of that Contracting Party.;       (ii) a single black-and-white image of the mark, if the application contains a statement stating that the applicant wants the mark to be registered and published using the standard symbols used by the Office of that Contracting Party.       (b) If the application contains a statement stating that the applicant wishes to request color protection as a distinctive element of the mark, the Contracting Party may request no more than five black-and-white and five color images of the mark.       (4) [Three-dimensional sign] (a) If the application contains a statement that the sign is three-dimensional, the image of such sign must consist of a two-dimensional graphic or photographic image.       (b) At the applicant's choice, the image provided in accordance with subparagraph (a) may consist of one or more different types of signs.       (c) If the Office considers that the image of the mark submitted by the applicant in accordance with subparagraph (a) does not sufficiently reflect the features of the three-dimensional mark, it may invite the applicant to submit up to six different types of mark and/or its verbal description within a reasonable time specified in the relevant request.       (d) If the Office considers that the various types and/or verbal descriptions of the mark referred to in subparagraph (c) still do not sufficiently reflect the features of the three-dimensional mark, it may invite the applicant to submit a sample of the mark within a reasonable time specified in the relevant request. (e) Paragraph (3) (a)(i) and (b) apply mutatis mutandis.       (5) [Holographic sign, Changing sign, Color sign, Positional sign] If the application contains an application for registration of a holographic mark, a changing mark, a color mark or a position mark, the Contracting Party may require the submission of one or more images of the mark and details related to the mark, as prescribed by the legislation of the Contracting Party.       (6) [A sign representing a non-visual designation] If the application contains an application for registration of a mark representing a non-visual designation, the Contracting Party may require the submission of one or more representations of the mark, indication of the type of mark and details related to the mark, as prescribed by the legislation of the Contracting Party.       (7) [Transliteration of the mark] For the purposes of Article (l)(a)(xiii), if the mark consists of objects or contains an object in a font other than that used by the Office, or numbers expressed in numerals other than those used by the Office, transliteration of such object in the font and numerals used by the Agency.       (8) [Translation of the mark] For the purposes of Article 3(l)(a)(iv), if the mark consists of or contains a word or words in a language other than the language or one of the languages accepted by the Office of a Contracting Party, a translation of that word or those words into such language or one of the languages may be required. one of those languages.       (9) [Time limits for providing evidence of the actual use of the mark] The period referred to in Article 3(3) shall be at least six months from the date of acceptance of the application by the Office of the Contracting Party to which it is filed. Subject to the conditions stipulated by the legislation of this Contracting Party, the applicant or the owner has the right to extend this period for subsequent six-month periods, while the total extension period may be at least two and a half years.

  Rule 4 Details of the representative office and the address for business correspondence

(1) [Address if a representative is appointed] If a representative is appointed, the Contracting Party should consider the address of such representative as an address for business correspondence.       (2) [Address if no representative has been appointed] If no representative has been appointed and the applicant, owner or other interested person provides as his address an address in the territory of a Contracting Party, such Contracting Party shall consider such address as an address for business correspondence.       (3) [Term] The period referred to in Article 4(3)(d) is calculated from the date of receipt by the Office of the relevant Contracting Party of the communication referred to in this Article and is not less than one month if the address of the person on whose behalf the communication is made is located in the territory of such Contracting Party, and not less than two months if the address is outside the territory of such a Contracting Party.

  Rule 5 Details regarding the filing date

     (1) [Procedure in case of non-compliance] If, as of the date of receipt by the Office, the application does not meet any of the requirements of Article 5 (1)(a) or (2)(a), the Office shall immediately invite the applicant to comply with such requirements within the time period specified in the relevant request, and the time limit shall be at least one month from the date of transmission. if the applicant's address is located in the territory of the relevant Contracting Party, and two months if the applicant's address is located outside the territory of the relevant Contracting Party. The fulfillment of the requirements specified in the request may be subject to the payment of a special fee. Even if the Office does not send the mentioned request, the specified requirements remain in force.       (2) [Date of filing in case of correction] If, within the period specified in the request referred to in paragraph (1), the applicant fulfills the requirements contained therein and pays the necessary special fee, the filing date is the date on which the Office receives all the necessary instructions and elements referred to in Article 5 (1)(a), and, where applicable, He has been paid the required fees referred to in Article 5(2)(a). Otherwise, the application will be considered as not submitted.

