(四)驰名商标的保护
1.服务商标应适用驰名商标保护的规定
《TRIPS协定》第16条第2款规定,《巴黎公约》1967年文本第6条之2,原则上适用于服务商标。
2.确定驰名商标应考虑的因素
In determining whether a trademark is well-known, Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark.
3.驰名商标的效力
Article 6bis of the Paris Convention (1967) shall apply,mutatis mutandis, to goods or services which are not similar to those in respect of which a trademark is registered, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered trademark and provided that the interests of the owner of the registered trademark are likely to be damaged by such use.