États-Unis d'Amérique
Marques de fabrique ou de commerce
11. Please explain whether a well-known service mark is granted the same level of protection as well-known trademark under Article 6bis of the Paris Convention, as required under Article 16.2 of the TRIPS Agreement. Please cite any relevant laws, regulations or judicial decisions.
Subsection 4 of section 6 fulfils the obligations contained in Article 6bis of the Paris Convention, as it would give an express right of action against the use of well-known trademarks or service marks, as opposed to their registration. This provision in section 3(2)(v) applies to well-known marks and services in accordance with section 6(4): "(v) if it is identical with, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in Antigua and Barbuda for identical or similar goods or services of another enterprise, or if it is well-known and registered in Antigua and Barbuda for goods or services which are not identical or similar to those in respect of which registration is applied for, provided, in the latter case, that use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark and that the interests of the owner of the well-known mark are likely to be damaged by such use;"