Page 383 - Regional Comprehensive Economic Partnership (RCEP)

(d) an opportunity to do at least one of the following in relation
2. Each Party shall also provide that signs that may serve as to a trademark after it has been registered:
geographical indications are capable of protection under its
trademark system in accordance with its laws and regulations. (i) oppose the registration;

(ii) seek revocation of the registration;
Article 11.21: Trademarks Classification System
(iii) seek cancellation of the registration; or
1. Each Party shall adopt or maintain a trademark classification
system that is consistent with the Nice Agreement Concerning the (iv) seek invalidation of the registration; and
International Classification of Goods and Services for the
Purposes of the Registration of Marks done at Nice on 15 June (e) a requirement that administrative decisions in opposition,
17
1957, as amended from time to time (hereinafter referred to as revocation, cancellation, or invalidation proceedings shall
the “Nice Agreement” in this Chapter). be reasoned and in writing. Such decisions may be
provided electronically.
2. A Party that relies on translations of the classification system
established by the Nice Agreement (hereinafter referred to as the 2. Each Party shall provide:
“Nice Classification” in this Chapter) shall follow updated versions
of the Nice Classification to the extent that official translations (a) a system for the electronic application for processing,
have been issued and published. registering, and maintenance of, trademarks; and

(b) a publicly accessible online electronic database of
Article 11.22: Registration and Applications of Trademarks trademark applications and registrations.

1. Each Party shall provide a system for the registration of
trademarks, which shall include: Article 11.23: Rights Conferred

(a) a requirement to provide to the applicant a communication Each Party shall provide that the owner of a registered trademark shall
in writing, which may be provided electronically, of the have the exclusive right to prevent all third parties not having the owner’s
reasons for a refusal to register a trademark; consent from using in the course of trade identical or similar signs for
goods or services that are identical or similar to those goods or services
(b) an opportunity for the applicant to respond to in respect of which the trademark is registered, where such use would
communications from the Party’s competent authorities, to result in a likelihood of confusion. In the case of the use of an identical
contest an initial refusal, and to make a judicial appeal of a sign for identical goods or services, a likelihood of confusion shall be
final refusal to register a trademark; presumed. The rights described in this Article shall not prejudice any
existing prior rights, nor shall they affect the possibility of a Party making
(c) an opportunity to do at least one of the following in relation rights available on the basis of use.
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;

17 For the purposes of this subparagraph, “administrative decisions” include quasi-
judicial decisions.

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