Well-known marks used by third parties prior to the entry into force of the relevant provisions of the Trade Marks Act 1994 continue to be protected as they were prior to the entry into force of the 1994 Act. That is, under the common law tort of passing off. The United Kingdom considers that the protection afforded to well-known marks against use by third parties under the law of passing off fully complies with the requirements of Articles 16.2 and 16.3 of the TRIPS Agreement.
