Well-know trade and service marks are marks that enjoy a high degree of consumer recognition.
The World Intellectual Property Organization (WIPO) recommends the following factors to determine whether a mark is well-known:
The Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) protect unregistered well-known marks in many countries. It is however advisable to seek registration of well-known marks, taking into account that there may be extended forms of protection for registered well-known marks in certain countries.
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