International Treaties And The Law Of Trademark

Impact of International Treaties On The Development Of The Law Of Trademark
International Treaties And The Law Of Trademark
Tomislav

Introduction

The world today has become a global business arena where trade and commerce is the lifeline of the economy of every nation. It has become very hard to distinguish the quality and identity of one good from another. To identify goods and services trademarks[1] are used in the same way that names identify individuals and companies. They have the advantage of identifying goods and services in attractive and internationally recognisable ways.

Due to the advent of globalisation and with the concept of free trade and commerce the Intellectual Property Rights regime has gained more attention and has been the subject of development and greater concern today. Trademark as one of the wings of intellectual property has been the subject of change and development in past few years. The use of trademarks has a long history, from the marks used by potters in Roman times, to the internationally known marks in use today, such as McDonald’s ‘golden arches’, the NIKE ‘swoosh’ or the name COCA-COLA.[2]

The Industrial Revolution led to numerous growth and changes in the commercial environment, such as the availability of more good in the market, also a revolution in the means of transport led to widespread and long-distance distribution and finally resulted in the development of the global market place and international trade. The use and the importance of trademark have flourished and transformed from well-known manufacturers supplying a local market, to today’s mass marketing and international markets.

With the development of international trade, there is growth in advertising media practices and the invention of mass marketing techniques. Such developments emphasize and increased the use and importance of trademark. On the other hand, due to rapid growth in the international market, a legal regime for the protection of trademarks from an international standpoint was needed to be introduced. Therefore, through a series of agreements, international treaties and legislation certain minimum standards for the protection of trademarks has been established as has a system under which traders can register and protect marks in many countries throughout the world.

This blog puts light on the impact of such international Treaties on the development of the law of Trademark. The first part of this blog deals with the introduction of the Trade Mark law. It gives a brief introduction to the historical formation of the law of trademark. Also, it provides the Trademark law in the context of India and the International context. The recent trend of the trademark law also has been discussed in this paper. The blog on the later part discusses the various international treaties and the development made in such treaties reading the aspects of trademark law.

Origin and the development of the law of Trademark

The trademark is, by far, the most commonly used intellectual property right. The importance of the Trademark was recognized at a global level through the Madrid agreement[3] way back in 1891. From Madrid to TRIPs[4] the international legal system in the field of trademark has developed significantly.[5]

What is Trademark?

Trademark is any word, phrase, symbols, design, sound, smell, colour, product configuration, letters, number, or combination of those, a device, or a label applied to articles of commerce, which is used by a company to identify its products or services, and also to distinguish them from products and services of others.[6]It has been defined[7] to mean any sign capable of being represented graphically which is capable of distinguishing goods and services of one undertaking from those of other undertakings.[8] Trademark are a valuable form of intellectual property since they are always associated with quality and consumer expectations in a product or service. Trademark safeguards the interest of both consumer and trader by making out the origin of goods from a definite trade source.[9] The unique features which distinguish the trademark from the other categories of IPRs are that it has been given legal protection, not for an indefinite term, provided other legal conditions, such as renewal are fulfilled.[10]

Historical Background
The trade of goods came into practice long ago, and the use of trademarks is thought to have evolved from that.[11]As commerce developed, marks began to serve many purposes. Even in Roman times “Potters mark” appeared on vessels to indicate the origin, destination along with the identification of the maker.[12]

Gradually as Industrial Revolution sparked, the guild system of the merchants disintegrated into free business and thus establishing civil protection against those who replicated the mark of another. Perhaps, the concept of identifying the source of manufacture by a mark is an ancient one. But its importance in commerce and trade was recognised only after the Industrial revolution which enabled large scale production and distribution of goods and publicity through the printing media.[13]

Before the enactment of statutory law, trademarks prevailed as common law marks. The need for a law on the registration of trademark and protection against infringement was recognised giving scope for the very first statutory enactment in Britain in the year 1875.[14]

The British Trademark Act of 1875[15] provided for a formal registration of trademark based on the fulfilment of criterion whether the Trademark distinguished the good of the trader or not. Thus, registration was considered as the prima facie evidence of ownership of a trademark.[16] Eventually, the Trademark Act, 1875 was repealed and substituted as the Patents, Design and Trademark Act of 1883[17] which included the facility to register ‘fancy words, not in common use’ and ‘brands’ as new marks for the first time.[18] This Act was further substituted by the Trade Mark Act, 1905.[19] The next re-enactment was the trademark Act, 1938.[20]India borrowed the British Trademark Act, 1938 and prepared the first Act on the subject as the Trademark Act of 1940.[21] Independent India moulded the Trade & Merchandise Mark Act, 1958.[22] The Act is now operative as Trademark Act, 1999[23] which came into force with effect from the 30th day of December 1999.[24]

