Article 29(a) provides that the owner of a well-known trademark (even if not registered) may apply to the court to prohibit third parties not having the owner's consent from using a trademark which constitutes a reproduction, an imitation, or a translation or contains an essential part which constitutes a reproduction of the well- known trademark, for identical or similar goods for which the trademark is registered, that is likely to create confusion. This also applies to goods or services which are not similar to those in respect of which the trademark is entitled to protection, 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 trademark and provided that the interests of the owner of the trademark are likely to be damaged by such use. In all the foregoing cases, Article 3(l) prohibits the registration of the mark and hence only the owner of the well-known trademark will have the right to have his trademark registered.
Article 29(b) provides that a well-know trademark enjoys protection even if not registered. Article 29(c) provides that a request for the annulment of the registration of a well-know trademark may be submitted within 5 years of the registration of the trademarks but no time limit shall apply where the registration was made in bad faith.
