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Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks [1985] WIPOATSer 1

Vienna Agreement Establishing an International Classification
of the Figurative Elements of Marks

Done at Vienna on June 12, 1973
as amended on October 1, 1985

TABLE OF CONTENTS1

Article 1: Establishment of a Special Union; Adoption of an International Classification
Article 2: Definition and Deposit of the Classification of Figurative Elements
Article 3: Languages of the Classification of Figurative Elements
Article 4: Use of the Classification of Figurative Elements
Article 5: Committee of Experts
Article 6: Notification, Entry Into Force and Publication of Amendments and Additions and of Other Decisions
Article 7: Assembly of the Special Union
Article 8: International Bureau
Article 9: Finances
Article 10: Revision of the Agreement
Article 11: Amendment of Certain Provisions of the Agreement
Article 12: Becoming Party to the Agreement
Article 13: Entry Into Force of the Agreement
Article 14: Duration of the Agreement
Article 15: Denunciation
Article 16: Disputes
Article 17: Signature, Languages, Depositary Functions, Notifications
Resolution

The Contracting Parties,

Article 1
Establishment of a Special Union;
Adoption of an International Classification

The countries to which this Agreement applies constitute a Special Union and adopt a common classification for the figurative elements of marks (hereinafter designated as “the Classification of Figurative Elements”).

Article 2
Definition and Deposit of the Classification of Figurative Elements

(1) The Classification of Figurative Elements comprises a list of categories, divisions and sections in which the figurative elements of marks are classified, together with, as the case may be, explanatory notes.

(2) The Classification of Figurative Elements is contained in one authentic copy, in the English and French languages, signed by the Director General of the World Intellectual Property Organization (hereinafter designated respectively as “the Director General” and “the Organization”) and deposited with him at the time that this Agreement is opened for signature.

(3) The amendments and additions referred to in Article 5(3)(i) shall also be contained in one authentic copy, in the English and French languages, signed by the Director General and deposited with him.

Article 3
Languages of the Classification of Figurative Elements

(1) The Classification of Figurative Elements shall be established in the English and French languages, both texts being equally authentic.

(2) The International Bureau of the Organization (hereinafter designated as “the International Bureau”) shall establish, in consultation with the interested Governments, official texts of the Classification of Figurative Elements in the languages which the Assembly referred to in Article 7 may designate in accordance with paragraph (2)(a)(vi) of that Article.

Article 4
Use of the Classification of Figurative Elements

(1) Subject to the requirements prescribed by this Agreement, the scope of the Classification of Figurative Elements shall be that attributed to it by each country of the Special Union. In particular, the Classification of Figurative Elements shall not bind the countries of the Special Union in respect of the extent of the protection afforded to the mark.

(2) The competent Offices of the countries of the Special Union shall have the right to use the Classification of Figurative Elements either as a principal or as a subsidiary system.

(3) The competent Offices of the countries of the Special Union shall include in the official documents and publications relating to registrations and renewals of marks the numbers of the categories, divisions and sections in which the figurative elements of those marks are to be placed.

(4) The said numbers shall be preceded by the words “Classification of Figurative Elements” or an abbreviation thereof to be determined by the Committee of Experts referred to in Article 5.

(5) Any country may, at the time of its signature or of the deposit of its instrument of ratification or accession, declare that it does not undertake to include the numbers of all or some of the sections in official documents and publications relating to registrations and renewals of marks.

(6) If any country of the Special Union entrusts the registration of marks to an intergovernmental authority, it shall take all possible measures to ensure that that authority uses the Classification of Figurative Elements in accordance with this Article.

Article 5
Committee of Experts

(1) A Committee of Experts shall be set up in which each country of the Special Union shall be represented.

(2)

(3) The Committee of Experts shall:

(4) The Committee of Experts shall adopt its own rules of procedure. The latter shall provide for the possibility of participation in meetings of the subcommittees and working groups of the Committee of Experts by those intergovernmental organizations referred to in paragraph (2)(b) which can make a substantial contribution to the development of the Classification of Figurative Elements.

(5) Proposals for amendments or additions to the Classification of Figurative Elements may be made by the competent Office of any country of the Special Union, the International Bureau, any intergovernmental organization represented in the Committee of Experts pursuant to paragraph (2)(b) and any country or organization specially invited by the Committee of Experts to submit such proposals. The proposals shall be communicated to the International Bureau, which shall submit them to the members of the Committee of Experts and to the observers not later than two months before the session of the Committee of Experts at which the said proposals are to be considered.

(6)

Article 6
Notification, Entry Into Force and Publication
of Amendments and Additions and of Other Decisions

(1) Every decision of the Committee of Experts concerning the adoption of amendments and additions to the Classification of Figurative Elements, and the recommendations of the Committee of Experts, shall be notified by the International Bureau to the competent Offices of the countries of the Special Union. The amendments and additions shall enter into force six months after the date of dispatch of the notifications.

(2) The International Bureau shall incorporate in the Classification of Figurative Elements amendments and additions which have entered into force. Announcements of the amendments and additions shall be published in such periodicals as may be designated by the Assembly referred to in Article 7.

Article 7
Assembly of the Special Union

(1)

(2)

(3)

(4)

(5) The Assembly shall adopt its own rules of procedure.

Article 8
International Bureau

(1)

(2) The Director General and any staff member designated by him shall participate, without the right of vote, in all meetings of the Assembly, the Committee of Experts and such other committees or working groups as may have been established by the Assembly or the Committee of Experts. The Director General or a staff member designated by him shall be ex officio secretary of those bodies.

(3)

(4) The International Bureau shall carry out any other tasks assigned to it.

Article 9
Finances

(1)

(2) The budget of the Special Union shall be established with due regard to the requirements of coordination with the budgets of the other Unions administered by the Organization.

