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ARTICLE-15: Protectable Subject Matter [go to this ARTICLE]
... 5. Members
shall publish each trademark either before it is registered or
promptly after it is registered and shall afford a reasonable
opportunity for petitions to cancel the registration. In addition,
Members may afford an opportunity for the registration of a trademark
to be opposed. ...
... 5. Members
shall publish each trademark either before it is registered or
promptly after it is registered and shall afford a reasonable
opportunity for petitions to cancel the registration. In addition,
Members may afford an opportunity for the registration of a trademark
to be opposed. ...
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. ...
... 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-21: Licensing and Assignment [go to this ARTICLE]
... Members
may determine conditions on the licensing and assignment of
trademarks, it being understood that the compulsory licensing of
trademarks shall not be permitted and that the owner of a registered
trademark shall have the right to assign the trademark with or
without the transfer of the business to which the trademark belongs.
...
ARTICLE-24: International Negotiations; Exceptions [go to this ARTICLE]
... 5. Where a
trademark has been applied for or registered in good faith, or where
rights to a trademark have been acquired through use in good faith
either: ...
... 7. A
Member may provide that any request made under this Section 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 Member or after the
date of registration of the trademark in that Member 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 Member, provided that the geographical indication is not used
or registered in bad faith. ...
... 2. Where
the acquisition of an intellectual property right is subject to the
right being granted or registered, Members shall ensure that the
procedures for grant or registration, subject to compliance with the
substantive conditions for acquisition of the right, permit the
granting or registration of the right within a reasonable period of
time so as to avoid unwarranted curtailment of the period of
protection. ...
ARTICLE-63: Transparency [go to this ARTICLE]
... 2. Members
shall notify the laws and regulations referred to in paragraph 1
to the Council for TRIPS in order to assist that Council in its
review of the operation of this Agreement. The Council shall attempt
to minimize the burden on Members in carrying out this obligation and
may decide to waive the obligation to notify such laws and
regulations directly to the Council if consultations with WIPO on the
establishment of a common register containing these laws and
regulations are successful. The Council shall also consider in this
connection any action required regarding notifications pursuant to
the obligations under this Agreement stemming from the provisions of
Article 6ter of the Paris Convention (1967). ...