Section 92B: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Trade Marks Ordinance, 2001: • basic application — an application for the registration of a trade mark filed under section 22 and which is used as a basis for applying for an international registration • basic registration — the registration of a trade mark under section 33 and which is used as a basis for applying for an international registration • common regulations — the Common Regulations under the Madr id Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement • contracting organization — a contracting party that is an inter- governmental organization • contracting party — a contracting state or contracting organization party to the Madrid Protocol • contracting state — a country party to the Madrid Protocol; (viii) “designation”, with its grammatical variations, is a request for the extension of protection under Article 3ter(1) or (2) of the Madrid Protocol, as the case may be; it also means such extension as recorded in the International Register • international application — an application for international registration or for extension of the protection resulting from an international registration to any contracting party made under the Madrid Protocol; 1Ins. by Act No. LVIII of 2023, s.34 • international bureau — the international bureau of the world intellectual property organization • international registration — the registration of a trade mark in the register of the international bureau effected under the Madrid Protocol; (xiii) “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the l4th day of April, 1891, as subsequently revised and amended • Madrid Protocol — the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time; and • office of origin — the office through the intermediary of which the international application is filed in accordance with Article 2(2) of the Madrid Protocol This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

92B. Definitions.___In this Chapter, unless the context otherwise requires, ___ (i) “application”, in relation to a contracting state or a contracting organization, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that contracting state or a state which is a member of that contracting organization, as the case may be. Explanation.___For the purposes of this clause, “real and effective industrial or commercial establishment” means and includes any establishment where some bona fide industrial or commercial activity takes place and need not necessarily be the principal place of business; (ii) “basic application” means an application for the registration of a trade mark filed under section 22 and which is used as a basis for applying for an international registration; (iii) “basic registration” means the registration of a trade mark under section 33 and which is used as a basis for applying for an international registration; (iv) “common regulations” means the Common Regulations under the Madr id Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement; (v) “contracting organization” means a contracting party that is an inter- governmental organization; (vi) “contracting party” means a contracting state or contracting organization party to the Madrid Protocol; (vii) “contracting state” means a country party to the Madrid Protocol; (viii) “designation”, with its grammatical variations, is a request for the extension of protection under Article 3ter(1) or (2) of the Madrid Protocol, as the case may be; it also means such extension as recorded in the International Register; (ix) “designated contracting party” is a Contracting Party for which the extension of protection has been requested under Article 3ter(1) or (2) of the Madrid Protocol, as the case may be, or in respect of which such extension has been recorded in the international register; (x) “international application” means an application for international registration or for extension of the protection resulting from an international registration to any contracting party made under the Madrid Protocol; 1Ins. by Act No. LVIII of 2023, s.34. (xi) “international bureau” means the international bureau of the world intellectual property organization; (xii) “international registration” means the registration of a trade mark in the register of the international bureau effected under the Madrid Protocol; (xiii) “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the l4th day of April, 1891, as subsequently revised and amended; (xiv) “Madrid Protocol” means the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time; and (xv) “office of origin” means the office through the intermediary of which the international application is filed in accordance with Article 2(2) of the Madrid Protocol.

Effective date: 2001-01-01

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