On the Inter Partes Effect of a Court’s Recognition of a Trademark as Well Known

On the Inter Partes Effect of a Court’s Recognition of a Trademark as Well Known

Journal article

1 electronic resource (page 870–886)

Paris Convention for the Protection of Industrial Property, Art. 6bis; Law of Ukraine No. 3689-XII dated 15 December 1993 ‘On the Protection of Rights to Marks for Goods and Services’, Art. 25 – Citramon I. Headnotes by the Editorial Office 1. The recognition of a trademark as well known through administrative or judicial procedure is not a method of acquiring rights to a trademark. Additionally, such recognition carries different legal implications. 2. When an administrative authority recognizes a trademark as well known, its decision serves as a tool for safeguarding the rights of the owner of a well-known trademark. 3. The recognition of a trademark as well known by a court is carried out to protect rights to the trademark. Such recognition is not an independent method of protection but rather a condition for granting protection to a party, specifically through invalidating a registration (certificate). 4. A court’s recognition of a trademark as well known on a specific date is thus the establishment of a legal fact, which, in claim-based proceedings within an adversarial process, is necessary for the satisfaction of the claim against a specific infringer.

Crossref

GRUR International ; 74, 9, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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