  Rule 6 Details regarding communications

     (1) [Instructions accompanying the signature of messages on paper] Any Contracting Party may require that the signature of the natural person who signed it be accompanied by:       (i) an alphabetic indication of the surname or the main surname and first name, or the additional name or names of this individual, or, at his choice, the name or names commonly used by him; (ii) an indication of the position of the person who signed, if such position is not obvious from reading the message.       (2) [Date of signature] Any Contracting Party may require that the signature be accompanied by an indication of the date on which it was affixed. If such an indication is required but not provided, the date on which the signature is considered to have been affixed will be the date on which the signed communication was received by the Office, or, if permitted by the Contracting Party, an earlier date.       (3) [Signature of the message on paper] If a communication addressed to the Office of a Contracting Party is presented on paper and a signature is required, that Contracting Party:       (i) must accept a handwritten signature, subject to subparagraph (iii); (ii) may authorize the use of other forms of signature instead of a handwritten signature, such as an impression or stamp with a signature, or the use of a seal or a bar code marking;       (iii) may require the use of a seal instead of a handwritten signature if the individual signing the communication is a national of a Contracting Party and the address of such person is located in its territory, or if the legal entity on whose behalf the communication is signed is established in accordance with its legislation and has either a location or a valid and fictitious industrial or a trading company on its territory.       (4) [Signature of paper communications submitted using electronic means of transmission] A Contracting Party that provides for paper communications to be submitted using electronic means of transmission will consider any such communication signed if a graphic representation of the signature accepted by that Contracting Party in accordance with paragraph (3) appears on the message when it is received. receiving.       (5) [Original paper communication submitted by electronic means of transmission] A Contracting Party that provides for paper communications to be submitted by electronic means of transmission may require the submission of the original of any such communication:       (i) to the Office, accompanied by a letter identifying such earlier transmission, and (ii) within a period of at least one month from the date of receipt by the Office of the electronic transmission communication.       (6) [Confirmation of the authenticity of messages submitted in electronic form] A Contracting Party that authorizes the submission of communications in electronic form may require that the authenticity of any such communication be verified through an electronic authentication system, as prescribed by that Contracting Party.       (7) [Date of receipt] Each Contracting Party has the right to determine the circumstances in which receipt of documents or payment of a fee should be considered as receipt by the Office in cases where the document has been received or payment has been made: (i) at one of the departments of the Office, (ii) at the national Office on behalf of the Office of the Contracting Party, if the Contracting Party is an intergovernmental organization, in Article 26(1)(ii), (iii) in the official postal service, (iv) in the delivery service or institution, (v) at an address other than that of the Office indicated by the Contracting Party.       (8) [Electronic feed] Subject to paragraph (7), if a Contracting Party provides for the submission of communications in electronic form or by electronic means of transmission and the communication is filed in this way, the date on which the Office of that Contracting Party receives the communication in this form or by such means shall be considered as the date of receipt of the communication.

  Rule 7 Method of identification of an application without its number

     (1) [Identification method] If an application is required to be identified by a number, but such a number has not yet been assigned or is unknown to the applicant or his representative, such an application will be considered identified if available.:       (i) the provisional application number, if any, assigned by the Office, or (ii) a copy of the application, or (iii) a presentation of the mark indicating the date on which, according to reliable information from the applicant or representative, the application was received by the Office and the identification number assigned to the application by the applicant or his representative.       (2) [Prohibition of other requirements] No Contracting Party may require that conditions other than those mentioned in paragraph (1) be fulfilled in order to identify an application if its number has not yet been assigned or is unknown to the applicant or his representative.

  Rule 8 Details regarding the period of validity of registration and its renewal

     For the purposes of Article 13 (1)(c), the period during which an application for renewal of registration may be submitted and the appropriate fee paid shall begin to be calculated at least six months before the date on which the renewal is to be carried out and expire at least six months after such date.. If an application for renewal of registration is submitted and/or the relevant fees are paid after the date on which such an extension is due, any Contracting Party may provide for the payment of an additional fee as a condition for accepting such an application.