Trademark law in India

Before 1940, there was no Trademark Law in India. However, in the Indian Penal Code 1860[25] (in Chapter XVII Section 463 to 489 E) offences relating to ‘documents and to property marks’ has been incorporated.[26] Besides, the Indian Penal Code, the Specific Relief Act, 1877[27] also speaks about the protection of trademark and provides temporary injunctions in case of infringement.[28]Section 478 to 479 of the Indian Penal Code provides about “property and other marks”. Section 478 and 480 of the Indian Penal Code were repealed by section 137 and Schedule of the Trade and Merchandise Marks Act, 1958[29]which is the first trademarks Act of India.[30] The registration of a Trademark was introduced in India under the Indian Registration Act of 1908.[31] In 1889, the then British rulers enacted the Indian Merchandise Marks Act, 1889 and the Trade Marks Act, 1940 for protecting the trademarks.[32]Hence, the Indian Trade Mark law got its origin from the British law of Trade Marks.

Since the globalization of trade and industry, development in trade and commerce encouraged investment flows and transfer of technology at the international level, which also outcome in harmonizing the trademark management system. After India entered into the TRIPS agreement, in the light of the mandates of the agreement it has been considered necessary to bring out comprehensive legislation on the subject. Accordingly, the Trade Marks Act of 1999[33] was enacted with all the necessary adjustments.[34]

Recent trends of the Trademark Law

The new trends in trademarks are recognised as the new concepts in the trademark laws.[35] Due to the competitive economy, today marks have been recognized not only in the goods sectors but also in the other sectors. It is important to know about different types of trademarks such as scent marks, textile marks, colour marks, sound marks, collective marks, certification trademark, service mark, well-known trademark, Brand names and domain name.[36] The adoption of the TRIPs agreement has recognized these new trends in the trademark fields with their relevance in modern-day business. Certain marks have influenced the present-day business which runs based on the representation made by the associated marks and the reputation and identification gained by those marks. The TRIPs agreement has mandated recognition and protection to these new trends in the Trademark mark fields.[37]

The new dimension of trademark law is not limited to the traditional concept of trademark, its scope has further been extended. Today the extended scope of trademarks not only includes but also recognise collective marks[38] in respect of collective services or goods produced by an association. Colour marks[39], which displays the colour of the combination of colour marks are recognised and registered as a valid trademark. According to the TRIPS agreement ‘colour combinations shall be eligible for registration as trademarks although members may make registration depending on distinctiveness acquired through use and members may require, as a condition of registration, that signs be visually perceptible.[40]Further, there are Certification marks[41], which is mostly recognized to certify the goods and services with a given quality. Likewise, there is recognition of goods through their shape and packaging by Shape marks.[42]Such packing and shape of the marks are in use in contemporary times. Before the introduction of the 1995 Act, shape trademarks were not registerable because a trademark was considered to be something separate and apart from the goods, a material sign to be affixed to the goods or their container.[43]Another view held was that three-dimensional objects were more properly registerable under the Designs legislation if they were novel and original. However, since the definition of “sign” in section 6 of the 1995 Act specifically mentions shape as a sign, there is no doubt that a three-dimensional shape is now registered able as a trademark if it meets the requirements of the Act.[44]Likewise, Taste marks for taste and flavour, feel marks for touch and textures and also textile marks for the textile sectors are newly recognised trademarks of no-traditional types.

On the other hand, well-known trademarks[45] are also recognised which are marks or symbols used in association with a particular type of goods or services generally for a long period and become well-known in association with such goods or services.[46] Moving images and videos clips are also registered and recognised as motion marks. For fragrance or smell, there are scent or smell marks. Likewise, domain names are recognized as the trademark in the internet.[47] Therefore, a lot of development has been made on the evolution of trademarks. Such new type of marks are registerable in most countries and are specifically known as non-traditional trademarks. Such new types of marks have brought a revolutionary change in our perception of trademarks. And it made a drastic change in our attitude towards accepting various types of marks essentially non-traditional types of marks as trademarks.

