question is limited to the purpose of mere identification or information and cannot mislead the
public as to the source of the goods or services.
(4) Registration of a mark does not confer on its owner the right to prohibit a third
party from making use of the mark in relation to goods that have been lawfully sold under the
mark on the national territory of the member State in which the right of prohibition is
exercised, on condition that the goods have not undergone any alteration.
TITLE II
FILING, REGISTRATION AND PUBLICATION
Article 8
Filing of the Application
Any person wishing to obtain the registration of a mark shall file with the Organization
or with the Ministry responsible for industrial property, or send it by registered mail with a
request for acknowledgement of receipt
(a) his application, addressed to the Director General of the Organization in a sufficient
number of copies;
(b) a document proving payment to the Organization of the filing fee;
(c) an unstamped private power of attorney if the applicant is represented by an agent;
(d) a reproduction of the mark, including a list of the goods or services to which the
mark applies, with the corresponding classes of the International Classification of Goods and
Services for the Purposes of the Registration of Marks (Nice Agreement); the number of
reproductions of the mark to be supplied shall be laid down in the Implementing Regulations
relating to this Annex;
(e) the rules referred to in Article 2(2) in the case of a collective mark.
Article 9
Scope of Registration
The mark may be registered for one or more classes of goods or for one or more classes
of services within the meaning of the Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the Registration of Marks.
Article 10
Statement of Filing and
Transmittal of Documents
(1) A statement drawn up by the Organization or by the Ministry responsible for
industrial property shall note each filing and specify the date and time of submission of the
documents.
(2) A copy of the statement shall be issued to the applicant.
(3) The Ministry responsible for industrial property shall transmit the documents to the
Organization within a period of five working days from the filing date.