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Well-known trademarks


The Parties shall cooperate with the purpose of making protection of well-known trademarks, as referred to in Article 6 bis of the Paris Convention and in Article 16.2 and 16.3 of the TRIPS Agreement, effective.



Article 195


Rights conferred by a trademark


The registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:


(a) any sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered;


(b) any sign where, because of its identity with, or similarity to, the trade mark and the identity or similarity of the goods or services covered by the trade mark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trade mark.



Article 196


Exceptions to the rights conferred by a trademark


1. The Parties shall provide for the fair use of descriptive terms, including geographical indications, as a limited exception to the rights conferred by a trademark provided


EN 125 EN

that such limited exceptions take account of the legitimate interests of the owner of the trademark and of third parties. Under the same conditions, the Parties may provide for other limited exceptions.


2. The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:


(a) his own name or address;


(b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;


(c the trade mark where it is necessary to indicate the intended purpose of a

product or service, in particular as accessories or spare parts provided he uses

them in accordance with honest practices in industrial or commercial matters.


3. The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognized by the laws of the Parties in question and within the limits of the territory in which it is recognized.



Article 197


Use of trademarks


1. If, within a period of five years following the date of the completion of the registration procedure, the proprietor has not put the trade mark to genuine use in connection with the goods or services in respect of which it is registered in the relevant territory, or if such use has been suspended during an uninterrupted period of five years, the trade mark shall be subject to the sanctions provided for in this Article, unless there are proper reasons for non-use.


2. The following shall also constitute use within the meaning of paragraph 1:


(a) use of the trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered;


(b) affixing of the trde mark to goods or to the packaging thereof solely for export purposes.


3. Use of the trade mark with the consent of the proprietor or by any person who has authority to use a collective mark or a guarantee or certification mark shall be deemed to constitute use by the proprietor within the meaning of paragraph 1.



Article 198


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