Well-known Trademarks. The Parties shall co-operate with the purpose of making protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention and Article 16.2 and 16.3 of the TRIPS Agreement, effective.
Well-known Trademarks. Each Party shall give effect to Article 6bis of the Paris Convention and Article 16(2) and (3) of the TRIPS Agreement concerning the protection of well-known trademarks, and may take into consideration the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organisation (WIPO) at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO (September 1999).
Well-known Trademarks. The EC and the Signatory CARIFORUM States recall the obligation under the TRIPS Agreement to apply the concept of well-known marks to service marks. In determining whether a trademark is well-known, the EC Party and the Signatory CARIFORUM States shall endeavour to apply the Joint Recommendation adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO, 20 to 29 September 1999.
Well-known Trademarks. For the purpose of giving effect to protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention (1967) and Article 16(2) and (3) of the TRIPS Agreement, each Party shall apply the Joint Recommendation adopted by the assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organization (WIPO) at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO (September 1999). 4 The Parties may take additional appropriate measures with a view to ensure the smooth transit of generic medicines.
Well-known Trademarks. 1. No Party may require as a condition for determining that a trademark is well-known that the trademark has been registered in that Party or in another jurisdiction.
2. The Parties shall provide protection for well-known trademarks at least in accordance with Article 16.2 and Article 16.3 of the TRIPS Agreement and Article 6bis of the Paris Convention.
Well-known Trademarks. 1. It shall be understood that a trademark is well known in a Party, when a determined sector of the public or commercial circles of the Party is aware of the trademark, as a consequence of the commercial activities developed in that Party or outside it, by a person who uses that trademark in relation to its goods or services, as well as when the trademark is known in the territory of the Party, as a consequence of the promotion or advertising of the same.
2. Each Party shall establish in its legislation the necessary means to prevent or cancel the registration as a trademark of those signs, equal or similar to a well-known trademark, to be applied to any good or service.
3. Each Party shall apply Article 16.3
Well-known Trademarks. 1. Article 6 bis of the Paris Convention shall apply, with appropriate modifications, also to service marks. It shall be understood that a trademark is well known in a Party when the relevant sector of the public or trade circles of that Party, knows the trademark as a consequence of the commercial activities developed in a Party or outside of them, by a person who uses that trademark in relation to his goods or services. For the purpose of proving the notoriety of the trademark, all means of proof admitted in the Party concerned may be used.
2. The Parties shall not register as a trademark those signs equal or similar to a well-known trademark, to be applied to any good or service, in any case in which the use of the trademark by the applicant for its registration could create confusion or risk of association with the person referred to in paragraph 1, or would constitute an unfair advantage of the prestige of the trademark. This prohibition shall not apply when the applicant for registration is the person referred to in paragraph 1.
3. The person bringing the corresponding action against a trademark registration granted in contravention of paragraph 2 shall prove that he is the owner of the well-known trademark he is claiming.
Well-known Trademarks. 1. No Party shall require as a condition for determining that a trademark is well-known that the trademark has been registered in the Party or in another jurisdiction, included on a list of well-known trademarks, or given prior recognition as a well-known trademark.
2. Article 6bis of the Paris Convention shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a well-known trademark, (24) whether registered or not, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided that the interests of the owner of the trademark are likely to be damaged by such use.
3. Each Party recognises the importance of the Joint Recommendation Concerning Provisions on the Protection of Well- Known Marks as adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty- Fourth Series of Meetings of the Assemblies of the Member States of WIPO from 20 to 29 September 1999.
4. Each Party shall provide for appropriate measures to refuse the application or cancel the registration and prohibit the use of a trademark that is identical or similar to a well-known trademark (25), for identical or similar goods or services, if the use of that trademark is likely to cause confusion with the prior well-known trademark. A Party may also provide such measures including in cases in which the subsequent trademark is likely to deceive.
Well-known Trademarks. The Parties shall provide protection for well-known trademarks at least in accordance with Article 16.2 and 16.3 of the TRIPS Agreement and Article 6 bis of the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883.
Well-known Trademarks. Each Party shall apply Article 6 bis of the Paris Convention to service marks.