(3) The budget of the Special Union shall be financed from the following sources:

(4)

(5) The amount of the fees and charges due for services rendered by the International Bureau in relation to the Special Union shall be established, and shall be reported to the Assembly, by the Director General.

(6)

(7)

(8) The auditing of the accounts shall be effected by one or more of the countries of the Special Union or by external auditors, as provided in the financial regulations. They shall be designated, with their agreement, by the Assembly.

Article 10
Revision of the Agreement

(1) This Agreement may be revised from time to time by a special conference of the countries of the Special Union.

(2) The convocation of any revision conference shall be decided by the Assembly.

(3) Articles 7, 8, 9 and 11 may be amended either by a revision conference of according to the provisions of Article 11.

Article 11
Amendment of Certain Provisions of the Agreement

(1) Proposals for the amendment of Articles 7, 8, 9 and of the present Article may be initiated by any country of the Special Union or by the Director General. Such proposals shall be communicated by the Director General to the countries of the Special Union at least six months in advance of their consideration by the Assembly.

(2) Amendments to the Articles referred to in paragraph (1) shall be adopted by the Assembly. Adoption shall require three-fourth of the votes cast, provided that any amendment to Article 7 and to the present paragraph shall require four-fifth of the votes cast.

(3)

Article 12
Becoming Party to the Agreement

(1) Any country party to the Paris Convention for the Protection of Industrial Property may become party to this Agreement by:

(2) Instrument of ratification or accession shall be deposited with the Director General.

(3) The provisions of Article 24 of the Stockholm Act of the Paris Convention for the Protection of Industrial Property shall apply to this Agreement.

(4) Paragraph (3) shall in no way be understood as implying the recognition or tacit acceptance by a country of the Special Union of the factual situation concerning a territory to which this Agreement is made applicable by another country by virtue of the said paragraph.

Article 13
Entry Into Force of the Agreement

(1) With respect to the first five countries which have deposited their instruments of ratification or accession, this Agreement shall enter into force three months after the fifth instrument of ratification or accession has been deposited.

(2) With respect to any country other than those for which this Agreement has entered into force in accordance with paragraph (1), it shall enter into force three months after the date on which its ratification or accession was notified by the Director General, unless a subsequent date has been indicated in the instrument of ratification or accession. In the latter case, this Agreement shall enter into force with respect to that country on the date thus indicated.

(3) Ratification or accession shall automatically entail acceptance of all the clauses and admission to all the advantages of this Agreement.

Article 14
Duration of the Agreement

This Agreement shall have the same duration as the Paris Convention for the Protection of Industrial Property.

Article 15
Denunciation

(1) Any country of the Special Union may denounce this Agreement by notification addressed to the Director General.

(2) Denunciation shall take effect one year after the day on which the Director General has received the notification.

(3) The right of denunciation provided by this Article shall not be exercised by any country before the expiration of five years from the date upon which it becomes a member of the Special Union.

Article 16
Disputes

(1) Any dispute between two or more countries of the Special Union concerning the interpretation or application of this Agreement, not settled by negotiation, may, by any one of the countries concerned, be brought before the International Court of Justice by application in conformity with the Statute of the Court, unless the countries concerned agree on some other method of settlement. The country bringing the dispute before the Court shall inform the International Bureau; the International Bureau shall bring the matter to the attention of the other countries of the Special Union.

(2) Each country may, at the time it signs this Agreement or deposits its instrument of ratification or accession, declare that it does not consider itself bound by the provisions of paragraph (1). With regard to any dispute between any country having made such a declaration and any other country of the Special Union, the provisions of paragraph (1) shall not apply.

(3) Any country having made a declaration in accordance with the provisions of paragraph (2) may, at any time, withdraw its declaration by notification addressed to the Director General.

Article 17
Signature, Languages, Depositary Functions, Notifications

(1)

(2) Official texts shall be established by the Director General, after consultation with the interested Governments, in such other languages as the Assembly may designate.

(3)

(4) The Director General shall register this Agreement with the Secretariat of the United Nations.

(5) The Director General shall notify the Governments of all countries party to the Paris Convention for the Protection of Industrial Property of:

Resolution
Adopted by the Diplomatic Conference
on the International Classification
of the Figurative Elements of Marks on June 8, 1973

1. Pending the entry into force of the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, a provisional Committee of Experts is hereby set up at the International Bureau of the World Intellectual Property Organization (WIPO).

2. The provisional Committee shall include a representative of each country having signed or acceded to the said Agreement. Intergovernmental organizations specialized in the field of marks, of which at least one of the member countries has signed or acceded to the Agreement, may be represented by observers. Any country member of WIPO or party to the Paris Convention for the Protection of Industrial Property which has neither signed nor acceded to the Agreement may, and, if requested by the provisional Committee, shall, be invited by the Director General of WIPO to be represented by observers.

3. The provisional Committee shall reexamine the International Classification of the Figurative Elements of Marks and shall prepare, if necessary, draft amendments or additions to be made to the said Classification.

4. The International Bureau is invited to prepare the work of the provisional Committee.

5. The International Bureau is invited to convene the provisional Committee, after consultation of the countries which have signed or acceded to the Agreement, if amendments or additions are proposed by any such country or by an organization referred to in paragraph 2 above, or if the International Bureau itself intends to propose amendments or additions.

6. The International Bureau is invited to transmit, as soon as the Agreement enters into force, any draft amendments or additions prepared by the provisional Committee to the Committee of Experts set up under Article 5 of the Agreement.

7. The travel and subsistence expenses of members of the provisional Committee and of observers shall be borne by the countries or organizations which they represent.


1 This Table of Contents is added for the convenience of the reader. It does not appear in the signed text of the Agreement.


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