Interlink Between the Trademark Law and International Agreements

Trademark law, like other areas of intellectual property, has transformed with the globalisation of trade and commerce. Trademark law is being affected by international agreements and has crossed national boundaries. Trademarks, indeed, more than copyrights or patents have gained inherent importance in the world of commerce as it transmits information to consumers. With the advent of globalization, the regional trademark laws were reformed and established community-wide trademarks, distinct from the individual trademarks. Which led to the internationalisation of trademarks law.

In the UK context, reforms of Trade Marks Law was mainly because of the influence of the European Union which formulated the 1994 legislation. Trademarks, thus, took on an increasingly international dimension all the time, and thus the international protection ability of trademark rights takes on even greater importance.[48]

There have been always external influence on domestic intellectual property law. Trade no longer is confined to local or national markets and piracy and counterfeiting are also not confined to domestic markets.[49] This warrants evitable international co-operation at both the international and regional level over procedural and substantive law.[50] To meet the international co-operation with other states at the international level, countries arranged bilateral agreement to have reciprocity of treatment among states. Subsequently, bilateral agreement grew into multilateral agreements to include numbers of states as members.[51]

And therefore, many international and regional organisations for the recognition of intellectual property rights were created to administer these agreements and treaties. WIPO[52] is one such remarkable organisation that is dedicated to promoting the use and protection of intellectual properties. Over a century, international registration of a trademark has been maintained under the provisions of the Madrid Agreement[53] maintained by the WIPO in Geneva. This system was entirely successful and it was the first step towards the era of harmonization. Eventually, many international conventions and treaties were formed for intellectual property rights which confined the trademark law not only to the national boundaries but extended it to the international level and cross national borders.

There are many international conventions and treaties on intellectual property rights but only a few conventions speak on trademarks. Namely; the Paris Convention on Industrial Property[54], the Madrid Agreement[55], the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)[56] and the new conventions; the Trade Mark Law Treaty[57] and the Singapore Treaty on the Law of Trade Marks.[58]

Various International Treaties relating to Trade Marks

Multilateral treaties and agreements such as the Paris Convention, the Madrid Agreement and the Madrid Protocol, TRIPS, the Trademark Law Treaty, and the Singapore Treaty on the Law of Trademarks laid down the norms and guidelines concerning trademarks and allied matters. These treaties introduce the legal regime for the protection of trademarks from an international, community and national perspective. The main purposes of these treaties affecting trademarks are the protection of rights, harmonization of laws and multilateral filing.[59] Following are the five important treaties related to trademark.

Paris Convention[60]

The “Paris Convention for the Protection of Industrial Property” (“Paris Convention”) is administered by WIPO and is the oldest major international treaty concerning the protection of intellectual property.[61] This Convention was adopted in 1883 and has been revised several times. The Paris Convention for the first time provided the regulation for trademarks at the international level. However, in its initial stage, the Convention only applied to industrial property and doesn’t make any difference between the property made through physical labour and the property made through mental labour. It was much after when the later convention felt the need to recognise and differentiate the property made through physical and mental labour. Therefore, later the Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition.[62]

The Paris Convention which now which has now joined by the TRIPS Agreement, remains a primary multilateral agreement for the international protection of marks.[63]The substantive provisions of the Convention fall into three main categories: national treatment, right of priority, common rules.[64]Perhaps the most significant feature of the Paris Convention is that it establishes procedural rules to simplify the acquisition of trademark rights.[65]The Convention provides for the National treatment of the parties by the member states concerning conferment, protection, and enforcement of rights relating to trademarks.[66] No discrimination can be done based on the country of origin or work. The applicant of other states shall be treated at par by the state within the country. The Convention also provides for the reciprocity of treatment of intellectual property including trademark and establishes the principle of priority.[67] The Paris Convection puts light on the relationship between intellectual property and industrial property. And thus it can be emphasised that this Convention attempted to make recognition of pure intellectual property and pure industrial property.

Madrid Agreement[68]

The Madrid Agreement was amended by the Madrid System,[69] which comprises of the Madrid Agreement and Madrid Protocol.[70] The main purpose of this Agreement was to provide a relatively quick and impressive means of obtaining protection of trademarks in several countries through a single filing.[71] To be part of the Agreement the applicant must have an existing registration of trademark in the applicant’s “country of origin’ i.e., the country of Special Union where the applicant has his industrial or commercial establishment. If he has no such establishment or the establishment is not real and effective, then the country of Special Union where he is domicile. And if he has no such domicile, the country of Special Union where he is a national.

