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Section 36B

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36B. Definitions.—

In this Chapter, unless the context otherwise requires,—

(a) “application”, in relation to a Contracting State or a Contracting Organisation, means an
application made by a person who is a citizen of, or is domiciled in, or has a real and effective
industrial or commercial establishment in, that Contracting State or a State which is a member of that
Contracting Organisation, as the case may be.

Explanation.—For the purposes of this clause, “real and effective industrial or commercial
establishment” means and includes any establishment where some bona fide industrial or commercial
activity takes place and need not necessarily be the principal place of business;

(b) “basic application” means an application for the registration of a trade mark filed under
section 18 and which is used as a basis for applying for an international registration;

(c) “basic registration” means the registration of a trade mark under section 23 and which is used
as a basis for applying for an international registration;

(d) “Common Regulations” means the Regulations concerning the implementation of the Madrid
Protocol;

(e) “Contracting Organisation” means a Contracting Party that is an intergovernmental
organisation;

(f) “Contracting Party” means a Contracting State or Contracting Organisation party to the
Madrid Protocol;

(g) “Contracting State” means a country party to the Madrid Protocol;

(h) “international application” means an application for international registration or for extension
of the protection resulting from an international registration to any Contracting Party made under the
Madrid Protocol;
             (i) “International Bureau” means the International Bureau of the World Intellectual Property
                   Organisation;
             (j) “international registration” means the registration of a trade mark in the register of the
                  International Bureau effected under the Madrid Protocol;

(k) “Madrid Agreement” means the Madrid Agreement Concerning the International Registration
of Marks adopted at Madrid on the 14th day of April, 1891, as subsequently revised and amended;

(l) “Madrid Protocol” means the Protocol relating to the Madrid Agreement Concerning the
International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended
from time to time.