Under s. 4(e) of the Act, a well-known trademark is protected to the extent that a prospective trademark would not be registered if it is identical to, confusingly similar or constitutes a translation of a well-known trade mark in Saint Kitts and Nevis for identical or similar goods or services of another enterprise. If the well-known mark is registered in Saint Kitts and Nevis, the prospective trademark would not be registered even if the goods and services are not identical or similar provided that
1. the use of the prospective mark in relation to those goods and services would indicate a connection between the goods or services and the owner of the well-known trademarks;and
2. the interests of the owner of the well-known mark are likely to be prejudiced by such use.