The Agreement lays down the procedural requirements for filling, including the specific mentioning of requests for extension of protection of the mark in countries that require such request.[72] The major disadvantage of this system is the central attack for which the Agreement does not provide any safeguard. The central attack on the validity of trademark registration in one state leads to the revocation in every state designated for the protection though the mark might have been unobjectionable in those countries.[73] The agreement was more accurately effective on the international registration of trademarks. An applicant from a member state may secure protection for the trademark in all the member states of the agreement or parties to the Special Union which is facilitated through filing marks registered in a member state with the International Bureau of Intellectual Property established under the agreement.[74]

The Madrid agreement probably attempted to provide the required means for ensuring appropriate procedure of registration of trademarks at the international level which the Paris Convention could not.

TRIPS Agreement[75]

The TRIPS Agreement is an annexe of the WTO[76] agreement which binds all the members of the WTO. The agreement defines what types of marks should be protected and it provides for the protection of the service marks as trademarks. Besides that, it also establishes the minimum rights of the owner by conferring additional protection for marks that are well known in a particular country. The agreement mandates the member states to amend their trademarks laws to bring in harmony with the agreement. It imposes an obligation on the participating states to apply the Paris Convention standards relating to trademarks. It has broadened the definition of the signs capable of being marks. Besides that, it has introduced several new types of marks.[77]

It defines the standards concerning the availability, scope and use of intellectual property rights, including trademarks and other rights of intellectual property rights. It also provides for the protection of undisclosed information and control of anti-competitive practices in contractual licenses.[78] TRIPS agreement have provided required substantive and procedural elements in the protection and regulation of trademarks at all levels. With the provisions of the international law, nations have either structured or restructured their domestic trademark legal framework while accounting for reciprocal arrangements in respecting and extending protection to cross border trademark applications and registrations.[79]

Trade Mark Law Treaty

The Trade Mark Law Treaty (TLT) was signed in Geneva on 28th October 1994. The scope of this treaty is much more limited than the other treaties relating to the trademarks that have been discussed above. The Trademark Law Treaty aims to regulate and rationalise national and regional trademark registration procedures. This is achieved through the simplification and harmonization of certain features of those procedures, thus making trademark applications and the administration of trademark registrations in multiple jurisdictions less complex and more predictable.[80] The provision of the Treaty does not apply to specific marks such as collective marks, certification marks and guarantee marks. However, the treaty applies to marks used for good and services but does not recognise any specific marks.

This treaty restricts the use of formal administrative necessities of the national offices of signatory countries by establishing standards for registration. The changes after registration and the renewal of trademarks attempt to simplify and harmonize procedures of the registration of the trademark. In particular, the TLT specifies that attestation, notarization, authentication, legalization or certification of signatures are not required, except in the case of the surrender of a registration.[81]

Singapore Treaty on Trade Mark[82]

The Singapore Treaty on the Law of Trademarks was adopted in 2006 in Singapore. This treaty broadens the scope of the Trademark Law Treaty. Compared to the TLT which covered only visible marks the Singapore Treaty encompasses any mark that a contracting party may offer. So, it is clear that this treaty was formed under the purpose of updating the TLT.

This treaty deals mainly with procedural aspects of trademark registration and licensing, ensures that brand owners using the trademark system benefit from greater flexibilities and efficiencies in the delivery of trademark registration services.[83]This treaty applies to a new set of marks which includes hologram marks, motion marks, colour marks, marks with non-visible signs, e.g., sound, olfactory or taste and feel marks.[84] This treaty mainly came into force due to the ‘dot.com revolution’. Way back in 1994, e-mails and internet-based communication were not introduced. Wherein the TLT which do not provide any recognition and registration to such a new face of technology, the Singapore Treaty was adopted in form of a modernised framework for the harmonization of administrative trademark registration procedures, including registration of no-traditional or newly introduced trademarks.

The Singapore Treaty creates an Assembly of the Contracting Parties, which among other powers, allows for modification of the Treaty regulations and model forms. The main function of this Assembly is to keep the Treaty updated.[85]The Treaty is open to States members of WIPO and certain intergovernmental organizations.[86]Unlike the TLT, the Singapore Treaty is much updated whether it may follow closely on the TLT. This treaty is separate from the TLT. The Treaty can be either joined together or can function individually.

