In order to determine the contributive portion of each of the States toward the total sum of the expenses, the contracting States and those that will ultimately become members of the Union will be divided into six classes, each contributing in the proportion of a certain number of units, viz.:

These coefficients will be multiplied by the number of the States of each class, and the sum of the products thus obtained will supply the number of units by which the total expense is to be divided. The quotient will give the amount of the outlay unit.

The contracting States are classed as follows, in view of the division of the expenses:

First class-France, Italy.

Second class-Spain.

Fourth class-The Netherlands.
Fifth class-Servia.

Third class-Belgium, Brazil, Portu- Sixth class-Guatemala, Salvador.1 gal, Switzerland.

The Swiss administration supervises the expenses of the International Office, advances the needful funds, and makes up the yearly account, which will be forwarded to all the other administrations.

The International Office will centralize the information of whatever nature with reference to the protection of international property and will combine same into general statistics to be distributed to all the administrations. It will study the common usefulness which interests the Union and will draw up, with the aid of the documents which are placed at its disposal by the different administrations, a periodical in the French language on the questions concerning the object of the Union.

The numbers of the periodical, the same as all documents published by the International Office, will be distributed amongst the administrations of the States of the Union in proportion to the number of the above-mentioned contributive units. Any supplementary copies and documents which may be asked for, either by the said administrations or by societies or individuals, will be paid for apart. The International Office must hold itself always at the disposal of the members of the Union, in order to supply to them on the questions relating to the international service of industrial property the special information which they may require.

1 Guatemala and Salvador are no longer members of the Union. On the other hand, the States which have become members since 1883, have been ranked at their request in the following classes: Denmark, fourth class; Republic of Domingo, sixth class; United States of America, first class; Great Britain, first class; Japan, second class; Norway, fourth class; Sweden, third class; Tunis, sixth class.

The administration of the country where the next conference is to be held will prepare, with the assistance of the International Office, the work of that conference.

The manager of the International Office will assist at the sittings of the conferences and will take part in the discussions, however, without deliberative vote. He will make a yearly report about his management, which will be communicated to all the members of the Union.

The official language of the International Office will be the French language.

7. The present closing protocol, which will be ratified at the same time as the convention concluded on this day's date, will be considered as forming an integral part of this convention and will have the same force, value, and duration.

In witness whereof the undersigned plenipotentiaries have drawn up this present protocol.

II. ARRANGEMENT OF APRIL 14, 1891.

CONCERNING THE INTERNATIONAL REGISTRATION OF COMMERCIAL AND MANUFACTURING TRADE-MARKS WITH THE ALTERATIONS AND ADDITIONS MADE THEREIN BY THE BRUSSELS CONFERENCE.

Arrangement:

Signature, April 14, 1891, at Madrid.

Deposition of ratifications, June 15, 1892, at Madrid.

Coming into force, July 15, 1902, at Madrid.

Supplementary act:

Signature, December 14, 1900, at Brussels.

Deposition of ratifications (closure of official report), June 14, 1902, at Brussels.

Coming into force, September 14, 1902.

LIST OF STATES WHICH ARE MEMBERS OF THE RESTRICTED UNION.

Belgium, since the arrangement came into force.

Spain, since the arrangement came into force.

France, with Algeria and colonies, since the arrangement came into force.

Switzerland, since the arrangement came into force.

Tunis, since the arrangement came into force.

Holland, with the Dutch East Indies, Surinam, and Curacao, from March 1, 1893.

Portugal, with the Azores and Madeira, from October 31, 1893.

Italy, from October 15, 1894.

Brazil, from October 3, 1896.

The undersigned plenipotentiaries of the States enumerated above and in virtue of Article 15 of the International Convention dated March 20, 1883, for the protection of industrial property, have by mutual agreement, subject to ratification, concluded the following arrangement.

ARTICLE 1. The subjects or citizens of each of the contracting States may insure in all the other States the protection of their manufacturing or commercial trade-marks which have been accepted and deposited in the country of their origin subject to the said marks being deposited at the International Bureau in Berne through the agency of the Government of the said country of origin.

ART. 2. The subjects or citizens of other States which have not joined in the present arrangement are on the same footing as the subjects or citizens of the contracting States provided that they, on the territory of the restricted Union constituted by the said arrangement, satisfy the conditions set forth in Article 3 of the general Convention.

ART. 3. The International Bureau will at once register the marks deposited in accordance with Article 1, and will give notice of such registration to the contracting States. The marks so registered will be published in a supplement to the journal of the International Bureau by means of a block furnished by the depositor.

