États-Unis d'Amérique
Marques de fabrique ou de commerce
5. Please explain how unregistered well-known marks are protected in Italy, as required by TRIPS Articles 16.2 and 16.3.
The special protection of well-known trademarks is due to the fact that signs which are identical with or similar to well-known trademarks, as per Article 6bis of the Paris Convention, are not eligible for registration as trademarks since they are not new, even if registration is applied for in respect of goods which are not similar (see Article 17.1(g) and (h) of Royal Decree No. 929 of 21 June 1942, as replaced by Article 3 of Legislative Decree No. 198 of 19 March 1996). Thus, Italian law complies with Articles 16.2 and 16.3 of the TRIPS Agreement.