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ARTICLE-15: Protectable Subject Matter [go to this ARTICLE]
... 1. Any
sign, or any combination of signs, capable of distinguishing the
goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark. Such
signs, in particular words including personal names, letters,
numerals, figurative elements and combinations of colours as well as
any combination of such signs, shall be eligible for registration as
trademarks. Where signs are not inherently capable of distinguishing
the relevant goods or services, Members may make registrability
depend on distinctiveness acquired through use. Members may require,
as a condition of registration, that signs be visually perceptible. ...
ARTICLE-20: Other Requirements [go to this ARTICLE]
... The use
of a trademark in the course of trade shall not be unjustifiably
encumbered by special requirements, such as use with another
trademark, use in a special form or use in a manner detrimental to
its capability to distinguish the goods or services of one
undertaking from those of other undertakings. This will not preclude
a requirement prescribing the use of the trademark identifying the
undertaking producing the goods or services along with, but without
linking it to, the trademark distinguishing the specific goods or
services in question of that undertaking. ...
... The use
of a trademark in the course of trade shall not be unjustifiably
encumbered by special requirements, such as use with another
trademark, use in a special form or use in a manner detrimental to
its capability to distinguish the goods or services of one
undertaking from those of other undertakings. This will not preclude
a requirement prescribing the use of the trademark identifying the
undertaking producing the goods or services along with, but without
linking it to, the trademark distinguishing the specific goods or
services in question of that undertaking. ...
... The use
of a trademark in the course of trade shall not be unjustifiably
encumbered by special requirements, such as use with another
trademark, use in a special form or use in a manner detrimental to
its capability to distinguish the goods or services of one
undertaking from those of other undertakings. This will not preclude
a requirement prescribing the use of the trademark identifying the
undertaking producing the goods or services along with, but without
linking it to, the trademark distinguishing the specific goods or
services in question of that undertaking. ...
... 3. Each
Member shall enter, upon request, into consultations with any other
Member which has cause to believe that an intellectual property right
owner that is a national or domiciliary of the Member to which the
request for consultations has been addressed is undertaking practices
in violation of the requesting Member's laws and regulations on the
subject matter of this Section, and which wishes to secure compliance
with such legislation, without prejudice to any action under the law
and to the full freedom of an ultimate decision of either Member.
The Member addressed shall accord full and sympathetic consideration
to, and shall afford adequate opportunity for, consultations with the
requesting Member, and shall cooperate through supply of publicly
available non-confidential information of relevance to the matter in
question and of other information available to the Member, subject to
domestic law and to the conclusion of mutually satisfactory
agreements concerning the safeguarding of its confidentiality by the
requesting Member. ...
ARTICLE-65: Transitional Arrangements [go to this ARTICLE]
... 3. Any
other Member which is in the process of transformation from a
centrally-planned into a market, free-enterprise economy and which is
undertaking structural reform of its intellectual property system and
facing special problems in the preparation and implementation of
intellectual property laws and regulations, may also benefit from a
period of delay as foreseen in paragraph 2.
...
... 1. The
Council for TRIPS shall review the implementation of this Agreement
after the expiration of the transitional period referred to in
paragraph 2 of Article 65. The Council shall, having
regard to the experience gained in its implementation, review it two
years after that date, and at identical intervals thereafter. The
Council may also undertake reviews in the light of any relevant new
developments which might warrant modification or amendment of this
Agreement.
...