OpenLegislation

Paragraph 17 F1

United Kingdom

(1)

In section 56(1) (protection of well-known trade marks)—

(a)

after “Paris Convention” insert “or the WTO agreement”;

(b)

in paragraph (a), after “national of” insert “the United Kingdom or”;

(c)

in paragraph (b), after “establishment in,” insert “the United Kingdom or”.

(2)

In section 56(2)—

(a)

after “Paris Convention” insert “or the WTO agreement”;

(b)

for the words from “his mark” to “confusion” substitute—

“the well known trade mark—

(a)

in relation to identical or similar goods or services, where the use is likely to cause confusion, or

(b)

where the well known trade mark has a reputation in the United Kingdom and the use of the other trade mark—

(i)

is without due cause, and

(ii)

takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the well known trade mark”.

(3)

After section 56(2) insert—

“(2A)

Subsection (2)(b) applies irrespective of whether the goods or services in relation to which the other trade mark is used are identical with, similar to or not similar to those for which the well known trade mark is entitled to protection.”.

Annotations

Textual amendments

F1

Sch. paras. 17, 17A substituted for Sch. para 17 (10.7.2025) by The Trade Marks (Isle of Man) (Amendment) Order 2025 (S.I. 2025/679), art. 1, Sch. para. 2