États-Unis d'Amérique

Royaume-Uni

Marques de fabrique ou de commerce

3. The provision for well-known marks in Section 6(1)(c) of the Trade Marks Act 1994 does not specify that the renown of the mark be determined by taking into account the relevant sector of the public and knowledge obtained through the promotion of the mark, as is required by the TRIPS Agreement. Please explain whether this standard is established by regulation or through case law and, if neither, how the law of the United Kingdom can be considered consistent with Article 16.2 of the TRIPS Agreement.

As US question 3 correctly surmises, the Trade Marks Act 1994 does not specify explicitly that, in determining whether a trademark is well known, account must be taken of the knowledge of the trademark in the relevant sector of the public and knowledge obtained through promotion of the mark. This standard is established by case law. In determining whether a trademark is well known, a court in the United Kingdom would necessarily have to take account of any and all relevant facts upon which it is addressed. In this respect, the law of the United Kingdom is consistent with Article 16.2 of the TRIPS Agreement.