 |
Law-ref.org | Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) |
Site search
Sister sites
service [Global Index]
ARTICLE-3: National Treatment [go to this ARTICLE]
... 2. Members
may avail themselves of the exceptions permitted under paragraph 1
in relation to judicial and administrative procedures, including the
designation of an address for service or the appointment of an agent
within the jurisdiction of a Member, only where such exceptions are
necessary to secure compliance with laws and regulations which are
not inconsistent with the provisions of this Agreement and where such
practices are not applied in a manner which would constitute a
disguised restriction on trade. ...
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. ...
... 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. ...
... 4. The
nature of the goods or services to which a trademark is to be applied
shall in no case form an obstacle to registration of the trademark. ...
ARTICLE-16: Rights Conferred [go to this ARTICLE]
... 1. The
owner of a registered trademark shall have the exclusive right to
prevent all third parties not having the owner's consent from
using in the course of trade identical or similar signs for goods or
services which are identical or similar to those in respect of which
the trademark is registered where such use would result in a
likelihood of confusion. In case of the use of an identical sign for
identical goods or services, a likelihood of confusion shall be
presumed. The rights described above shall not prejudice any
existing prior rights, nor shall they affect the possibility of
Members making rights available on the basis of use. ...
... 1. The
owner of a registered trademark shall have the exclusive right to
prevent all third parties not having the owner's consent from
using in the course of trade identical or similar signs for goods or
services which are identical or similar to those in respect of which
the trademark is registered where such use would result in a
likelihood of confusion. In case of the use of an identical sign for
identical goods or services, a likelihood of confusion shall be
presumed. The rights described above shall not prejudice any
existing prior rights, nor shall they affect the possibility of
Members making rights available on the basis of use. ...
... 2. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to services. In determining whether a trademark is
well-known, Members shall take account of the knowledge of the
trademark in the relevant sector of the public, including knowledge
in the Member concerned which has been obtained as a result of the
promotion of the trademark. ...
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, 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
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, 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
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
... 3. Article
6bis of the Paris Convention (1967) shall apply, mutatis
mutandis, to goods or services which are not similar to those in
respect of which a trademark is registered, 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
registered trademark and provided that the interests of the owner of
the registered trademark are likely to be damaged by such use. ...
ARTICLE-19: Requirement of Use [go to this ARTICLE]
... 1. If use
is required to maintain a registration, the registration may be
cancelled only after an uninterrupted period of at least three years
of non-use, unless valid reasons based on the existence of obstacles
to such use are shown by the trademark owner. Circumstances arising
independently of the will of the owner of the trademark which
constitute an obstacle to the use of the trademark, such as import
restrictions on or other government requirements for goods or
services protected by the trademark, shall be recognized as valid
reasons for non-use. ...
ARTICLE-20: Other Requirements [go to this ARTICLE]
... The use
of a trademark in the course of trade shall not be unjustifiably
encumbered by special requirements, such as use with another
trademark, use in a special form or use in a manner detrimental to
its capability to distinguish the goods or services of one
undertaking from those of other undertakings. This will not preclude
a requirement prescribing the use of the trademark identifying the
undertaking producing the goods or services along with, but without
linking it to, the trademark distinguishing the specific goods or
services in question of that undertaking. ...
... The use
of a trademark in the course of trade shall not be unjustifiably
encumbered by special requirements, such as use with another
trademark, use in a special form or use in a manner detrimental to
its capability to distinguish the goods or services of one
undertaking from those of other undertakings. This will not preclude
a requirement prescribing the use of the trademark identifying the
undertaking producing the goods or services along with, but without
linking it to, the trademark distinguishing the specific goods or
services in question of that undertaking. ...
... The use
of a trademark in the course of trade shall not be unjustifiably
encumbered by special requirements, such as use with another
trademark, use in a special form or use in a manner detrimental to
its capability to distinguish the goods or services of one
undertaking from those of other undertakings. This will not preclude
a requirement prescribing the use of the trademark identifying the
undertaking producing the goods or services along with, but without
linking it to, the trademark distinguishing the specific goods or
services in question of that undertaking. ...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... 4. Nothing
in this Section shall require a Member to prevent continued and
similar use of a particular geographical indication of another Member
identifying wines or spirits in connection with goods or services by
any of its nationals or domiciliaries who have used that geographical
indication in a continuous manner with regard to the same or related
goods or services in the territory of that Member either (a) for
at least 10 years preceding 15 April 1994 or (b) in good
faith preceding that date. ...
... 4. Nothing
in this Section shall require a Member to prevent continued and
similar use of a particular geographical indication of another Member
identifying wines or spirits in connection with goods or services by
any of its nationals or domiciliaries who have used that geographical
indication in a continuous manner with regard to the same or related
goods or services in the territory of that Member either (a) for
at least 10 years preceding 15 April 1994 or (b) in good
faith preceding that date. ...
... 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. ...
ARTICLE-47: Right of Information [go to this ARTICLE]
... Members
may provide that the judicial authorities shall have the authority,
unless this would be out of proportion to the seriousness of the
infringement, to order the infringer to inform the right holder of
the identity of third persons involved in the production and
distribution of the infringing goods or services and of their
channels of distribution.
...