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Intellectual Property Law

Singapore Management University

Research Collection Yong Pung How School Of Law

Series

2009

Articles 1 - 1 of 1

Full-Text Articles in Law

The Use And Misuse Of Well-Known Marks Listings, Kung-Chung Liu, Eric Wang, Xinliang Tao Dec 2009

The Use And Misuse Of Well-Known Marks Listings, Kung-Chung Liu, Eric Wang, Xinliang Tao

Research Collection Yong Pung How School Of Law

The continual strengthening of the protection for well-known marks has been one of the features of international trademark development in the post-TRIPS era. In many countries well-known marks can now be granted full trademark right and protection merely from the fact that they are well-known; well-known marks can also be protected against dilution or even the likelihood thereof, and against comparative advertising that is discrediting or denigrating. However, for market late-comers seeking a new trademark, there is no clear way to determine if a particular mark is well-known. Without this certainty the applicant cannot calculate the risk of having the …