Page 382 - Regional Comprehensive Economic Partnership (RCEP)

2. Each Party shall also provide that signs that may serve as
geographical indications are capable of protection under its
trademark system in accordance with its laws and regulations.

Article 11.21: Trademarks Classification System

1. Each Party shall adopt or maintain a trademark classification
system that is consistent with the Nice Agreement Concerning the
International Classification of Goods and Services for the
Purposes of the Registration of Marks done at Nice on 15 June
1957, as amended from time to time (hereinafter referred to as
the “Nice Agreement” in this Chapter).

2. A Party that relies on translations of the classification system
established by the Nice Agreement (hereinafter referred to as the
“Nice Classification” in this Chapter) shall follow updated versions
of the Nice Classification to the extent that official translations
have been issued and published.

Article 11.22: Registration and Applications of Trademarks

1. Each Party shall provide a system for the registration of
trademarks, which shall include:

(a) a requirement to provide to the applicant a communication
in writing, which may be provided electronically, of the
reasons for a refusal to register a trademark;

(b) an opportunity for the applicant to respond to
communications from the Party’s competent authorities, to
contest an initial refusal, and to make a judicial appeal of a
final refusal to register a trademark;

(c) an opportunity to do at least one of the following in relation
to a trademark before it has been registered:

(i) oppose a trademark application; or

(ii) provide the competent authority with information
that the trademark application does not satisfy the
requirements for registration;

11-12