Vienna Agreement

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

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

The Contracting Parties,

Having regard to Article 19 of the 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,

Have agreed as follows:

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) AThe 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)(a) The Director
General may, and, if requested by the Committee of Experts, shall, invite countries
not members of the Special Union which are members of the Organization or party
to the Paris Convention for the Protection of Industrial Property to be represented
by observers at meetings of the Committee of Experts.

(b) The Director General shall invite intergovernmental
organizations specialized in the field of marks, of which at least one of the
member countries is party to this Agreement, to be represented by observers
at meetings of the Committee of Experts.

(c) The Director General may, and, if requested
by the Committee of Experts, shall, invite representatives of other intergovernmental
and international non-governmental organizations to participate in discussions
of interest to them.

(3) The Committee
of Experts shall:

(i) make amendments
and additions to the Classification of Figurative Elements;

(ii) address recommendations
to the countries of the Special Union for the purpose of facilitating the use
of the Classification of Figurative Elements and promoting its uniform application;

(iii) take all the
other measures which, without entailing financial implications for the budget
of the Special Union or for the Organization, contribute towards facilitating
the application of the Classification of Figurative Elements by developing countries;

(iv) have the right
to establish subcommittees and working groups

(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)(a) Each country member of the Committee of Experts shall have one vote.

(b) The decisions of the Committee of Experts
shall require a simple majority of the countries represented and voting.

(c) Any decision which is regarded by one-fifth
of the countries represented and voting as giving rise to a modification of
the basic structure of the Classification of Figurative Elements or as entailing
a substantial amount of reclassification shall require a majority of three-fourths
of the countries represented and voting.

(d) Abstentions shall not be considered as
votes

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)(a) The Special
Union shall have an Assembly consisting of the countries of the Special Union.

(b) The Government of each country of the
Special Union shall be represented by one delegate, who may be assisted by alternate
delegates, advisors and experts.

(c) Any intergovernmental organization referred
to in Article 5(2)(b) may be represented by an observer in
the meetings of the Assembly, and, if the Assembly so decides, in those of such
committees or working groups as may have been established by the Assembly.

(d) The expenses of each delegation shall
be borne by the Government which has appointed it.

(2)(a) Subject to the provisions
of Article 5, the Assembly shall:

(i)deal with all matters
concerning the maintenance and development of the Special Union and the implementation
of this Agreement;

(ii)give directions
to the International Bureau concerning the preparation for revision conferences;

(iii)) review and
approve the reports and activities of the Director General concerning the Special
Union, and give him all necessary instructions concerning matters within the
competence of the Special Union;

(iv)determine the
program and adopt the biennial budget of the Special Union, and approve its
final accounts;

(v)adopt the financial
regulations of the Special Union;

(vi)decide on the
establishment of official texts of the Classification of Figurative Elements
in languages other than English and French;

(vii) establish such
committees and working groups as it deems appropriate to achieve the objectives
of the Special Union;

(viii) determine,
subject to paragraph (1)(c), which countries not members
of the Special Union and which intergovernmental and international non-governmental
organizations shall be admitted as observers to its meetings, and to those of
any committee or working group established by it;

(ix) take any other
appropriate action designed to further the objectives of the Special Union;

(x) perform such other
functions as are appropriate under this Agreement.

(b) With respect to matters which are of interest
also to other Unions administered by the Organization, the Assembly shall make
its decision after having heard the advice of the Coordination Committee of
the Organization.

(3)(a) Each country member of
the Assembly shall have one vote.

(b) One-half of the countries members of the
Assembly shall constitute a quorum.

(c) In the absence of the quorum, the Assembly
may make decisions but, with the exception of decisions concerning its own procedure,
all such decisions shall take effect only if the conditions set forth hereinafter
are fulfilled. The International Bureau shall communicate the said decisions
to the countries members of the Assembly which were not represented and shall
invite them to express in writing their vote or abstention within a period of
three months from the date of the communication. If, at the expiration of this
period, the number of countries having thus expressed their vote or abstention
attains the number of countries which was lacking for attaining the quorum in
the session itself, such decisions shall take effect provided that at the same
time the required majority still obtains.

(d) Subject to the provisions of Article 11(2),
the decisions of the Assembly shall require two-thirds of the votes cast.

(e) Abstentions shall not be considered as
votes.

(f) A delegate may represent, and vote in
the name of, one country only.

(4)(a) The Assembly shall meet
once in every second calendar year in ordinary session upon convocation by the
Director General and, in the absence of exceptional circumstances, during the
same period and at the same place as the General Assembly of the Organization.

(b) The Assembly shall meet in extraordinary
session upon convocation by the Director General, at the request of one-fourth
of the countries members of the Assembly

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

Article 8
International Bureau

(1)(a) Administrative tasks concerning the Special Union shall be performed
by the International Bureau.

(b) In particular, the International Bureau shall prepare the meetings and
provide the secretariat 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.

(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) (a) The International Bureau
shall, in accordance with the directions of the Assembly, make the preparations
for revision conferences.

(b) The International Bureau may consult with intergovernmental and international
non-governmental organizations concerning preparations for revision conferences.

