Статья 8.6. Торговые марки / Article 8.6. Trademarks

Article 8.6
Trademarks

1. Each Party shall provide adequate and effective protection of trademarks for goods and services in accordance with its respective laws and regulations and Articles 15 through 21 of the TRIPS Agreement.

2. Each Party shall provide that the owner of a registered trademark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. The rights described above shall not prejudice any existing prior rights, nor shall they affect the possibility of the Parties making rights available on the basis of use.

3. The Parties may provide that using a sign ⁷ means, in particular:

(a) applying the sign to goods or the packaging thereof;

(b) offering or exposing goods for sale, putting them on the market or stocking them for those purposes under the sign, or offering or supplying services under the sign;

(c) importing or exporting goods under the sign;

(d) using the sign on an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document, including any such document in any medium; or

(e) using the sign in advertising.