(1)References in this Act to a trade mark which is entitled to protection under the Paris Convention [F1or the WTO agreement] as a well known trade mark are to a mark which is well-known in the United Kingdom as being the mark of a person who—
(a)is a national of a Convention country, or
(b)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 the United Kingdom.
References to the proprietor of such a mark shall be construed accordingly.
(2)The proprietor of a trade mark which is entitled to protection under the Paris Convention [F1or the WTO agreement] as a well known trade mark is entitled to restrain by injunction the use in the United Kingdom of a trade mark 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.
This right is subject to section 48 (effect of acquiescence by proprietor of earlier trade mark).
(3)Nothing in subsection (2) affects the continuation of anybona fide use of a trade mark begun before the commencement of this section.
Textual Amendments
F1Words in s. 56(1)(2) inserted (29.7.1999) by S.I. 1999/1899, reg. 13(4) (with reg. 14(1))