Trade Marks Act, 1996
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Protection of well-known trade marks: Article 6bis. |
61.—(1) References in this Act to a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark are to a mark which is well known in the State as being the mark of— | |
(a) a national of a Convention country, or | ||
(b) a person who is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country, | ||
whether or not that person carries on business, or has any goodwill, in the State; and references to the proprietor of such a mark shall be construed accordingly. | ||
(2) Subject to section 53 , the proprietor of a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark shall be entitled to restrain by injunction the use in the State of a trade mark which, or the essential part of which, is identical or similar to the proprietor's mark, in relation to identical or similar goods or services, where the use is likely to cause confusion. | ||
(3) Nothing in subsection (2) shall affect the continuation of any bona fide use of a trade mark begun before the commencement of this section. |