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“non-examined” and, in the former case, refusal of protection for part or all of a certain class
of goods.
Section 4
Rights Deriving from Registration
66. Registration of a mark shall afford to its owner the right to prohibit others from
carrying out the following acts:
(a) any commercial use of the mark or sign or of a trade name resembling it in such a
way as to mislead the public, for goods or services for which the mark is registered or for
other goods or services for which use of the mark or sign could mislead the public;
(b) any other use of the mark or of a sign or a trade name resembling it, without just
cause and under conditions likely to be prejudicial to the owner of the mark.
67. Registration of a mark shall not afford to its owner the right to prohibit others from
using in good faith their names, addresses, pseudonyms, geographical names, or exact
statements on the type, quality, quantity, purpose, value, standards, place, origin or period of
production of their goods or the provision of their services on condition that it concern a use
limited to the purposes of simple identification or information and may not mislead the public
as to the source of the goods or services.
68.—(1) Registration of a mark shall not afford the owner the right to prohibit others
from using the mark in relation to goods lawfully sold in the country under that mark,
providing that such goods have not undergone any change.
(2) Registration of a mark shall not afford the owner the right to prohibit the
publication of specific studies or of comparative tests of goods or services of various brands
for the use of consumers.
69.—(1) The term of protection for a registered mark shall be 10 years as from the
filing date.
(2) The owner of a mark may, within the 12 months preceding expiry of the term of the
registration, request renewal of his mark on simple payment of the prescribed fee.
Nevertheless, a six-month period of grace shall be afforded for payment of the fee following
expiry, on payment of a surcharge laid down in the implementing decree. Failure to renew
within the prescribed time limit shall lead automatically to lapse of the mark.
70.—(1) Any person who has allowed his mark to fall into the public domain or
become everyday language without having taken measures to prevent abuse, such as
counterfeiting, imitation or usurping of his mark, shall forego his rights in that mark.
(2) Any person who, for reasons of force majeure, has not been able to comply with the
time limits laid down by law for carrying out an act and who, for that reason, loses any right
deriving from an application for registration of a mark or to a registered mark may request
restoration of such right if he furnishes proof relating to his failure to comply.
(3) Examination of the request shall be subject to prior payment of a fee before the
Agency acts and takes a decision.
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