TLT Notification No. 1
Trademark Law Treaty
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify him that, by the date until which it was open for signature (that is, October 27, 1995), the following States and intergovernmental organization had signed the Trademark Law Treaty, done at Geneva on October 27, 1994:
- Austria, Belarus, Belgium, Bosnia and Herzegovina, China, Côte d'Ivoire, Cuba, Czech Republic, Denmark, Dominican Republic, Hungary, Indonesia, Israel, Italy, Kenya, Latvia, Lithuania, Luxembourg, Malta, Mexico, Monaco, Portugal, Republic of Moldova, Russian Federation, Slovakia, Slovenia, South Africa, Swaziland, Switzerland, Togo, Trinidad and Tobago, Turkey, Ukraine, United Kingdom, United States of America, Uruguay, on October 28, 1994;
- Germany, on November 7, 1994; Greece, on November 14, 1994; Senegal, on November 18, 1994; Liechtenstein, on March 8, 1995; Spain, on March 29, 1995; France, on April 12, 1995; Poland, on May 10, 1995; European Communities, on June 30, 1995; Finland, on July 27, 1995; Sweden, on September 26, 1995; Morocco, on October 5, 1995; Gabon, on October 17, 1995; Costa Rica, on October 18, 1995; Netherlands, on October 23, 1995; Cyprus, on October 27, 1995.
Total: 51 signatories (50 States and one intergovernmental organization).
Any of the above listed signatories may become party to the Trademark Law Treaty if it deposits an instrument of ratification.
As concerns nonsignatories, any State member of WIPO that fulfills the conditions stated in either Article 19(1)(i), or (iii), or (iv) or (v) of the Trademark Law Treaty may become party to it by depositing its instrument of accession. Any intergovernmental organization that has not signed the said Treaty and that fulfills the conditions stated in Article 19(1)(ii) may also become party to it by depositing its instrument of accession.
Instruments of ratification or accession are to be deposited with the Director General of WIPO.
The date of entry into force of the Trademark Law Treaty will be notified when the required number of ratifications or accessions is reached in accordance with Article 20(2) of the said Treaty.
The texts of Articles 19 and 20 of the Trademark Law Treaty, referred to above, are reproduced in the attachment to the present Notification.
November 8, 1995
Becoming Party to the Treaty
(1) [Eligibility] The following entities may sign and, subject to paragraphs (2) and (3) and Article 20(1) and (3), become party to this Treaty:
(i) any State member of the Organization in respect of which marks may be registered with its own Office;
(ii) any intergovernmental organization which maintains an Office in which marks may be registered with effect in the territory in which the constituting treaty of the intergovernmental organization applies, in all its member States or in those of its member States which are designated for such purpose in the relevant application, provided that all the member States of the intergovernmental organization are members of the Organization;
(iii) any State member of the Organization in respect of which marks may be registered only through the Office of another specified State that is a member of the Organization;
(iv) any State member of the Organization in respect of which marks may be registered only through the Office maintained by an intergovernmental organization of which that State is a member;
(v) any State member of the Organization in respect of which marks may be registered only through an Office common to a group of States members of the Organization.
(2) [Ratification or Accession] Any entity referred to in paragraph (1) may deposit
(i) an instrument of ratification, if it has signed this Treaty,
(ii) an instrument of accession, if it has not signed this Treaty.
(3) [Effective Date of Deposit]
(a) Subject to subparagraph (b), the effective date of the deposit of an instrument of ratification or accession shall be,
(i) in the case of a State referred to in paragraph (1)(i), the date on which the instrument of that State is deposited;
(ii) in the case of an intergovernmental organization, the date on which the instrument of that intergovernmental organization is deposited;
(iii) in the case of a State referred to in paragraph (1)(iii), the date on which the following condition is fulfilled: the instrument of that State has been deposited and the instrument of the other, specified State has been deposited;
(iv) in the case of a State referred to in paragraph (1)(iv), the date applicable under (ii), above;
(v) in the case of a State member of a group of States referred to in paragraph (1)(v), the date on which the instruments of all the States members of the group have been deposited.
(b) Any instrument of ratification or accession (referred to in this subparagraph as "instrument") of a State may be accompanied by a declaration making it a condition to its being considered as deposited that the instrument of one other State or one intergovernmental organization, or the instruments of two other States, or the instruments of one other State and one intergovernmental organization, specified by name and eligible to become party to this Treaty, is or are also deposited. The instrument containing such a declaration shall be considered to have been deposited on the day on which the condition indicated in the declaration is fulfilled. However, when the deposit of any instrument specified in the declaration is, itself, accompanied by a declaration of the said kind, that instrument shall be considered as deposited on the day on which the condition specified in the latter declaration is fulfilled.
(c) Any declaration made under paragraph (b) may be withdrawn, in its entirety or in part, at any time. Any such withdrawal shall become effective on the date on which the notification of withdrawal is received by the Director General.
Effective Date of Ratifications and Accessions
(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 19(1) and that have an effective date according to Article 19(3) shall be taken into consideration.
(2) [Entry Into Force of the Treaty] This Treaty shall enter into force three months after five States have deposited their instruments of ratification or accession.
(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.