Hong Kong Copyright Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
Many countries protect unregistered well-known marks in accordance with their international obligations under the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement).
Consequently, not only big companies but also SMEs may have a good chance of establishing enough goodwill with customers so that their marks may be recognized as well-known marks and acquire protection without registration. It is, nevertheless, advisable to seek registration, taking into account that many countries provide for an extended protection of registered well-known marks against dilution (Art. 16.3 TRIPS), i.e., the reputation of the mark being weakened by the unauthorized use of that mark by others.
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A number of trademark laws merely implement obligations under Article 16.3 of the TRIPS Agreement and protect well-known registered trademarks only under the following conditions: 1- that the goods and services for which the other mark is used or is seeking protection are not identical with or similar to the goods for which the well-known mark acquired its reputation 2- that the use of the other mark would indicate a connection between these goods and the owner of the well-known mark, and 3 - that their interests are likely to be damaged by such use.
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ATAHK provides International Trademark Registration (Madrid Trademark, Malaysia, Hong Kong, China, Taiwan, Korea, France, Japan, Germany, USA, Indonesia, Thailand, Brunei and 200 more countries). We also provide Intellectual Property rights (Patent and Copy right) and Brand Operating Service. Contact us at 603-21418908 for FREE consultation.