Article 4
Acquisition of Rights by Foreigners
Foreigners shall enjoy the benefits of this Annex if they fulfill the conditions imposed
by it.
Article 5
Right to the Mark
(1) Subject to the provisions set forth below, ownership of a mark shall vest in the
person who files it first.
(2) No person may claim exclusive ownership of a mark by performing the acts
specified in the provisions of this Annex unless he has filed it for registration in accordance
with the conditions prescribed in Article 8 below.
(3) Where a mark has been filed by a person who at the time of filing knew, or should
have known that another person had a prior right to use the said mark, the latter may file a
claim of ownership of the mark with the Organization, provided that he does so within six
months following the publication of the record of the first filing.
(4) The Organization shall rule on the priority claim after an inter partes proceeding
provided for in the Regulations.
(5) The use of a mark may only be proved by written or printed matter or documents
contemporaneous with the facts that they seek to establish.
Article 6
Well-Known Marks
The owner of a well-known mark within the meaning of Article 6bis of the Paris
Convention for the Protection of Industrial Property and Article 16, paragraphs (2) and (3), of
the Agreement on Trade Related Aspects of Intellectual Property Rights may apply to the
court for the invalidation, on the national territory of one of the member States, of the effects
of the filing of a mark liable to be confused with his own. Such action may not be taken after
a period of five years has expired following the date of the application in so far as the latter
was filed in good faith.
Article 7
Rights Conferred by Registration
(1) Registration of a mark confers on its owner the exclusive right to use the mark, or a
sign resembling it, in connection with the goods or services for which it has been registered
and similar goods or services.
(2) Registration of the mark likewise confers on the owner the exclusive right to
prevent all third parties from making use in business without his consent, of identical or
similar signs for goods or services that are themselves similar to those for which the
trademark or service mark has been registered where such use is liable to cause confusion.
Where an identical sign is used for identical goods and services, a risk of confusion shall be
presumed to exist.
(3) Registration of the mark does not confer on its owner the right to prohibit a third
party from making use in good faith of his name or address, a pseudonym, a geographical
name or accurate information concerning the nature, quality, quantity, purpose, value, place of
origin or time of production of his goods or rendering of his services in so far as the use in