13 (ii) the sign consists exclusively of an indication which may serve, in the course of trade, to designate the kind, quality, quantity, intended purpose, value, time of production or of supply or other characteristics of the goods or services concerned; (iii) the sign consists exclusively of an indication which has become, in the current language or in the bona fide and established practices of local trade, a customary designation of the goods or services concerned. When assessing whether a sign is incapable of distinguishing the goods or services of one enterprise from those of other enterprises, account shall be taken of all factual circumstances, particularly any use of the sign as a mark prior to the time of the decision on registration. (b) A sign that consists exclusively or in part of a geographical indication liable to mislead as to the geographical origin of the goods and services concerned or which, if it were registered as a mark, would unduly interfere with use of the geographical indication by those persons, other than the owner of the registration, that are entitled to use such indication. (4)(a) A sign that conflicts with a prior right shall not be protected nor registered as a mark. (b) Subject to subparagraph (c), where the mark belonging to an enterprise or a collective mark is the subject of a registration or of a pending application for registration and a further enterprise files an application for registration as a mark, for identical or similar goods or services, a sign that is identical or similar to the extent of probable confusion, the latter sign shall be deemed to conflict with a prior right. (c) Subparagraph (b) shall also apply where the mark has ceased to be registered one year at the most before the date on which the application has been filed by the other enterprise or where the collective mark has ceased to be registered five years at most before such date. (d) For the purposes of subparagraphs (b) and (c), account shall be taken of all other claimed priorities for the pending application for registration and for the application filed by the other enterprise. Section 2 Right to a Mark 58.—(1) Subject to Article 133(4), a mark shall belong to the person who was the first to file an application with the Agency. (2) No person may claim an exclusive right in a mark unless he has validly filed an application. (3) Where a registered mark has been used publicly and continuously on the national territory for at least three years without having given rise to legal action that has been upheld, property in the mark shall belong to the owner of the registration without possible opposition on the grounds of prior use by another person unless it be proved that at the time of filing the applicant could not have been unaware of such other person’s mark. (4) Use of the mark may only be proved by written matter, printed matter or documents contemporary with the use that they claim to prove. 59.—(1) Anyone wishing to claim the priority of an earlier filing of a mark carried out in a country party to the Paris Convention shall be required to attach to his application or to file at the latest within three months of the filing of the application, on pain of inadmissibility: