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ARTICLE-15: Protectable Subject Matter [go to this ARTICLE]
... 1. Any
sign, or any combination of signs, capable of distinguishing the
goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark. Such
signs, in particular words including personal names, letters,
numerals, figurative elements and combinations of colours as well as
any combination of such signs, shall be eligible for registration as
trademarks. Where signs are not inherently capable of distinguishing
the relevant goods or services, Members may make registrability
depend on distinctiveness acquired through use. Members may require,
as a condition of registration, that signs be visually perceptible. ...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... 6. Nothing
in this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with respect
to goods or services for which the relevant indication is identical
with the term customary in common language as the common name for
such goods or services in the territory of that Member. Nothing in
this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with respect
to products of the vine for which the relevant indication is
identical with the customary name of a grape variety existing in the
territory of that Member as of the date of entry into force of the
WTO Agreement. ...
... 6. Nothing
in this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with respect
to goods or services for which the relevant indication is identical
with the term customary in common language as the common name for
such goods or services in the territory of that Member. Nothing in
this Section shall require a Member to apply its provisions in
respect of a geographical indication of any other Member with respect
to products of the vine for which the relevant indication is
identical with the customary name of a grape variety existing in the
territory of that Member as of the date of entry into force of the
WTO Agreement. ...
... 8. The
provisions of this Section shall in no way prejudice the right of any
person to use, in the course of trade, that person's name or
the name of that person's predecessor in business, except where
such name is used in such a manner as to mislead the public. ...
... 8. The
provisions of this Section shall in no way prejudice the right of any
person to use, in the course of trade, that person's name or
the name of that person's predecessor in business, except where
such name is used in such a manner as to mislead the public. ...
... 8. The
provisions of this Section shall in no way prejudice the right of any
person to use, in the course of trade, that person's name or
the name of that person's predecessor in business, except where
such name is used in such a manner as to mislead the public. ...
... Without
prejudice to the protection of confidential information, Members
shall provide the competent authorities the authority to give the
right holder sufficient opportunity to have any goods detained by the
customs authorities inspected in order to substantiate the right
holder's claims. The competent authorities shall also have
authority to give the importer an equivalent opportunity to have any
such goods inspected. Where a positive determination has been made
on the merits of a case, Members may provide the competent
authorities the authority to inform the right holder of the names and
addresses of the consignor, the importer and the consignee and of the
quantity of the goods in question. ...