The concept of a well known mark was developed in the context of Article 6 from the Convention of Paris to protect marks, which were widely known but not registered.
The adequate protection of these trademarks has become one of the most important elements in the development of the international trade and the global transaction.
However this depends always from the interpretation of the authorities of each and county and of full discretionary power of the competent court that shall take into consideration some of all of the following criteria.
- The degree of knowledge or recognition of the mark in the relevant sector of the public.
- The duration, extent and geographical area of any use or advertising of the mark. Relevant sectors of the public shall include, but shall not necessarily be limited to:
a. Actual and/or potential consumers of the type of goods and/or services to which the mark applies.
b. Persons involved in channels of distribution of the type of goods and/or services to which the mark applies.
c. Business circles or economic circles dealing with the type of goods and/or services to which the mark applies.
Our Firm has an extensive practice in both counseling and litigation cases which are related these areas we assist and represent the interests of Foreign and local Clients, in all procedures related to their trademarks and Designs.
Our lawyers are specialized in the Intellectual property; they understand the business needs of our clients and always ready provide them with a premium legal advice with the finest business approach needed for the success for their commercial project taking into consideration the practical needs of clients from diverse market worldwide.