Page:Lltreaties-ustbv001.pdf/785

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TRADEMARKS (INTER-AMERICAN)—AUGUST 20, 1910
775

origin, one doing business in the locality falsely indicated as that of origin, or in the territory [in] which said locality is situated.

Article IX

Any person in any of the signatory States shall have the right to petition and obtain in any of the States, through its competent judicial authority, the annullment of the registration of a trade-mark, when he shall have made application for the registration of that mark, or of any other mark calculated to be confused, in such state, with the mark in whose annulment he is interested, upon proving:

  • a) That the mark, the registration whereof he solicits, has been employed or used within the country prior to the employment or use of the mark registered by the person registering it, or by the persons from whom he has derived title;
  • b) That the registrant had knowledge of the ownership, employment or use in any of the signatory states, of the mark of the applicant, the annulment whereof is sought, prior to the use of the registered mark by the registrant or by those from whom he has derived title;
  • c) That the registrant had no right to the ownership, employment or use of the registered mark on the date of its deposit;
  • d) That the registered mark had not been used or employed by the registrant or by his assigns within the term fixed by the laws of the State in which the registration shall have been made.

Article X

Commercial names shall be protected in all the States of the Union, without deposit or registration, whether the same form part of a trade-mark or not.

Article XI

For the purposes indicated in the present Convention a Union of American Nations is hereby constituted, which shall act through two International Bureaux established one in the city of Habana, Cuba, and the other in the city of Rio de Janeiro, Brazil, acting in complete accord with each other.

Article XII

The International Bureaux shall have the following duties:

1. To keep a register of the certificates of ownership of trade-mark issued by any of the signatory States.

2. To collect such reports and data as relate to the protection of intellectual and industrial property and to publish and circulate them among the nations of the Union, as well as to furnish them whatever special information they may need upon this subject.