Recordal of Well-Known Marks - Mexico, Thailand and the Ukraine

Regulations relating to the recordal of well-known or famous marks have recently issued in Mexico, Thailand and the Ukraine. The regulations outline the evidence, duration and other criteria required for the authorities to determine whether a mark is well-known. Well-known marks are defined as marks that gain notoriety due to a high degree of inherent distinctiveness, or extensive use or advertisement. Owners of eligible well-known marks may file applications, supported by information and documentation sufficient to establish the well-known nature of the marks, to register marks as well-known marks.

Owners of registered well-known or famous trademarks may prevent use or registration of similar trademarks not only in respect of those goods or services for which the marks have become well-known, but also in respect of any other goods or services.