États-Unis d'Amérique
Irlande
Marques de fabrique ou de commerce
5. Please explain the standard under Irish law that is used to determine whether a mark is well known, consistent with TRIPS Article 16.2.
The protection of well-known trademarks is provided for in the Irish Trade Marks Act 1996, as follows: -Section 10 prohibits the registration of a trademark in various circumstances if the mark is identical with, or similar to, an earlier trademark. Section 11 defines "earlier trademark" as including "a trademark ... entitled to protection under the Paris Convention as a well-known trademark" (Section 11(1)(c); -Section 61 provides that the proprietor of a trademark which is entitled to protection under the Paris Convention as a well-known trademark, may restrain by injunction the use in Ireland of a trademark 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. No standard has been established to determine whether a mark is well known. This is a matter which would fall to be determined in each individual case by taking account of all the relevant factors of the case. The question of the protection afforded by Irish law to the owners of unregistered trademarks generally, is addressed in the reply to question 2 above.