References:

[1]Section 1(1) of the Trade Mark Act 1994 defines ‘trade mark’. ‘In this Act a “trade mark” means any sign capable of being represented graphically which is capable of distinguishing goods and services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or shape of goods or their packaging.’ See: Morcom, Roughton & Malynicz,“Definition of trademark”,The Modern Law of Trade Marks (3rd, LexisNexis, UK 2008) 53-68.

2Catherine Colston, Principles of Intellectual Property Law (1st, Cavendish Publishing Limited, Great Britain 1999) 343.[3] See page no 13.
[4] See page no. 14.
[5]Dr. M. K. Bhandari, Law Relating to Intellectual Property Rights (2nd, Central Law Publications, 2011) 146.[6]L. Chandrakanti, ‘Protection of Trademarks: An Overview of Trademark Law in India ‘ in Dr. Sreenivasulu N.S. (eds), Intellectual Property Rights (2nd, Regal Publications, New Delhi 2011).

[7]Section 1(1), the Trade Mark Act 1994. The Trade Marks Act 1994 (TMA 1994), which came into force on 31 October 1994, introduced a new trade mark Law for the UK. The old law was complex, the statute (TMA 1938) was difficult to use and the protection given to trade marks had fallen behind trading practices.
[8]Supra Note. 6.
[9]Supra Note. 6. Also see: Hector MacQueen, Charlotte Waelde, Graeme Laurie & Abbe Brown, Contemporary Intellectual Property: Law and Policy (2nd, Oxford University Press, Oxford 2010) 570-580.
[10]Hector MacQueen, Charlotte Waelde, Graeme Laurie, Abbe Brown. Contemporary Intellectual Property: Law and Policy (2nd , OUP Oxford, Oxford 2010.)

[11]Ono, Dr. Shoen. Overview of Japanese Trademark Law. (2nd, Yuhikaku, 1999) 1. <http://www.iip.or.jp/e/e_publication/ono/ch2.pdf>. visited on 16th October 2014.

[12]Ibid.
[13] Narayanan, P.“Evolution of Trade Mark Law.”,Intellectual Property Law. (3rd, Eastern Law House, 2007) 147-148.

[14]Shirolikar,Manisha, “HISTORY AND EVOLUTION OF TRADEMARK SYSTEM.” 2011. Sinapse: India’s Leading Intellectual Property Tracker.<http://www.bananaip.com/sinapse-blog/2011/01/history-and-evolution-of-trademark.html>. visited on 16th October 2014.

[15]TheTrade Marks Registration Act, 1875.
[16]Supra note. 14.
[17]The Patents, Design and Trademark Act, 1883.
[18]Supra Note.14.
[19]The Trade Marks Act, 1905. An act to authorize the registration of trademarks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same.
[20]The Trade Marks Act, 1938. An Act to consolidate the Trade Marks Act, 1905, the Trade Marks Act, 1919, and the Trade Marks (Amendment) Act, 1937.
[21]The Trade Marks Act, 1940. An Act to provide for the registration and more effective protection of Trade Marks.
[22]The Trade & Merchandise Mark Act, 1958. An Act to provide for the registration and better protection of trademarks and for the prevention of the use of fraudulent marks on merchandise.
[23]The Trademark Act, 1999. This Act replaces the Trade and Merchandise Marks Act, 1958 (43 of 1958) which is repealed by this Act. An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
[24]Supra Note.14.
[25]Indian Penal Code (IPC) 1860 as amended in 2013.
[26] Sreenivasulu S. N., Law Relating to Intellectual Property(Partridge Publishing, 2013). <http://books.google.co.in/books?id=Bz2VAgAAQBAJ&printsec=frontcover#v=onepage&q&f=false>. visited on 16th October 2014.

[27] Section 54 of The Specific relief Act, 1877.
[28]Supra Note. 26.
[29]Supra Note. 22.
[30]Supra Note. 26.
[31]The Registration Act, 1908.
[32]Supra Note. 26.
[33]Supra Note. 23.
[34]Supra Note. 26.
[35]L. Chandrakanti, ‘New Trends in Trademarks ‘ in Dr. Sreenivasulu N.S. (eds), Intellectual Property Rights (2nd, Regal Publications, New Delhi 2011). 159-169.
[36]Ibid.
[37]Ibid.
[38]Collective marks are usually defined as signs which distinguish the geographical origin, material, and mode of manufacture or other common characteristics of goods or services of different enterprises using the collective mark. The owner may be either an association of which those enterprises are members or any other entity, including a public institution or a cooperative.

