États-Unis d'Amérique

Royaume-Uni

Marques de fabrique ou de commerce

1. Section 56(3) of the Trade Marks Act 1994 appears to permit the use of a well-known mark, by other than the proprietor of the mark, if the use began prior to the passage of the current law. Please explain whether this is an accurate understanding of this provision and, if so, how this is consistent with Article 2 of the TRIPS Agreement, to the extent it incorporates Article 6bis of the Paris Convention, and Articles 16.2 and 16.3 of the TRIPS Agreement.

Section 56(3) of the Trade Marks Act 1994 does not permit the use of a well-known mark, by other than the proprietor of the mark, if such use began before the commencement of the current law. Rather it ensures that means of other than Section 56(2) must be relied upon to prevent the continuation of any bona fide use of a trademark begun before the commencement of the section; for example, the law of passing off.