Well-known Status
Well-known trade mark status is commonly granted to famous international trade marks in less-developed legal jurisdictions.
Pursuant to Article 6 bis of the Paris Convention, countries are empowered to grant this status to marks that the relevant authority considers are 'well known'. In addition to the standard grounds for trade mark infringement (same/similar mark applied same/similar goods or services, and a likelihood of confusion), if the mark is deemed well known it is an infringement to apply the same or a similar mark to dissimilar goods/services where there is confusion, including where it takes unfair advantage of the well-known mark or causing detriment to it.
A well-known trademark does not have to be registered in the jurisdiction to bring a trade mark infringement action (equivalent to bringing a passing off claim without having to show goodwill and having a lesser burden of proof).
Read more about this topic: Trademark, International Law
Famous quotes containing the words well-known and/or status:
“The Ultimate Day really begins the night before, when you sit up until one o’clock trying to get things into trunk and bags. This is when you discover the well-known fact that summer air swells articles to twice or three times their original size.”
—Robert Benchley (1889–1945)
“The censorship method ... is that of handing the job over to some frail and erring mortal man, and making him omnipotent on the assumption that his official status will make him infallible and omniscient.”
—George Bernard Shaw (1856–1950)