See :<http://www.wipo.int/sme/en/ip_business/collective_marks/collective_marks.htm> visited on 18th October 2014.
[39]A colour, by itself or in combination with other colours and/or any of the other features which fall within the definition of a sign, may be used as a trade mark.

See: http://www.wipo.int/export/sites/www/sct/en/comments/pdf/sct17/au_1.pdf visited on 18th October 2014.
[40]Supra Note. 35.
[41]Certification marks are usually given for compliance with defined standards, but are not confined to any membership. They may be used by anyone who can certify that the products involved meet certain established standards. See: <http://www.wipo.int/sme/en/ip_business/collective_marks/certification_marks.htm> visited on 18th October 2014.
[42]Shape mark is a three dimensional trade mark which represent the container of the product, the packaging of the product, and the dimensional shape of the product.
[43]See: Coca-Cola Trade Marks [1986] RPC 421, the Coca-Cola bottle case.
[44]See: Document in http://www.wipo.int/export/sites/www/sct/en/comments/pdf/sct17/au_1.pdf visited 18th October 2014.
[45]Well-known trade and service marks are signs which are considered a reproduction, imitation or translation of that mark provided that they are likely to cause confusion in the relevant sector of the public.See: http://www.wipo.int/sme/en/ip_business/marks/well_known_marks.htm visited on 18th October 2014.
[46]Supra Note. 35.
[47]Ibid.
[48]Torremans, Paul. HOLYOAK & TORREMANS, Intellectual Property Law. (4th, Oxford University Press, 2005). 363-397.

[49]Supra Note. 26.
[50]Ibid.
[51]Ibid.
[52]World Intellectual Property Organization. WIPO is the global forum for intellectual property services, policy, information and cooperation. A self-funding agency of the United Nations, with 187 member states. See:<http://www.wipo.int/about-wipo/en/>
[53]Madrid Agreement Concerning the International Registration of Marks of 14th April 1891.
[54]See page no. 12.
[55]See page no. 13.
[56]The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.
[57]See apge no. 15.
[58]See page no. 16.
[59]Fact Sheets Cross-Border Topics. 2014. <http://www.inta.org/TrademarkBasics/FactSheets/Pages/InternationalTreaties.aspx>. visited on 16th October 2014.

[60] Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, and as amended on September 28, 1979

[61]Supra Note. 59
[62]See: Summary of the Paris Convention for the Protection of Industrial Property (1883) on http://www.wipo.int/treaties/en/ip/paris/summary_paris.html visited on 18th October 2014.
[63]David lange, Mary LaFrance, Gary Myers. Intellectual Property (Cases and Materials): American Case Book Series . (West Group, 1998).

[64]Supra Note. 62.
[65]Ibid.
[66]Supra Note. 26.
[67]Ibid.
[68]Madrid Agreement Concerning the International Registration of Marks of April 14, 1891, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Nice on June 15, 1957, and at Stockholm on July 14, 1967, and as amended on September 28, 1979.

[69]Madrid system is the International Trademark System which constitute the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on December 1, 1995, and came into operation on April 1, 1996.

[70]Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on June 27, 1989, as amended on October 3, 2006 and on November 12, 2007.
[71]Morcom, Ronghton & Malynicz. The Modern Law Of Trade Marks. 3rd. 769-789.

[72]Ibid.
[73]Supra Note. 26.
[74]Ibid.
[75]Supra Note. 56.
[76]The World Trade Organization (WTO) deals with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible. See: <http://www.wto.org/>
[77]Supra Note. 26.
[78]Supra Note. 59.
[79]Supra Note. 26.
[80]See: Summary of the Trademark Law Treaty (TLT) (1994) on http://www.wipo.int/treaties/en/ip/tlt/summary_tlt.html visited on 20th October 2014.
[81]Supra Note. 59.
[82] The Singapore Treaty on the Law of Trademarks. This treaty was adopted on March 27, 2006 at Singapore,

And entered into force on March 16, 2009.
[83]Supra Note. 26.
[84]Ibid.
[85]See: Summary of the Singapore Treaty on the Law of Trademarks (2006) on http://www.wipo.int/treaties/en/ip/singapore/summary_singapore.html visited on 201h October 2014.
[86]Ibid.

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