The Trade Marks (Isle of Man) (Amendment) Order 2025
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Change 1
Schedule Amendments to the Trade Marks (Isle of Man) Order 2013
Article 2 1 The Schedule to the Trade Marks (Isle of Man) Order 2013 is amended as follows. 2 For paragraph 17, substitute— 17 (1) In section 56(1) (protection of well-known trade marks)— (a) after “Paris Convention” insert “or the WTO agreement”; (b) in paragraph (a), after “national of” insert “the United Kingdom or”; (c) in paragraph (b), after “establishment in,” insert “the United Kingdom or”. (2) In section 56(2)— (a) after “Paris Convention” insert “or the WTO agreement”; (b) for the words from “his mark” to “confusion” substitute— the well known trade mark— (a) in relation to identical or similar goods or services, where the use is likely to cause confusion, or (b) where the well known trade mark has a reputation in the United Kingdom and the use of the other trade mark— (i) is without due cause, and (ii) takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the well known trade mark . (3) After section 56(2) insert— (2A) Subsection (2)(b) applies irrespective of whether the goods or services in relation to which the other trade mark is used are identical with, similar to or not similar to those for which the well known trade mark is entitled to protection. . 17A In sections 57(2) and (3) (national emblems etc. of Convention countries) and 58(2) (emblems etc. of certain international organisations) after “Paris Convention” insert “or the WTO agreement”. .
Schedule Amendments to the Trade Marks (Isle of Man) Order 2013
Article 2 1 The Schedule to the Trade Marks (Isle of Man) Order 2013 is amended as follows. 2 For paragraph 17, substitute— 17 (1) In section 56(1) (protection of well-known trade marks)— (a) after “Paris Convention” insert “or the WTO agreement”; (b) in paragraph (a), after “national of” insert “the United Kingdom or”; (c) in paragraph (b), after “establishment in,” insert “the United Kingdom or”. (2) In section 56(2)— (a) after “Paris Convention” insert “or the WTO agreement”; (b) for the words from “his mark” to “confusion” substitute— the well known trade mark— (a) in relation to identical or similar goods or services, where the use is likely to cause confusion, or (b) where the well known trade mark has a reputation in the United Kingdom and the use of the other trade mark— (i) is without due cause, and (ii) takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the well known trade mark . (3) After section 56(2) insert— (2A) Subsection (2)(b) applies irrespective of whether the goods or services in relation to which the other trade mark is used are identical with, similar to or not similar to those for which the well known trade mark is entitled to protection. . 17A In sections 57(2) and (3) (national emblems etc. of Convention countries) and 58(2) (emblems etc. of certain international organisations) after “Paris Convention” insert “or the WTO agreement”. .
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