§10.14. Well-known Signs
a) A well-known distinctive sign shall be infringed by the unauthorized use of a sign identical with or
confusingly similar to that distinctive sign, where such use would indicate a connection between
goods or services and the owner of the well-known sign or the reputation of the well-known
distinctive sign or of its owner is likely to be damaged by such use.
b) In determining whether a distinctive sign is well known, all relevant circumstances shall be taken
into consideration, in particular the following factors:
c) The degree of knowledge of the sign among members of the relevant sector of the public within
the country;
d) The duration, scope and geographical extension of the use of the sign, inside and outside the
country;
e) The duration, scope and geographical extension of the promotion of the sign, inside and outside the
country, including advertising and presentation at fairs, exhibitions or other events, of the
establishment, activity, goods or services to which the sign applies;
f) The existence and age of any registration or registration application for the distinctive sign, in the
country or abroad;
g) The taking of actions to defend the distinctive sign, in particular any decision taken by a national
or foreign authority, in which the sign has been recognized as being well known;
h) The value of any investment made to promote the distinctive sign, or to promote the establishment,
activity, goods or services to which the sign applies.
i) For the purpose of recognizing a sign as well-known it shall be sufficient for the sign to be
generally known in one relevant sector of the public.
j) The following, in particular, shall be considered relevant sectors of the public for the purpose of
recognizing a distinctive sign as well known:
i.
actual or potential consumers of the type of goods or services to which the distinctive sign
applies;
ii.
persons involved in marketing or distribution channels of the type of goods or services to
which the distinctive sign applies;
iii.
the entrepreneurs in the business circles relating to the type of goods, services,
establishment or activity to which the sign applies.
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