Common use of Exceptions to the Clause in Contracts

Exceptions to the. rights conferred by a trademark 1. Each Party shall provide for limited exceptions to the rights conferred by a trademark such as the fair use of descriptive terms including geographical indications, and they may provide other limited exceptions, provided such exceptions take account of the legitimate interests of the proprietor of the trademark and of third parties. 2. The trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade: (a) his own name or address; (b) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services; (c) the trademark where it is necessary to indicate the intended purpose of a good or service, in particular as accessories or spare parts; provided he uses them in accordance with honest practices in industrial or commercial matters. 3. The trademark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Party in question and within the limits of the territory in which it is recognised.