Page:United States Statutes at Large Volume 106 Part 6.djvu/738

 106 STAT. 5296 PROCLAMATION 6445^JUNE 15, 1992 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 unauthorized use which constitutes an act of unfair competition or passing o^. (iv) Term of Protection The registration of a trademark shall be indefinitely renewable for terms of no less than 10 years when conditions for renewal have been met. Initial registration of a trademark shall be for a term of at least 10 years. (v) Requirement of Use (1) If use of a registered mark is required to maintain trademark rights, the registration may be cancelled only after an uninterrupted period of at least two years of non-use, unless legitimate reasons for nonuse exist. Use of the trademark with the consent of the owner shall be recognized as use of the trademark for the purpose of maintaining the registration. (2) Legitimate reasons for non-use shall include non-use due to circumstances arising independently of the will of the trademark holder (such as import restrictions on or other government requirements for products protected by the trademark) which constitute an obstacle to the use of the mark. (vi) Other Requirements The use of a trademark in commerce shall not be encumbered by special requirements, such as use which reduces the function of a trademark as an indication of source or use with another trademark. (vii) Compulsory Licensing Compulsory licensing of trademarks shall not be permitted, (viii) Transfer Trademark registrations may be transferred, (c) Patents (i) Patentable Subject Matter (1) Patents shall be available for all inventions, whether they concern products or processes, in all fields of technology. (2) Parties 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 patent owner's consent from making, using, or selling the subject
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