Page:United States Statutes at Large Volume 106 Part 6.djvu/785

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PROCLAMATION 6449-^JUNE 22, 1992 106 STAT. 5343 the mark is capable of distinguishing the goods or services of one undertaking from those of other undertakings. (2) The term "trademark" shall include service marks, collective and may include certlHcation marks. (ii) Acquisition of Rights (1) Each Party shall provide a system for the registration of trademarks. Parties shall provide protection for trademarks based on registration and may provide protection on the basis of use. (2) Each Party shall publish each trademark either before it is registered or promptly after it is registered and shall afford other parties a reasonable opportunity to petition to cancel the registration. In addition, each Party may afford an opportunity for the other Party to oppose the registration of a. trademark. (3) The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to registration of the trademark. (iii) Rights Conferred (1) The owner of a registered trademark shall have exclusive rights therein. He shall be entitled to prevent all third parties not having his consent from using in commerce idoitical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is protected, where such use would result in a likelihood of confusion. (2) Each Party shall refuse to register or shall cancel the registration and prohibit use of a trademark likely to cause confusion with a trademark of another which is considered to be well-known. A Party may not require that the reputation of the trademark extend beyond the sector of the public which normally deals with the relevant goods or services. (3) The owner of a trademark shall be entitled to take action against any imauthorized use which constitutes an act of unfair competition. (4) The rights described in the foregoing paragraphs shall not prejudice any existing prior rights, nor shall this affect the possibility of Parties making rights available on the basis of use. (iv) Term of Protection Initial registration of a trademark shall be for a term of at least 10 years. The registration of a trademark shall be indefinitely renewable for terms of no less than 10 years when conditions for renewal have been met (v) Other Requirements The use of a trademark in commerce shall not be oicumbered by special requirements, such as use which reduces the function of a trademark as an indication of source or use with another trademark. (vi) Compulsory Licensing Compulsory licensing of trademarks shall not be permitted. (vii) Transfer Trademark registrations may be transferred. (c) Patents (i) Patentable Subject Matter Patents shall be available for all inventions, whether products or processes, in all fields of technology, except that a Party may exclude from patentability any invention or discovery which is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon. (ii) Rights Conferred (1) A patent shall confer the right to prevent others not having the patrait owner's consent from making, using, or selling the subject matter of the pat«it. In the case of a