Relationship to Trademarks. 1. A Party shall refuse to register or shall invalidate a trademark that corresponds to any of the situations referred to in Article 233 paragraph 1 in relation to a protected geographical indication for like products, provided that an application to register that trademark is submitted after the date of application for protection of the geographical indication in the territory concerned.
2. For geographical indications referred to in Article 231, the date of application for protection shall be the date of entry into force of this Agreement.
3. For geographical indications referred to in Article 232, the date of application for protection shall be the date of the transmission to the other Party of a request to protect a geographical indication.
4. Without prejudice to point (b) of Article 232 paragraph 2, each Party shall protect geographical indications listed in Annex X where a prior trademark exists. A prior trademark means a trademark the use of which corresponds to one of the situations referred to in Article 233 paragraph 1 and which has been applied for, registered or established by use, if that possibility is provided for by the legislation of a Party, in good faith in the territory of one Party before the date on which the application for protection of the geographical indication is submitted by the other Party under this Agreement. Such trademark may continue to be used and may be renewed notwithstanding the protection of the geographical indication, provided that no grounds for the trademark's invalidity or revocation exist in the legislation on trademarks of either Party.
5. By way of derogation from paragraph 4, prior trademarks of the Republic of Armenia which consist of or contain the geographical indication of the European Union "Cognac" or "Champagne", including in transcription or translation, registered for like products and not complying with the relevant specification, shall be invalidated, revoked or modified in order to eliminate that name as an element of the whole trademark, at the latest within 14 years for "Cognac" and two years for "Champagne", following the entry into force of this Agreement.
Relationship to Trademarks. 1. When a trademark has been applied for or registered in good faith, or when rights to a trademark have been acquired through use in good faith, in a Party before the applicable date set out in paragraph 2, measures adopted to implement this Sub-Section in that Party shall not prejudice eligibility for or the validity of the trademark, or the right to use the trademark, on the basis that the trademark is identical with, or similar to, a geographical indication.
2. For the purposes of paragraph 1, the applicable date is:
(a) the date of entry into force of this Agreement with regard to geographical indications referred to in Article 12.25 (Established Geographical Indications); or
(b) the date on which the competent authority of a Party receives from the other Party a request with a complete application for the protection of an additional geographical indication as referred to in Article 12.26 (Amendment of the List of Geographical Indications).
3. A trademark as referred to in paragraph 1 may continue to be protected, used and renewed notwithstanding the protection of the geographical indication, provided that no grounds for the trademark's invalidity or revocation exist in the domestic legislation on trademarks of the Party concerned.
Relationship to Trademarks. 1. The Parties shall, where a geographical indication is protected under this Sub-Section, refuse to register a trademark the use of which would contravene paragraph 1 of Article
Relationship to Trademarks. 1. The Parties shall, where a geographical indication is protected under this Sub-Section, refuse to register a trademark the use of which would contravene paragraph 1 of Article X.34 (Protection of Geographical Indications), provided an application to register the trademark is submitted after the date of submission of the application for protection of the geographical indication in the territory of the Party concerned.
2. Trademarks registered in breach of the first subparagraph shall be invalidated.
3. For geographical indications referred to in Article X.32 (Procedures), the date of submission of the application for protection referred to in paragraph 1 shall be the date of entry into force of this Agreement.
4. For geographical indications referred to in Article X.33 (Amendment of the List of Geographical Indications), the date of submission of the application for protection referred to in paragraph 1 shall be the date of the transmission of a request to the other Party to protect a geographical indication.
5. Without prejudice to paragraph 5 of the present Article, the Parties shall protect geographical indications also where a prior trademark exists. A prior trademark shall mean a trademark the use of which contravenes paragraph 1 of Article X.34 (Protection of Geographical Indications) which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in good faith in the territory of one Party before the date on which the application for protection of the geographical indication is submitted by the other Party under this Agreement.
6. Such trademark may continue to be used and renewed for that product notwithstanding the protection of the geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist in the legislation on trademarks of the Parties. In such cases, the use of the protected geographical indication shall be permitted as well as the use of the relevant trademarks.
7. A Party shall not be required to protect a name as a geographical indication under this Sub- Section if, in light of a trademark’s reputation and renown and the length of time it has been used, that name is liable to mislead the consumer as to the true identity of the product.
Relationship to Trademarks. 1. The Parties shall, where a geographical indication is protected under this Agreement, refuse to register a trademark the use of which would be contrary to Article 121(1), provided an application to register the trademark is submitted after the date of submission of the application for protection of the geographical indication in the territory of the Party concerned.
2. For geographical indications referred to in Article 119, the date of submission of the application for protection referred to in paragraph 1 of this Article shall be the date of entry into force of this Agreement.
3. Trademarks registered in breach of paragraph 1 shall be invalidated.
4. For geographical indications referred to in Article 120, the date of submission of the application for protection referred to in paragraph 1 of this Article shall be the date of the transmission of a request to the other Party to protect a geographical indication.
5. Without prejudice to paragraph 7, each Party shall protect geographical indications also where a prior trademark exists. A "prior trademark" means a trademark the use of which is contrary to Article 121(1) and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in good faith in the territory of one Party before the date on which the application for protection of the geographical indication is submitted by the other Party under this Agreement.
6. A prior trademark may continue to be used and renewed notwithstanding the protection of the geographical indication, provided that no grounds for the invalidity or revocation of the trademark exist in the legislation on trademarks of each Party. In such cases, the use of the protected geographical indication as well as the use of the relevant trademarks shall be permitted.
7. A Party shall not be required to protect a name as a geographical indication under this Agreement if, in light of a trademark's reputation and renown and the length of time it has been used, that name is liable to mislead the consumer as to the true identity of the product.
Relationship to Trademarks. 1. The registration of a trademark that contains or consists of a geographical indication of the other Party listed in Annex 18-B (Lists of geographical indications) shall be refused or invalidated, ex officio, if the Party's laws and regulations so permit or at the request of an interested party, with respect to a good that falls within the product class specified in Annex 18-A (Product classes) for that geographical indication and that does not originate in the place of origin specified in Annex 18‑B (Lists of geographical indications) for that geographical indication.
2. If a trademark has been applied for or registered in good faith, or if rights to a trademark have been acquired through use in good faith, in a Party before the date of protection of that geographical indication referred to in Article 18.35 (Date of protection), measures adopted to implement this Sub-Section in that Party shall not prejudice the eligibility for or the validity of the registration of the trademark, or the right to use the trademark, on the basis that the trademark is identical with, or similar to, a geographical indication. Such trademark may continue to be used and renewed for that good notwithstanding the protection of the geographical indication, provided that no grounds for the trademark's invalidity or revocation exist in the Party's law on trademarks.
3. A Party's law may provide that any request made in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Party or after the date of registration of the trademark in that Party, provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in that Party.
