Page:United States Statutes at Large Volume 115 Part 3.djvu/645

 PROCLAMATION 7449-JUNE 8, 2001 115 STAT. 2719 which the owner's trademark is registered, where such use would result in a likelihood of oonfiision. In the case of the use of an identical sign for identical goods or services, a likelihood ofconfttsion shall be presumed. The rights described above shall not prejudice any prior rights, nor shall they affect the possibilityof making rights available on the basis of use. 3. A Party may make registrabBity depend on use. However, actual use of a trademark shall not be a condition for filing an application for registration Neither Party may refiise an application solely on the ground that intended use has not taken placebefore the expiry of a period of three years from the date of application for registration 4. Each Party shall provide a system for the registration of trademarks, which shall include: A. examination of applications; B notice to be given to an applicam of the reasons for the refusal to register a trademark, C. a reasonable opportunity for the applicant to respond to the notice, D. publication of each trademark either before or promptly after it isregistered;and E a reasonable opportunity for interested persons to petition to cancel the registration of a trademark 5 The nature of the goods or services to which a trademark is to be apphed shall in no case form an obstacle to the registration of a trademark 6 Article (>bis of the Paris Convention shall apply, with such modifications as may be necessary, to services. In determining whether a trademark is well-known, account shall be taken of the knowledge of the trademark in the relevant seaor of the public, including knowledge in the Party's territory obtained as a result of the promotion of the trademark Neither Party may require that the reputation ofthetrademark extend beyond the sector of the public that normally deals v^th the relevant goods or services or that the trademark be registered. 7 Each Party shall usethe International Classification of Goods and Services for registration. Neither Party shall use such classification as the only basis for determining the likelihood ofcon fi ision 8. Each Party shall provide thatthe initial registration of a trademark be for a term of atleast 10 years, and that the registration be indefinitely renewable for terms of not less than 10 years when conditions for renewal have been met ^

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