  Rule 9 Relief in case of non-compliance with deadlines

(1) [Extension requirements under Article 14(2)(i)] A Contracting Party that provides for an extension under Article 14(2)(i) must extend the period for a reasonable period of time from the date of the application for an extension and may require that the application: (i) contain an indication to the requesting party, the relevant application or registration number and the requested time limit, and (ii) was submitted within a period of at least two months from the date of expiry of the requested time limit.       (2) [Requirements for the continuation of records management under Article 14(2)(ii)] A Contracting Party may require that the application for continuation of records management pursuant to Article 14(2)(ii): (i) contain an indication of the requesting Party, the relevant application or registration number and the requested time limit, and (ii) be submitted within a period that must be at least two months from the date of expiry of the requested time limit. The missed action must be completed within the same time period or, if provided for by the Contracting Party, together with the application.       (3) [Requirements for restoration of rights under Article 14(2)(iii)] (a) A Contracting Party may require that an application for restoration of rights under Article 14(2)(iii):       (i) contained an indication of the requesting party, the relevant application or registration number and the requested deadline, and (ii) contained facts and evidence to explain the reasons for non-compliance with deadlines.       (b) An application for restoration of rights must be submitted to the Office within a reasonable time, the duration of which is determined by the Contracting Party from the date of elimination of the reasons for non-compliance with the deadlines in question. The missed action must be completed within the same time period or, if provided for by the Contracting Party, together with the application.       (c) A Contracting Party may provide, as a maximum period for meeting the requirements under subparagraphs (a) and (b), a period of at least six months from the date of expiry of the requested period.       (4) [Exceptions under Article 14 (3)] Exceptions under Article 14(3) are cases of non-compliance with deadlines:       (i) for whom relief has already been granted pursuant to Article 14(2), (ii) to submit an application for relief pursuant to Article 14, (iii) to pay the renewal fee, (iv) to take action before the Appeals Chamber or other review body established within the Office, (v) for actions during the proceedings between the parties,       (vi) to submit an application pursuant to Article 3(l)(a)(vii) or an application pursuant to Article 3(l)(a)(viii), (vii) to submit an application according to which, according to the legislation of a Contracting Party, a new filing date may be set for an application under consideration, and (viii) to correct or supplement the priority claim.

  Rule 10 Requirements regarding the application for license registration or modification or cancellation of license registration

     (1) [Content of the application] (a) A Contracting Party may require that the application for registration of a license in accordance with Article 17 (1) included some or all of the listed indications or elements:       (i) the name and address of the owner, (ii) the name and address of the representative, if the owner has one, (iii) the address for business correspondence, if the owner has one, (iv) the name and address of the licensee, (v) the name and address of the representative, if the licensee has one, (vi) the address for business correspondence, if the licensee has one, (vii) the name of the State, of which the licensee is a citizen, if he is a citizen of any state; the name of the State in which the licensee has his place of residence, if any, and the name of the State in which the licensee has a valid and fictitious industrial or commercial enterprise, if any; (viii) the legal character of the legal entity and the name of the State, if the owner or licensee is a legal entity, and, if necessary, the territorial unit in (ix) the registration number of the mark that is the subject of the license, as part of the State in accordance with the legislation of which the specified legal entity is established.,       (x) the names of the goods and/or services for which a license has been granted, grouped according to the Nice Classification classes, with each group preceded by the class number of that Classification to which the group of goods or services belongs, and the groups must be presented in the order of the classes of the specified Classification, (xi) indication of the type of license: exclusive, non-exclusive or sole, (xii) an indication, if necessary, that the license is valid only in the part of the territory covered by the registration, together with the exact indication of this part of the territory, (xiii) the validity period of the license.       (b) A Contracting Party may require that an application for modification or cancellation of a license registration in accordance with Article 18(1), contained several or all of the following indications or elements:       (i) the indications listed in paragraphs (i) to (ix) of subparagraph (a), (ii) the nature and scope of the changes or cancellations, if the change or cancellation concerns any of the indications or elements listed in subparagraph (a).       (2) [Supporting documents for license registration] (a) A Contracting Party may require that the application for license registration, at the discretion of the requesting Party, be accompanied by one of the following documents:       (i) an extract from the license agreement identifying the parties and the rights granted under the license, certified by a notary public or any other competent authority as an authentic extract from the agreement, or (ii) an unverified license application, the content of which corresponds to the content of the license application form, provided in the Instructions, and signed by the owner and the licensee.       (b) Any Contracting Party may require that each co-owner who is not a party to the license agreement express his consent to the license in a document signed by him.       (3) [Supporting documents for changing the license registration] (a) A Contracting Party may require that the application for changing the license registration be accompanied, at the option of the requesting Party, by one of the following documents:       (i) documents confirming the required modification of the license registration record, or (ii) an unverified license modification application, the content of which corresponds to the content of the license modification application form provided for in the Instructions, and signed by the owner and licensee.       (b) Any Contracting Party may require each co-owner who is not a party to the license agreement to express his consent to the modification of the license in a document signed by him.       (4) [Supporting documents for revocation of license registration] The Contracting Party may require that the application for cancellation of the license registration be accompanied, at the option of the requesting Party, by one of the following documents::       (i) documents confirming the required cancellation of the license registration, or (ii) an unverified license cancellation application, the content of which corresponds to the content of the license cancellation application form provided for in the Instructions, and signed by the owner and licensee.

