WIPO CONFERENCE CONCLUDES TRADEMARK LAW TREATY

5:20 AM Nov 1, 1994

WIPO CONFERENCE CONCLUDES TRADEMARK LAW TREATY
Geneva 30 Oct (TWN) -- A diplomatic conference under the auspices of the World Intellectual Property Organization concluded on 27 October after approving a Trademark Law Treaty (TLT) which would simplify, for owners, applications and registration of trade markets, both goods and services, and thus ensure better protection.

The TLT is part of a range of harmonization efforts undertaken by the since mid-1980s, covering various conventions administered by the WIPO. But some of these efforts got slowed down because of the parallel negotiations for a TRIPs agreement under the GATT auspices.

The Trademark law diplomatic Conference, 10-27 October, was attended by 97 States and intergovernmental organizations.

Work on such a treaty had begun in 1989 and, after six preparatory sessions of a Committee of Experts, the WIPO international bureau had prepared a draft treaty which was considered at the Conference and ultimately adopted.

The new treaty harmonizes trade mark law which currently varies in several national and regional jurisdictions, and will be open for signature for a year. It will come into force three months after five States have ratified or acceded to the treaty.

Under the provisions of the new treaty, a single application could be filed in any jurisdiction to register goods and services marks in some 42 classes of international classification of goods and services set by the WIPO.

The trademarks, relating to goods, services or both, will cover all kinds of visible signs, including for those countries that allow three dimensional marks such three dimensional marks. But it will not cover holograms or marks not consisting of visible signs -- such as sound marks or olfactory marks. It will not also apply to collective marks and quality marks.

When ownership of a trademark changes hands, it would be possible to get the changes recorded in respect of all changes (name, address etc) belonging to the same owner through a single request which could cover hundreds of registered marks.

This kind of change takes place when ownership of large corporations and more frequently their separate divisions activities are sold off to other new owners.

Registration for trademarks could be sought without their being in actual use, but based on 'intended use'. However, the authorities of the registering jurisdiction could require within a fixed time limit set in its law, evidence of actual use.

The treaty sets the kind of formalities and requirements that the registering authorities might demand, and prohibits other requirements or formalities.