If the deponent claims the color to be a distinctive feature of his mark he shall be bound:

1. To declare this and to attach to his deposit a description in which the color is mentioned.

2. To attach to his claim copies of the said marks in colors, which will be attached to the notifications made by the International Bureau. The number of these copies will be fixed by the regulation as to the manner of execution. In view of the publicity to be given in the various States to the registered marks, each administration will receive gratis from the International Bureau as many copies of the above-mentioned publication as it may choose to ask for.

ART. 4. Dating from the date of registration so effected at the International Bureau the protection in each of the contracting States will be just the same as if the mark had been first deposited in such State.

ART. 4A. When a mark already deposited in one or more of the contracting States has been afterwards registered at the International Bureau in the name of the same holder or his representative, the international registration will be considered as substituted for the earlier national registrations without prejudice to any rights acquired in connection with the latter.

ART. 5. In those countries where the laws authorize it, the administrations to whom the International Bureau shall notify the registration of a mark shall be entitled to declare that protection can not be granted to this mark in their territory. Such refusal can not be disputed except under the conditions applicable in virtue of the Convention of March 20, 1883, to a mark deposited for national registration.

They must exercise this power within the period fixed by their national law and at latest, within the year of the notification mentioned in Article 3, stating at the same time to the International Bureau the motives for their refusal.

The said declaration so notified to the International Bureau will be at once forwarded by the latter to the administration of the country of origin and to the owner of the mark. The party interested will have the same means of appeal as if the mark had been directly deposited by him in the country where protection is refused.

ART. 5A. The International Bureau will deliver to any person making the request, subject to a fee fixed by regulation, a copy of the memoranda entered in the register relating to any particular mark.

ART. 6. The protection resulting from registration at the International Bureau will last twenty years from the date of registration but may not be claimed on behalf of a mark no longer under legal protection in the country of origin.

ART. 7. Registration may always be renewed in accordance with the provisions of Articles 1 and 3. Six months previous to the expiration of the period of protection the International Bureau will give official intimation thereof to the administration of the country of orgin and the owner of the mark.

ART. 8. The administration of the country of origin will fix at. its pleasure and collect on its own behalf a fee to be claimed from the owner of the mark who asks for international registration. To this fee will be added an international charge of 100 francs for the first mark and 50 francs for every other mark deposited at the same time by the same owner. The annual proceeds of this charge will be divided equally among the contracting States through the agency of the International Bureau after deduction of the common expenses necessary for the execution of this agreement.

ART. 9. The administration of the country of origin will notify to the International Burean any annulations, erasures, renunciations, transmissions, and other changes that may take place in the ownership of the mark.

The International Bureal will register these alterations and give immediate notice thereof in its journal to the contracting administrations and the public.

ART. 9A. When a mark entered in the International Register is transmitted to a person settled in a contracting State other than the country of origin of the mark, the transmission shall be notified to the International Bureau by the administration of the said country of origin. The International Bureau shall register the transmission and after receiving the assent of the administration to which the new holder is subject it will give notice thereof to the other administrations and publish the same in its journal.

It is not the purpose of this provision to modify the law of the contracting State which prohibits the transfer of the mark unless accompanied by the simultaneous cession of the industrial or commercial concern whose products it distinguishes.

No transmission will be registered of any mark entered on the International Register if made in favor of a person not established in one of the signatory countries.

ART. 10. The administration will settle by mutual agreement the details relating to the execution of the present arrangement.

ART. 11. The States of the Union for the protection of industrial property which have not taken part in the present arrangement will be allowed on their request to join the same in the form provided by Article 16 of the Convention of March 20, 1883, for the protection of industrial property.

As soon as the International Bureau is informed that a State has joined the present arrangement it will forward to the administration of such State in conformity with Article 3 a complete list of the marks then enjoying international protection.

This list will of itself insure for the said marks the benefit of previous regulations in the territory of the State so joining and will involve the delay of one year, during which the administration interested may make the declaration provided in Article 5.

ART. 12. The present arrangement will be ratified and the ratifications of the same exchanged at Madrid within a period of six months at latest.

It will come into force in one month from the exchange of ratifications and shall have the same force and duration as the Convention of March 20, 1883.

In witness whereof the plenipotentiaries of the States above enumerated have signed the present arrangement.

III. REGULATION.

FOR THE EXECUTION OF THE ARRANGEMENT OF APRIL 14, 1891, CONCERNING THE REGISTRATION OF INDUSTRIAL OR COMMERCIAL TRADE-MARKS.

[Text approved by all the administrations in 1903.]

ARTICLE 1. All requests for the purpose of securing the international registration of an industrial or commercial trade-mark in