  Resolution of the Diplomatic Conference Supplementary to the Singapore Trademark Law Treaty and its Instructions

1. The Diplomatic Conference on the Adoption of the Revised Trademark Law Treaty, held in Singapore in March 2006, agreed that the Treaty adopted by the Conference would be called the Singapore Trademark Law Treaty (hereinafter referred to as the "Treaty").       2. When adopting the Treaty, the Diplomatic Conference agreed that the words "procedure at the Office" in Article 1 (viii) would not cover judicial procedures under the laws of the Contracting Parties.       3. Recognizing that the Treaty provides for effective and efficient formal procedures for the Contracting Parties in relation to trademarks, the Diplomatic Conference proceeds from the fact that Articles 2 and 8, respectively, do not impose any obligations on the Contracting Parties.:       (i) register new types of marks referred to in Rule 3, paragraphs (4), (5) and (6) of the Regulations; or (ii) implement electronic filing systems and other automation systems.       The Contracting Parties will have the opportunity to decide whether and when to provide for the registration of the new types of marks mentioned above.       4. In order to facilitate the implementation of the provisions of the Treaty in developing and least developed countries (LDCs), the Diplomatic Conference requested the World Intellectual Property Organization (WIPO) and the Contracting Parties to provide additional and adequate technical assistance, including technological, legal and other support, to strengthen the institutional capacities of these countries to implement the provisions of the Treaty and ensure that countries have the opportunity to fully benefit from the provisions of the Treaty.       5. Such assistance should take into account the level of technological and economic development of the beneficiary countries. Technological support will help improve the information and communication technology infrastructure of these countries, thereby helping to reduce the technological gap between the Contracting Parties. The Diplomatic Conference noted that some countries emphasized the importance of the Digital Solidarity Fund (FCF) as highly relevant for reducing the digital divide. 6. In addition, after the entry into force of the Treaty, the Contracting Parties will make efforts to exchange information and experience on a multilateral basis on the legal, technical and institutional aspects of the implementation of the provisions of the Treaty, as well as on how to make the most of the opportunities and advantages arising from it.       7. Recognizing the special situation and needs of the LDCs, the Diplomatic Conference agreed that the LDCs should be given special and differential treatment in the implementation of the Treaty, namely: (a) The LDCs will be the main and main beneficiaries of technical assistance provided by the Contracting Parties and the World Intellectual Property Organization (WIPO);       (b) Such technical assistance shall include the following:       (i) assistance in establishing a legal framework for the implementation of the provisions of the Treaty, (ii) information, education and clarification of the consequences of accession to the Treaty, (iii) assistance in reviewing the administrative practices and procedures of national trademark registration authorities, (iv) assistance in training the necessary qualified personnel and equipping IP Offices, including information and communication technology technologies for the effective implementation of the provisions of the Agreement and its Instructions.       8. The Diplomatic Conference requests the Assembly to monitor and evaluate at each regular session the process of providing assistance in connection with efforts to implement the Treaty and the benefits resulting from such implementation.       9. The Diplomatic Conference agreed that any dispute that may arise between two or more Contracting Parties regarding the interpretation or application of this Treaty should be resolved on a friendly basis, through consultations and mediation under the auspices of the Director General.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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