(c) The Director General and persons designated by him shall take part, without
the right to vote, in the discussions at revision conferences.

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

Article 9
Finances

(1)(a) The Special Union shall have a budget.

(b) The budget of the Special Union shall include the income and expenses proper
to the Special Union, its contribution to the budget of expenses common to the
Unions administered by the Organization and, where applicable, the sum made
available to the budget of the Conference of the Organization.

(c) Expenses not attributable exclusively to the Special Union but also to
one or more other Unions administered by the Organization shall be considered
as expenses common to the Unions. The share of the Special Union in such common
expenses shall be in proportion to the interest the Special Union has in them.

(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:

(i) contributions of the countries of the Special Union;

(ii) fees and charges due for services rendered by the International Bureau
in relation to the Special Union;

(iii) sale of, or royalties on, the publications of the International Bureau
concerning the Special Union;

(iv) gifts, bequests and subventions;

(v) rents, interests and other miscellaneous income.

(4) (a) For the purpose of
establishing its contribution referred to in paragraph (3)(i),
each country of the Special Union shall belong to the same class as it belongs
to in the Paris Union for the Protection of Industrial Property, and shall pay
its annual contribution on the basis of the same number of units as is fixed
for that class in that Union.

(b) The annual contribution of each country of the Special Union shall be an
amount in the same proportion to the total sum to be contributed to the budget
of the Special Union by all countries as the number of its units is to the total
of the units of all contributing countries.

(d) A country which is in arrears in the payment of its contributions may not
exercise its right to vote in any organ of the Special Union if the amount of
its arrears equals or exceeds the amount of the contributions due from it for
the preceding two full years. However, any organ of the Special Union may allow
such a country to continue to exercise its right to vote in that organ if, and
as long as, it is satisfied that the delay in payment is due to exceptional
and unavoidable circumstances.

(e) If the budget is not adopted before the beginning of a new financial period,
it shall be at the same level as the budget of the previous year, as provided
in the financial regulations.

(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) (a) The Special Union shall have a working capital fund which shall be constituted
by a single payment made by each country of the Special Union. If the fund becomes
insufficient, the Assembly shall decide to increase it.

(b) The amount of the initial payment of each country to the said fund or of
its participation in the increase thereof shall be a proportion of the contribution
of that country for the year in which the fund is established or the decision
to increase it is made.

(c) The proportion and the terms of payment shall be fixed by the Assembly
on the proposal of the Director General and after it has heard the advice of
the Coordination Committee of the Organization.

(7) (a) In the headquarters agreement
concluded with the country on the territory of which the Organization has its
headquarters, it shall be provided that, whenever the working capital fund is
insufficient, such country shall grant advances. The amount of those advances
and the conditions on which they are granted shall be the subject of separate
agreements, in each case, between such country and the Organization.

(b) The country referred to in subparagraph (a) and the Organization shall
each have the right to denounce the obligation to grant advances, by written
notification. Denunciation shall take effect three years after the end of the
year in which it was notified.

(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) (a) Any amendment to
the Articles referred to in paragraph (1) shall enter into
force one month after written notifications of acceptance, effected in accordance
with their respective constitutional process, have been received by the Director
General from three-fourth of the countries members of the Special Union at the
time the amendment was adopted.

(b) Any amendment to the said Articles thus accepted shall bind all the countries
which are members of the Special Union at the time the amendment enters into
force, provided that any amendment increasing the financial obligations of countries
of the Special Union shall bind only those countries which have notified their
acceptance of such amendment.

(c) Any amendment accepted in accordance with the provisions of subparagraph
(a) shall bind all countries which become members of the Special Union after
the date on which the amendment entered into force in accordance with the provisions
of subparagraph (a).

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:

(i) signature followed by the deposit of an instrument of ratification, or

(ii) deposit of an instrument of accession.

(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) (a) This Agreement shall be signed in a single original in the English and
French languages, both texts being equally authentic.

(b) This Agreement shall remain open for signature at Vienna until December
31, 1973.

(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) (a) The Director General shall transmit two copies, certified by him, of the
signed text of this Agreement to the Governments of the countries that have
signed it and, on request, to the Government of any other country.

(b) The Director General shall transmit two copies, certified by him, of any
amendment to this Agreement to the Governments of all countries of the Special
Union and, on request, to the Government of any other country.

(c) The Director General shall, on request, furnish the Government of any country
that has signed this Agreement, or that accedes to it, with two copies of the
Classification of Figurative Elements, certified by him, in the English or French
language.

(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:

(i) signatures under paragraph (1);

(ii) deposits of instruments
of ratification or accession under Article 12(2);

(iii) the date of
entry into force of this Agreement under Article 13(1);

(iv) declarations
made under Article 4(5);

(v) declarations and
notifications made in accordance with Article 12(3);

(vi) declarations
made under Article 16(2);

(vii) withdrawals
of any declarations, notified under Article 16(3);

(viii) acceptances
of amendments to this Agreement under Article 11(3);

(ix) the dates on which such amendments enter into force;

(x) denunciations
received under Article 15.

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.

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Vienna Agreement