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Cap. 597 · Trademarks Act (Cap. 597)

Cap. 597 Art. 126Protection of well- knowntrademarks: Article 6bis.   Cap. 416.

PART VI - INTERNATIONAL MATTERS

Van krachtOfficiële tekst

(1) References in this Act to a trademark which is entitled to protection under the Paris Convention as a well-known trademark are to a mark which is well-known in Malta as being the mark of a person who is a national of a Convention country, or is domiciled in, or has a real and effective industrial or commercial establishment in a Convention country, whether or not that person carries on business, or has any goodwill, in Malta, and reference to the proprietor of such a mark shall be construed accordingly.

(2) Subject to the provisions of article 11, the proprietor of a trademark which is entitled to protection under the Paris Convention as a well-known trademark is entitled to restrain by injunction the use in Malta of a trademark which, or the essential part of which, is identical or similar to his mark, in relation to identical or similar goods or services, where the use is likely to cause confusion.

(3) Nothing in sub-article (2) shall affect the continuation of any use of a trademark begun before the coming into force of bona fide the Trademarks Act.